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F. Owner shall make decisions and carry out its <br /> B. All new products manufactured by ADS will other responsibilities in a timely manner and shall bear <br /> be free from defects in material and workmanship for all costs incident thereto so as not to delay the services <br /> u to one 1 year following the date of shipment of ADS. <br /> P ( ) Y g P <br /> from ADS. During this warranty period, upon <br /> satisfactory proof of a defect, the product may be 5.02 Authorized Representatives <br /> returned for repair or replacement, at ADS's sole <br /> option. No returns will be accepted unless the Owner A. Contemporaneous with the execution of this <br /> has prepaid shipping and has received a prior Agreement, ADS and Owner shall designate specific <br /> authorization return number from ADS. Please individuals to act as ADS and Owner's representatives <br /> contact ADS to obtain an authorization return with respect to the services to be performed or <br /> number. Warranty repairs and replacements will be furnished by ADS and responsibilities of Owner under <br /> performed only by ADS or its authorized this Agreement. Such individuals shall have authority <br /> representative. Any unauthorized repair or to transmit instructions, receive information, and <br /> replacement, including without limitation opening up render decisions relative to the Work on behalf of each <br /> a monitor, will void this product warranty. Any respective Party. <br /> repair or replacement will be covered by this new <br /> product warranty for one hundred eighty (180) days 5.03 Use of Documents <br /> from the date that such repaired or replaced product A. All Documents are instruments of service in <br /> is shipped from ADS. This warranty is available to respect to Work under this Agreement, and ADS shall <br /> the Owner as the original purchaser of the product retain an ownership and property interest therein <br /> and only if it has been installed, operated, and whether or not the Work is completed. <br /> maintained by ADS. This warranty does not apply to <br /> damage by catastrophes of nature, fire, explosion, B. Copies of Documents that may be relied upon <br /> acts of God (including, but not limited to, lightning by Owner are limited to the printed copies(also known <br /> damage and power surges), accidents, improper use as hard copies)that are signed or sealed by ADS. Files <br /> or service, damage during transportation, or other in electronic media format of text,data,graphics,or of <br /> similar causes beyond ADS's control. other types that are furnished by ADS to Owner are <br /> only for convenience of Owner. Any conclusion or <br /> C. ADS shall perform or furnish services in all information obtained or derived from such electronic <br /> areas of Work to which this Agreement applies. ADS files will be at the user's sole risk. <br /> shall serve as Owner's prime contractor for the Work. <br /> ADS may employ such Subcontractors as ADS deems C. Because data stored in electronic media format <br /> necessary to assist in the performance or furnishing of can deteriorate or be modified inadvertently or <br /> the services. ADS shall not be required to employ any otherwise without authorization of the data's creator, <br /> Subcontractors unacceptable to ADS. the party receiving electronic files agrees that it will <br /> perform acceptance tests or procedures within sixty <br /> D. ADS and Owner shall comply with applicable (60) days, after which the receiving party shall be <br /> Laws or Regulations and reasonable Owner-mandated deemed to have accepted the data thus transferred. <br /> standards. This Agreement is based on these Any errors detected within the sixty (60)-day <br /> requirements as of its Effective Date. Changes to these acceptance period will be corrected by the party <br /> requirements, including the change in interpretation of delivering the electronic files. ADS shall not be <br /> these requirements, after the Effective Date of this responsible to maintain documents stored in electronic <br /> Agreement may be the basis for modifications to media format after acceptance by Owner. <br /> Owner's responsibilities or to ADS's scope of <br /> services,times of performance,or compensation. D. When transferring documents in electronic <br /> media format, ADS makes no representations as to <br /> E. Owner shall be responsible for, and ADS may long term compatibility, usability, or readability of <br /> rely upon, the accuracy and completeness of all documents resulting from the use of software <br /> requirements,programs, instructions,reports,data,and application packages, operating systems, or computer <br /> other information furnished by Owner to ADS hardware differing from those used by ADS at the <br /> pursuant to this Agreement. ADS may use such beginning of this Project. <br /> requirements, reports, data, and information in <br /> performing or furnishing services under this E. (Section deleted by both parties) <br /> Agreement. <br /> 3 ADS LLC <br />