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AG 2018 09 17
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AG 2018 09 17
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Last modified
5/8/2019 7:18:45 PM
Creation date
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
9/17/2018
Board
Board of Commissioners
Meeting Type
Regular
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9.2. EQUIPMENT WARRANTY. During the Warranty Period, Motorola warrants that the Equipment under normal <br />use and service will be free from material defects in materials and workmanship. If System Acceptance is delayed <br />beyond six (6) months after shipment of the Equipment by events or causes within Customer's control, this warranty <br />expires eighteen (18) months atter the shipment of the Equipment. <br />9.3. MOTOROLA SOFTWARE WARRANTY. Unless otherwise stated in the Software License Agreement, during <br />the Warranty Period, Motorola warrants the Motorola Software in accordance with the terms of the Software License <br />Agreement and the provisions of this Section 9 that are applicable to the Motorola Software. If System Acceptance <br />is delayed beyond six (6) months after shipment of the Motorola Software by events or causes within Customer's <br />control, this warranty expires eighteen (18) months after the shipment of the Motorola Software. TO THE EXTENT, <br />IF ANY, THAT THERE IS A SEPARATE LICENSE AGREEMENT PACKAGED WITH, OR PROVIDED <br />ELECTRONICALLY WITH, A PARTICULAR PRODUCT THAT BECOMES EFFECTIVE ON AN ACT OF <br />ACCEPTANCE BY THE END USER, THEN THAT AGREEMENT SUPERCEDES THIS SOFTWARE LICENSE <br />AGREEMENT AS TO THE END USER OF EACH SUCH PRODUCT. <br />9.4. EXCLUSIONS TO EQUIPMENT AND MOTOROLA SOFTWARE WARRANTIES. These warranties do not <br />apply to: (i) defects or damage resulting from: use of the Equipment or Motorola Software in other than its normal, <br />customary, and authorized manner; accident, liquids, neglect, or acts of God; testing, maintenance, disassembly, <br />repair, installation, alteration, modification, or adjustment not provided or authorized in writing by Motorola; <br />Customer's failure to comply with all applicable industry and OSHA standards; (ii) breakage of or damage to <br />antennas unless caused directly by defects in material or workmanship; (iii) Equipment that has had the serial <br />number removed or made illegible; (iv) batteries (because they carry their own separate limited warranty) or <br />consumables; (v) freight costs to ship Equipment to the repair depot; (vi) scratches or other cosmetic damage to <br />Equipment surfaces that does not affect the operation of the Equipment; and (vii) normal or customary wear and <br />tear. <br />9.5. WARRANTY CLAIMS. To assert a warranty claim, Customer must notify Motorola in writing of the claim before <br />the expiration of the Warranty Period. Upon receipt of this notice, Motorola will investigate the warranty claim. If <br />this investigation confirms a valid warranty claim, Motorola will (at its option and at no additional charge to Customer) <br />repair the defective Equipment or Motorola Software, replace it with the same or equivalent product, or refund the <br />price of the defective Equipment or Motorola Software. That action will be the full extent of Motorola's liability for <br />the warranty claim. If this investigation indicates the warranty claim is not valid, then Motorola may invoice Customer <br />for responding to the claim on a time and materials basis using Motorola's then current labor rates. Repaired or <br />replaced product is warranted for the balance of the original applicable warranty period. All replaced products or <br />parts will become the property of Motorola. <br />9.6. ORIGINAL END USER IS COVERED. These express limited warranties are extended by Motorola to the <br />original user purchasing the System for commercial, industrial, or governmental use only, and are not assignable <br />or transferable. <br />9.7. DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE COMPLETE WARRANTIES FOR <br />THE EQUIPMENT AND MOTOROLA SOFTWARE PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN <br />LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, <br />EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR <br />A PARTICULAR PURPOSE. <br />Section 10 DELAYS <br />10.1. FORCE MAJEURE. Neither Party will be liable for its non-performance or delayed performance if caused <br />by a Force Majeure. A Party that becomes aware of a Force Majeure that will significantly delay performance will <br />notify the other Party promptly (but in no event later than fifteen days) atter it discovers the Force Majeure. If a <br />Force Majeure occurs, the Parties will execute a change order to extend the Performance Schedule for a time <br />period that is reasonable under the circumstances. <br />10.2. PERFORMANCE SCHEDULE DELAYS CAUSED BY CUSTOMER. If Customer (including its other <br />contractors) delays the Performance Schedule, it will make the promised payments according to the Payment <br />Schedule as if no delay occurred; and the Parties will execute a change order to extend the Performance Schedule <br />Use ordeolosme of thk proposal Is subject Customer Name Long <br />to the restrictions on the "don cover page. <br />36 Table of Contents Motomla Solutions Confidential Restricted <br />F-9 Page 219 <br />
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