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1 <br /> COMPANY AGREEMENT <br /> TERMS AND CONDITIONS <br /> (b) sufficient and adequate electrical circuits for the third party products;and <br /> (c) installation of all required cables. <br /> 7.8 Warranties. <br /> (a) COMPANY is authorized by the manufacturer or supplier of all third party software products <br /> listed in the Investment Summary to grant licenses or sublicenses to such products. <br /> (b) Unless otherwise noted in any attached addendum,COMPANY warrants that each third party <br /> product shall be new and unused,and if CLIENT fully and faithfully performs each and every <br /> obligation required of it under the Third Party Product Agreement,CLIENT's title or license <br /> to each third party product shall be free and clear of all liens and encumbrances arising <br /> through COMPANY. <br /> (c) The parties understand and agree that COMPANY is not the manufacturer of the third party <br /> products. As such,COMPANY does not warrant or guarantee the condition of the third party <br /> products or the operation characteristics of the third party products. <br /> (d) THE WARRANTIES SET FORTH IN THIS THIRD PARTY PRODUCT AGREEMENT <br /> ARE EXCLUSIVE AND IN LIEU OF ALL OTHER RIGHTS AND REMEDIES <br /> REPRESENTATIONS OR WARRANTIES EXPRESSED, IMPLIED OR STATUTORY, <br /> INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, <br /> FITNESS FOR A PARTICULAR PURPOSE AND SYSTEM INTEGRATION. <br /> 7.9 Maintenance. It shall be the responsibility of CLIENT to repair and maintain the third party <br /> products after acceptance. Support for Third Party Application Software is not provided by <br /> COMPANY unless otherwise specified in this Agreement. COMPANY's responsibility is limited <br /> to delivering the Third Party Application Software and installing the software if installation <br /> services are provided in this Agreement. <br /> 8. General Return Merchandise Authorization(RMA)Policy. <br /> (a) In order to return or replace any product ordered from COMPANY, CLIENT will need to <br /> request and obtain an RMA number from appropriate COMPANY personnel. RMA numbers <br /> will be issued at the discretion of COMPANY and products returned without an RMA number <br /> may be refused by COMPANY. COMPANY reserves the right to refuse the return of any <br /> product or to refuse the issuance of an RMA number. <br /> (b) All shipping costs are the responsibility of the CLIENT. COMPANY recommends the use of <br /> a traceable and insurable shipping source. COMPANY will not be responsible for lost or <br /> damaged products as a result of the shipping process. <br /> (c) Qualifying products must be returned unopened with original packaging and materials unless <br /> otherwise agreed upon by COMPANY. The following situations will result in the refusal of <br /> an RMA number and credit will not be issued to client: <br /> • Opened inkjet or laser jet printers; <br /> • Opened Third Party Software;or <br /> • Damaged products as a result of irregular use of mishandling by customer. <br /> (d) Products may only be returned to COMPANY for account credit after an RMA number has <br /> been issued by COMPANY. All returns are subject to a restocking fee of 20% of original <br /> purchase price. Failure to comply with this policy will result in a refusal of credit and future <br /> product placement. <br /> 11 <br />