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DocuSign Envelope ID:AA9CA136-3D94-47B1-93F8-5FC9F527B627
<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.
<br /> Installations.ADT warrants installation of equipment for a period of beginning at Substantial Completion(excluding software defects).
<br /> Software Installation.ADT warrants software installation and programming by ADT for a period of beginning at Substantial Completion(excluding software
<br /> 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 /> Electronic Article Surveillance(EAS)and Security Gates.
<br /> a.Customer acknowledges that installation and services of EAS or security gate equipment may require cutting,fastening or bolting to their premise floor,walls
<br /> and/or ceilings. ADT does not warrant and disclaims responsibility for repair of floor,floor coverings,walls,wall coverings,ceilings,ceiling patching, painting,
<br /> matching of finishes,restoration or replacement,or for related expenses.
<br /> b.ADT will reimburse Customer expenses for floor excavation,cutting,and refinishing for repairs to system required during the warranty period,but not for floor
<br /> covering,carpet or tile restoration or replacement.
<br /> c. For service required after the warranty period,Customer assumes all cost of repair, including but not limited to,floor excavation and refinishing,regardless of
<br /> the reasons for such repair.
<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;
<br /> f.Telephone line malfunctions or modifications to Customer's telephone service that render it incompatible with the equipment or the central station;and/or
<br /> g.Normal wear and tear.
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