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Page 29 of 36 June 16, 2022 Project B26030-000 185.683.001 Redwood City Public Library Downtown Branch “Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal.” WARRANTY Seller warrants that (a) the Equipment shall be free from all liens, charges or encumbrances, except any lien of the Seller in respect of any unpaid portion of the Purchase Price; (b) the Equipment shall be free from defects in material and workmanship and shall conform to the provisions and specifications of the Agreement; and (c) the Equipment shall be new and of a quality consistent with the Seller's usual and normal production. Seller shall, at its option, repair or replace (replacement parts to be shipped F.O.B. Seller's factory) any defective Equipment or component thereof, provided, however, that Seller is given written notice of any defect during the warranty period. Unless otherwise stated in the Proposal, the warranty period shall commence on the date on which Seller tenders the Equipment to Buyer for commercial use and shall terminate one year thereafter. Buyer shall give Seller prompt written notice of any claim under the foregoing Warranty and permit Seller to inspect the Equipment to verify the defect or nonconformity. Failure of Buyer to give Seller such notice and opportunity to inspect shall relieve Seller of all obligations with respect to such claims. Buyer's remedies and Seller's obligations in connection with any claim made under this warranty shall be limited to repair or, at Seller's option, replacement of the Equipment or part thereof which is found to be defective. Labor performed at the Worksite regarding warranty claims is not included in this warranty. Buyer shall be responsible for the normal maintenance and repair of the Equipment and shall perform the same in accordance with generally accepted maintenance procedures or such other procedures as are set forth in maintenance and repair manuals provided by Seller to Buyer. Seller shall not be responsible for and shall not be obligated to pay or to reimburse Buyer for (a) any Equipment or repairs performed on the Equipment by third parties except for mutually agreed subcontractors; (b) any materials furnished by third parties for use in connection with the Equipment if the same was undertaken or furnished without mutual prior written consent; or (c) any loss or damage arising from improper operation, maintenance of the Equipment or ordinary wear and tear. This warranty does not apply to any Equipment components or software not manufactured by Seller, and Buyer's sole warranty with respect to such items shall be that of the manufacturer. The foregoing warranties shall be Buyer’s sole and exclusive remedy. THIS WARRANTY COMPRISES THE SOLE AND ENTIRE WARRANTY PERTAINING TO THE WORK SOLD BY SELLER, AND SELLER MAKES NO OTHER WARRANTY, GUARANTEE, OR REPRESENTATION OF ANY KIND WHATSOEVER PERTAINING TO THE SYSTEM. ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, WHETHER EXPRESS, IMPLIED, OR ARISING BY OPERATION OF LAW, TRADE USAGE OR COURSE OF DEALING, ARE HEREBY EXPRESSLY DISCLAIMED BY SELLER. Further Service Agreements can be supplied and quoted upon request. System issues deemed not mechanical or software related (i.e.: vandalism, damage due to neglect, or unauthorized modifications) will be subject to a service charge TBD.