� , � �
<br /> warranties, express or implied, under this Agreement requirements, reports, data, and information in
<br /> or otherwise, in connection with ADS's services, performing or furnishing services under this
<br /> except as provided in section SA1.B. Agreement.
<br /> B. All new products manufactured by ADS will F. Owner shall make decisions and carry out its
<br /> be free from defects in material and workmanship for other responsibilities in a timely manner and shall bear
<br /> up to one (1) year following the date of shipment all costs incident thereto so as not to delay the services
<br /> from ADS. During this warranty period, upon of ADS.
<br /> satisfactory proof of a defect, the product may be
<br /> returned for repair or replacement, at ADS's sole 5.02 Authorized Representatives
<br /> option. No returns will be accepted unless the Owner
<br /> has prepaid shipping and has received a prior A. Contemporaneous with the execution of this
<br /> authorization return number from ADS. Please Agreement, ADS and Owner shall designate specific
<br /> contact ADS to obtain an authorization return individuals to act as ADS and Owner's representatives
<br /> number. Warranty repairs and replacements will be W�th respect to the services to be performed or
<br /> performed only by ADS or its authorized ���shed by ADS and responsibilities of Owner under
<br /> representative. Any unauthorized repair or this Agreement. Such individuals shall have authority
<br /> replacement, including without limitation opening up to transmit instructions, receive information, and
<br /> a monitor, will void this product warranty. Any render decisions relative to the Work on behalf of each
<br /> repair or replacement will be covered by this new respective Party.
<br /> I product warranty for ninety (90) days from the date
<br /> that such repaired or replaced product is shipped 5.03 Use of Documents
<br /> from ADS. This warranry is available to the Owner A. All Documents are instruments of service in
<br /> as the original purchaser of the pmduct and only if it respect to Work under this Agreement,and ADS shall
<br /> has been installed,operated,and maintained by ADS. retain an ownership and property interest therein
<br /> This warranty does not apply to damage by whether or not the Work is completed.
<br /> catastrophes of nature, fire, explosion, acts of God
<br /> (including, but not limited to, lightning damage and B. Copies of Documents that may be relied upon
<br /> power surges), accidents, improper use or service, by Owner aze limited to the printed copies(also known
<br /> damage during transportation,or other similar causes as hazd copies)that are signed or sealed by ADS. Files
<br /> beyond ADS's control. in electronic media format of te�ct,data,graphics,or of
<br /> other types that are furnished by ADS to Owner are
<br /> C. ADS shall perform or furnish services in all only for convenience of Owner. Any conclusion or
<br /> areas of Work to which this Agreement applies. ADS information obtained or derived from such electronic
<br /> shall serve as Owner's prime contractor for the Work. files will be at the user's sole risk.
<br /> ADS may employ such Subcontractors as ADS deems
<br /> necessary to assist in the performance or furnishing of C. Because data stored in electronic media format
<br /> the services. ADS shall not be required to employ any can deteriorate or be modified inadvertently or
<br /> Subcontractors unacceptable to ADS. otherwise without authorization of the data's creator,
<br /> the party receiving electronic files agrees that it will �
<br /> D. ADS and Owner shall comply with applicable perform acceptance tests or procedures within sixty i
<br /> Laws or Regulations and reasonable Owner-mandated (60) days, after which the receiving party shall be �
<br /> standards. This Agreement is based on these �med to have accepted the data tfius transferred.
<br /> requirements as of its Effective Date. Changes to these Any errors detected within the sixty (60)-day
<br /> requirements, including the change in interpretation of acceptance period will be corrected by the party
<br /> these requirements, after the Effective Date of this delivering the electronic files. ADS shall not be
<br /> Agreement may be the basis for modifications to responsible to maintain documents stored in electronic
<br /> Owner's responsibilities or to ADS's scope of services, media format after acceptance by Owner.
<br /> times of performance,or compensation.
<br /> D. When transferring documents in electronic
<br /> E. Owner shall be responsible for,and ADS may media format, ADS makes no representations as to
<br /> rely upon, the accuracy and completeness of all long term compatibility, usability, or readability of
<br /> requirements,programs,instructions,reports,data,and documents resulting from the use of software
<br /> other information fumished by Owner to ADS application packages, operating systems, or computer
<br /> pursuant to this Agreement. ADS may use such
<br /> 3 ADS LLC
<br />
|