Laserfiche WebLink
6.E. - Page 211 of 272 <br />619-229-8319 <br />n[ I g h t info@ensight-technotogies.com <br />T E C H N Q L D G 1 E 5 v"m.ensight-technologles.com <br />1 1955 Cordell Court Suite 104, San Diego, Ca 92020 <br />A. Hardware Warranty. ENSIGHT hereby warrants that the Hardware installed by ENSIGHT will materially conform <br />to the applicable SOW. The Warranty Remedy Period for Hardware shall twenty-four (24) months from <br />delivery of equipment to the site <br />B. Professional Services Warranty. ENSIGHT hereby warrants that all Professional Services will be performed in a <br />professional and workmanlike manner and will materially conform to the applicable Statement of Work. The <br />Warranty Remedy Period for Professional Services shall end ninety (90) days after the date of completion of <br />Professional Services by Phase <br />C. Hardware and Services Remedy. If a nonconformity to the foregoing warranty is discovered in the Hardware or <br />Professional Services during the applicable Warranty Remedy Period, as specified above, under normal and <br />proper use and provided the Hardware has been properly stored, installed, operated and maintained and <br />written notice of such nonconformity is provided to ENSIGHT promptly after such discovery and within the <br />applicable Warranty Remedy Period, ENSIGHT shall, at its option, either (i) repair or replace the nonconforming <br />portion of the Hardware or re -perform the nonconforming Professional Services or (ii) refund the portion of <br />the price applicable to the nonconforming portion of Hardware or Professional Services. If any portion of the <br />Hardware or Professional Services so repaired, replaced or re -performed fails to conform to the foregoing <br />warranty, and written notice of such nonconformity is provided to ENSIGHT promptly after discovery and <br />within the original Warranty Remedy Period applicable to such Hardware or Professional Services or 30 days <br />from completion of such repair, replacement or re -performance, whichever is later, ENSIGHT will repair or <br />replace such nonconforming Hardware or re -perform the nonconforming Professional Services. The original <br />Warranty Remedy Period shall not otherwise be extended. <br />D. Exceptions. ENSIGHT shall have no obligation hereunder with respect to any Hardware which (i) has been <br />improperly stored, repaired or altered; (ii) has been subjected to misuse, negligence or accident; (iii) has been <br />used in a manner contrary to ENSIGHT's instructions; or (iv) is comprised of materials provided by or a design <br />specified by Customer. Hardware supplied by ENSIGHT but manufactured by others is warranted only to the <br />extent of the manufacturer's warranty, and only the remedies, if any, provided by the manufacturer will be <br />allowed. <br />E. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF QUALITY AND <br />PERFORMANCE, WHETHER WRITTEN, ORAL OR IMPLIED, AND ALL OTHER WARRANTIES INCLUDING ANY <br />IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT <br />OR USAGE OF TRADE ARE HEREBY DISCLAIMED. THE REMEDIES STATED HEREIN CONSTITUTE CUSTOMER'S <br />EXCLUSIVE REMEDIES AND ENSIGHT'S ENTIRE LIABILITY FOR ANY BREACH OF WARRANTY. WITHOUT LIMITING <br />THE GENERALITY OF THE FOREGOING, ENSIGHT SPECIFICALLY DOES NOT WARRANT THAT THE SOFTWARE OR <br />204 <br />365 <br />