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APPENDIX 1 - WARRANTIES
<br />EXCEPT FOR THE WARRANTIES SPECIFICALLY SET FORTH BELOW, ADT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
<br />INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
<br />GENERAL WARRANTY
<br />ADT warrants that the work and services to be performed pursuant to the Proposal will be completed by qualified personnel possessing the knowledge and
<br />capability to perform such work and services, and that such work and services shall be performed by such personnel in a professional and workman like manner.
<br /> Where the Proposal includes the provision of “professional” Services by ADT (services that are required to be performed by a licensed engineer, architect, or
<br />other professional), the standard of care for such Services shall be the care and skill ordinarily employed by members of the profession practicing under similar
<br />conditions at the same time and locality of the relevant Services.
<br />LIMITED WARRANTIES
<br />Equipment. ADT warrants equipment sold under the Proposal for a period of 90 Days.
<br />Installations. ADT warrants installation of equipment for a period of 90 Days beginning at Substantial Completion (excluding software defects).
<br />Software Installation. ADT warrants software installation and programming by ADT for a period of 90 Days beginning at Substantial Completion (excluding
<br />software defects).
<br />ATM Services. ADT warrants installation of ATM equipment and other ATM-related services (excluding test and inspection services) for a period of 90 Days
<br />beginning at Substantial Completion.
<br />As used herein, “Substantial Completion” is defined as the stage that the work is sufficiently complete so that the Customer has beneficial use of the equipment
<br />and/or premises involved in the work. For a project involving multiple phases or facilities, Substantial Completion shall be determined, and the limited warranty
<br />shall run, for each phase or facility separately. Substantial Completion excludes commissioning.
<br />During the warranty periods set forth above, ADT will at its cost, repair or, at its option, replace, any defective part of the equipment ADT installs or service ADT
<br />performs. ADT may, at its option, use new or reconditioned parts for replacements.
<br />We perform repair services only during our normal working hours which are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays. IF YOU
<br />REQUEST US TO PERFORM REPAIR SERVICES OUTSIDE OF OUR NORMAL WORKING HOURS, THEN WE MAY REQUIRE YOU TO PAY FOR OUR
<br />SERVICES AT OUR THEN-CURRENT RATES FOR LABOR.
<br />ADT Service Plan/Extended Service Plan. Subject to the limitations and exclusions set forth in this Appendix 1, if Customer has subscribed to an ADT Service
<br />Plan/Extended Service Plan, then in lieu of the Limited Warranties set forth herein, ADT shall, at its cost, perform such repairs as set forth in the ADT Service
<br />Plan/Extended Service Plan for the term of such plan.
<br />NO WARRANTY
<br />Software Upgrades. Purchases of Software Upgrades have no warranty from ADT. Notwithstanding anything to the contrary in the Proposal or in any Master
<br />Agreement between the parties, any liability of ADT related to software upgrades pursuant to the Proposal shall be limited to the Total Price set forth in the
<br />Proposal.
<br />Manufacturer Software Support and Services. Purchases of manufacturer software support and services have no warranty from ADT. A purchase of
<br />manufacturer software support may entitle Customer to software version upgrades. Any labor to install and commission the software upgrades is not included
<br />unless specifically set forth in the Proposal. Notwithstanding anything to the contrary in the Proposal or in any Master Agreement between the parties, any
<br />liability of ADT related to software upgrades pursuant to the Proposal shall be limited to the Total Price set forth in the Proposal.
<br />Sprinklers. ADT does not warrant any sprinkler services (including but not limited to installation, testing, inspection, repair and maintenance) provided by ADT
<br />(“Sprinkler Work”) against failures or against defects in the materials or workmanship provided. However, if any replacement part or item of equipment installed
<br />by ADT proves defective, ADT will extend to the Customer the benefits of any warranty ADT has received from the manufacturer. Removal and reinstallation of
<br />any equipment or materials repaired or replaced under a manufacturer’s warranty will be at Customer’s expense and at the rates then in effect. THERE ARE NO
<br />WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SPRINKLER WORK PERFORMED HEREUNDER, AND THE SOLE AND
<br />EXCLUSIVE REMEDY OF THE CUSTOMER FOR FAILURES OR DEFECTS IN THE SPRINKLER WORK PERFORMED IS TO HAVE THE SPRINKLER WORK
<br />REDONE AT THE CUSTOMER’S EXPENSE.
<br />eSRG. Consulting services performed by the ADT eSRG team carry no warranty from ADT beyond the general warranty set forth above.
<br />Design. Design services performed by ADT carry no warranty from ADT beyond the general warranty set forth above.
<br />Monitoring Services. Monitoring Services carry no warranty from ADT. If applicable, see Appendix 7 for additional information.
<br />Hosted Services. Hosted Services carry no warranty from ADT. If applicable, see Appendix 8 and Appendix 9 for additional information.
<br />EXCLUSIONS
<br />ADT’s warranty does not include:
<br />a. Damage or malfunction due to accident, acts of nature (including lightning strikes), improper operation, power surge/loss, misuse, neglect, unauthorized
<br />modification or repair or use in a manner for which the equipment was not intended;
<br />b. Consumable items such as printer print heads or access cards, and items designed to fail in order to protect the equipment (such as fuses and surge
<br />suppressors);
<br />c. Technician services for troubleshooting, removing or replacing any failed component not covered by this warranty which may include upgrading or otherwise
<br />modifying and fixing Customer provided computer equipment;
<br />d. Any installation, maintenance, repair, service, relocation or alteration to or of, or other tampering with the equipment or replacement parts performed by any
<br />person or entity other than ADT without ADT’s prior written approval, or any use of replacement parts not supplied by ADT, either of which shall void and cancel
<br />all warranties with respect to the affected products and/or Services.
<br />e. Software defects; and/or
<br />f. Telephone line malfunctions or modifications to Customer’s telephone service that render it incompatible with the equipment or the central station.
<br />DocuSign Envelope ID: 054FEA76-B154-4ACE-8514-7B3B36346FC2
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