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SUBMISSION
<br /> Page: 6
<br /> TEUM Date: 4/27/2023
<br /> ELECTRONICS Price Valid Thru : 05/11/23 0155904-01A
<br /> The Power of Connection and Protection'
<br /> Tech agrees to provide goods and/or services as described in the Submission(the"Goods"and the"Services")in connection with the system(s)(as
<br /> described in the Submission,the"System"). If Customer desires Tech to provide any additional services other than as set forth in the Submission,then
<br /> any such additional services shall only be furnished pursuant to a separate agreement.
<br /> 1.2 Warranty Limitations.
<br /> If warranty service is requested because of causes other than breach of a warranty provided by Tech,the service will be provided at Tech's per call rates
<br /> and terms then in effect. Some examples of causes other breach of warranty include normal wear and tear;unauthorized attempts by other than Tech
<br /> personnel to repair,maintain or modify the System or its component parts;catastrophe;failure of equipment not maintained by Tech or of equipment not
<br /> covered by the Submission;fault or negligence of Customer;operator error,improper use or misuse of the equipment;causes external to the equipment
<br /> such as,but not limited to,transportation or fluctuations of humidity,temperature,power surges and lightning. Warranty service does not include(i)
<br /> operating supplies or accessories,cleaning supplies necessary for Customer preventive maintenance,paint,or refinishing the equipment or famishing
<br /> materials for this purposes;(ii)electrical work external to the machines or maintenance of accessories;(iii)batteries or lamps;(iv)alterations,
<br /> attachments or other devices not famished by Tech unless specifically noted herein;or(v)moves,adds or changes of software and/or System hardware
<br /> not related to maintenance of the System.
<br /> 1.3 Movement of Equipment.
<br /> To permit continuity of service while the System is covered under warranty,Customer shall give Tech at least thirty(30)days prior written notice of its
<br /> intent to move any equipment comprising part of the System. Tech personnel shall supervise the dismantling and packing/unpacking of the equipment
<br /> and shall inspect and reinstall the equipment at the new location,and charge Customer for all such labor and materials provided at its then-current rates
<br /> and terms. Tech shall be under no obligation to furnish continued services or warranty services if any part of the System is moved from its location of
<br /> initial installation and/or reinstalled without the prior written approval of Tech.
<br /> 1.4 Authorization of Tech.
<br /> Customer hereby authorizes and empowers Tech,its agents or assigns,if required by the Submission,to: (i) to perform any necessary Services as
<br /> required to be performed by Tech hereunder;and(ii)enter Customer's premises in the event of an emergency occurring during periods of Customer's
<br /> apparent or actual absence for the purpose of making emergency repairs to the System,but only if Customer has furnished Tech with a key to its
<br /> premises. Tech assumes no liability for any delay,however caused,in the installation of the System or for interruption of services,due to strikes,fires,
<br /> power failures,interruptions or unavailability of telephone service,acts of God,or any other cause beyond the control of Tech. Notwithstanding the
<br /> foregoing,Tech shall have no obligation to enter Customer's premises without being asked to do so by Customer.
<br /> 2. Payment Terms.2.1 Fees;Payment.
<br /> The purchase price and the payment terms for the Goods and Services are set forth in the Submission. All sums not paid when due shall bear interest at
<br /> the rate of 1-1/2%per month or the maximum legal rate permitted by law,whichever is less.All costs of collection of amounts owed hereunder,
<br /> including reasonable attorney's fees,shall be paid by Customer.
<br /> 2.2 Expansion of System.
<br /> If,during the term of the warranty period,Customer expands the System,Tech may,in its sole discretion,increase the warranty service charge
<br /> commensurate with the expansion of the System,in which case Tech shall send Customer an additional invoice with such fee prorated over the
<br /> remaining term of this warranty period. Customer agrees to pay such fee,as increased hereunder,for the remainder of the term of the warranty period set
<br /> forth in the Submission.
<br /> 2.3 Additional Charges to Customer.
<br /> Customer acknowledges and agrees that Customer is responsible for the following additional costs: (i)discontinued or obsolete hardware and software.
<br /> In the event the hardware and/or software components on the System are discontinued or rendered obsolete by the manufacturer,then Customer agrees to
<br /> pay the additional costs to modify and/or purchase the replacement hardware and/or software necessary for the System to function properly as reasonably
<br /> determined by Tech;(ii)increased service charges of software or System manufacturer. In the event such manufacturer increases service charges to
<br /> Tech after the effective date of the Submission,Customer agrees to pay the additional costs;(iii)additional charges,imposed at the discretion of Tech,in
<br /> the event that Customer's software is not maintained at the current manufacturer's software version;(iv)any taxes or fees imposed by local ordinances
<br /> on the System or the maintenance thereof;and(v)costs to maintain all Customer provided hardware and software in order to maintain compatibility with
<br /> the System as the System hardware and/or software is upgraded throughout the term of the Submission. In such cases,Tech reserves the right to add a
<br /> special processing fee as well.
<br /> 3. Software Sublicense.
<br /> 3.1 Right To Distribute and Sublicense,Restrictions.
<br /> Tech has acquired from one or more third parties(each a"Third Party")the right to distribute and sublicense certain Third-Party software(the
<br /> "Software")for use in conjunction with the System. Tech hereby grants to Customer a non-exclusive,non-transferable sublicense to use the Software in
<br /> the System. Customer acknowledges that Tech is only a licensed distributor,and not the creator,owner,or manufacturer,of the Software. Tech shall
<br /> assign to Customer all its rights and interests in and to any warranty or indemnity offered in connection with the Third-Party Software that are assignable
<br /> by Tech.
<br /> 3.2 Third Party Software Terms and Conditions.
<br /> Customer shall comply with all Third-Party terms and conditions applicable to the maintenance of the Software,including but not limited to any
<br /> requirements to enter a separate software support and/or maintenance agreement with the applicable Third-Party manufacturer,creator or owner and
<br /> paying all associated maintenance and/or service fees associated therewith. In the event Customer fails to comply with any provisions of the Third-Party
<br /> maintenance terms and conditions,then(i)Tech may terminate the Submission immediately and(ii)any additional Services provided by Tech that are
<br /> requested by Customer shall be on a time-and-materials basis at Tech's then-current services rates.
<br /> Tech Electronics of Illinois, LLC
<br /> 417 Olympia Dr., Bloomington, IL 61704 . 309-874-2700 . Fax:309-433-9099 . www.techelectronics.com
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