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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.
<br />APPENDIX 2 – GENERAL TERMS AND CONDITIONS
<br />DocuSign Envelope ID: 901A240E-2C5B-47E4-916F-04BCE416D58B
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