R2015-144 AUTHORIZING EXPENDITURE OF FUNDS Decatur Police Department

Home Browse Search

� s, L� ' , . power outlets, disfribution, equipment and connections; and adequate telephone or other communication � lines (including modem access and adequate interfacing nefinrorking capabilities), all for the installation, use and maintenance of the Products. Section 7 ACCEPTANCE Acceptance of the Products will occur upon delivery to Customer unless the Statement of Work p�ovides for acceptance verification or testing, in which case acceptance of the Products will occur upon successful completion of the acceptance verification or testing. Nofinrithstanding the preceding sentence, Custome�'s use of the Products for their operational purposes will constitute acceptance. Section 8 WARRANTIES 8.1. EQUIPMENT WARRANTY. During the Warranty Period, Motorola warrants that the Equipment under normal use and service will be free from material defects in materials and workmanship. 8.2. MOTOROLA SOFTWARE WARRANTY. Unless otherwise stated in the Software License Agreement, during the Warranty Period, Motorola warrants the Motorola Software in accordance with the terms of the Software License Agreement and the provisions of this Section that are applicable to the Motorola Software. TO THE EXTENT, IF ANY, THAT THERE IS A SEPARATE LICENSE AGREEMENT PACKAGED WITH, OR PROVIDED ELECTRONICALLY WITH, A PARTICULAR PRODUCT THAT BECOMES EFFECTIVE ON AN ACT OF ACCEPTANCE BY THE END USER, THEN THAT AGREEMENT SUPERCEDES THIS SOFTWARE LICENSE AGREEMENT AS TO THE END USER OF EACH SUCH PRODUCT. 8.3. SERVICE WARRANTY. Motorola warrants that its services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the services are comp�eted. 8.4. EXCLUSIONS TO EQUIPMENT AND MOTOROLA SOFTWARE WARRANTIES. These ` warranties do not apply to: (i) defects or damage resulting from: use of the Equipment or Motorola Software in other than its normal, customary, and authorized manner;accident, liquids, neglect, or acts of God; testing, maintenance, disassembly, repair, installation, alteration, modification, or adjustment not provided or authorized in writing by Motorola; Customer's failure to comply with all applicable industry and OSHA standards; (ii)breakage of or damage to antennas unless caused directly by defects in material or workmanship; (iii) Equipment that has had the serial number removed or made illegible; (iv) batteries (because they carry their own separate limited warranty) or consumables; (v) freight costs to ship Equipment to the repair depot; (vi)scratches or other cosmetic damage to Equipment surfaces that does not affect the operation of the Equipment;and(vii) normal or customary wear and tear. 8.5. WARRANTY CLAIMS. To assert a warranty claim, Customer must notify Motorola in writing of the claim before the expiration of the Warranry Period. Upon receipt of this notice, Motorola will investigate the warranry claim. If this investigation confirms a valid warranty claim, Motorola will (at its option and at no additional charge to Customer) repair the defective Equipment or Motorola Software, replace it with the same or equivalent product, re-perform the non-conforming service, refund the price of the defective Equipment or Motorola Software or refund, on a prarata basis, the fees paid for the non- conforming service. That action will be the full extent of Motorola's liability for the warranty claim. If this investigation indicates the warranty claim is not valid,then Motorola may invoice Customer for responding to the claim on a time and materials basis using Motorola's then current labor rates. Repaired or replaced product is warranted for the balance of the original applicable warranty period. All replaced products or parts will become the property of Motorola. 8.6. ORIGINAL END USER IS COVERED. These express limited warranties are extended by Motorola to the Customer for commercial, industrial, or governmental use only, and are not assignable or transferable. �- Motorola.SUA 11.10-16-13.docx 4 Motorola Contract No.S00001022804