Browse
Search
2024-222-E-OCTS Dept-TransLoc-Software License
OrangeCountyNC
>
Board of County Commissioners
>
Contracts and Agreements
>
General Contracts and Agreements
>
2020's
>
2024
>
2024-222-E-OCTS Dept-TransLoc-Software License
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
5/28/2024 9:00:26 AM
Creation date
5/28/2024 9:00:14 AM
Metadata
Fields
Template:
Contract
Date
4/1/2024
Contract Starting Date
4/1/2024
Contract Ending Date
4/15/2024
Contract Document Type
Contract
Amount
$19,388.00
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
37
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
Page 7 of 15 CONFIDENTIAL <br />5.Warranties and Disclaimer of Company. <br />5.1. Equipment Base Warranty. In the event any third-party Equipment is provided to <br />Customer hereunder, either as part of the Services or as necessary or incidental to <br />Company’s provision of Services (including hosting services), Company shall pass <br />through to Customer any and all representations, warranties and covenants from <br />such third-party providers, in addition to any representations, warranties and <br />covenants provided by Company in this Agreement. Such warranties may be voided <br />as the result of Customer’s negligence, willful misconduct, or if caused by an action <br />under Section 5.4. <br />5.2. Professional Services Warranty. Company represents and warrants that the <br />professional services will be performed in a workmanlike manner consistent with <br />industry standards. <br />5.3. Exclusive Remedy. Customer's exclusive remedy for breach of related warranties <br />in this Sections 5 shall be that Company will use commercially reasonable efforts <br />in endeavoring to resolve and cure any such breach. <br />5.4. Warranty Limitations. Company is not responsible for failure of the Service to <br />conform to the Documentation or to provide accurate information with respect to <br />the location, time, status, availability or existence of Customer’s Vehicle Fleet if <br />the Equipment is (i) damaged, blocked, modified, disassembled, vandalized, <br />destroyed, or interfered with; (ii) subjected to extreme temperatures, flooding, over- <br />voltage, electrical surges, misapplication of electrical power, or caustic chemicals; <br />(iii) improperly installed or maintained by Customer or any third party; or (iv) used <br />for a purpose other than as intended by Company, including but not limited to use <br />in a configuration not recommended by Company. <br />5.5. Additional Fees. Company requires that installation or re-installation of all <br />Equipment be performed by Company or a third-party expressly authorized by <br />Company. In the event Company has to repair, modify, or replace any component <br />of the Equipment due to Customer’s improper installation, additional fees shall <br />incur. <br />5.6. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, COMPANY <br />MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND <br />DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, <br />NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR <br />ANY WARRANTIES ARISING FROM TRADE USAGE OR COURSE OF <br />DEALING. IN ADDITION, THE SERVICE DEPENDS UPON DATA BEING <br />TRANSMITTED OVER THE INTERNET, CUSTOMER’S NETWORK, GPS <br />SATELLITES, AND THIRD-PARTY CARRIER NETWORKS, AND AS <br />COMPANY HAS NO CONTROL OVER THE FUNCTIONING OF THE <br />INTERNET, THE SERVICE IS OFFERED ON AN “AS-AVAILABLE” BASIS. <br />COMPANY DOES NOT WARRANT THAT THE SERVICE WILL OPERATE <br />UNINTERRUPTED OR ERROR-FREE. <br />DocuSign Envelope ID: 00AEEDF8-E56F-4832-A7DF-FBD6EF554C6A
The URL can be used to link to this page
Your browser does not support the video tag.