Agmt26 Ensight Technologies, LLC - PARCS System

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REV: 01-05-26 LR corrections as necessary so that the Programs conform to FLOWBIRD’s specifications, but FLOWBIRD shall not be required to provide new features or new versions of the Programs. In no event shall FLOWBIRD have any responsibility to correct any database errors or any errors or damage caused by or arising out of hardware defects or input errors or resulting from changes to or modifications of the Programs made by the Customer or any other user. Customer shall be responsible for the operation and maintenance of the Products purchased hereunder and shall promptly notify FLOWBIRD of any Program bugs, defects or other malfunctions, not easily correctable by Customer, that affect the transmission of data to or from the Products or that otherwise inhibit a key function of the Products. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 1, FLOWBIRD MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE PRODUCTS OR THE PROGRAMS. NO ADDITIONAL WARRANTIES MAY BE INFERRED FROM A COURSE OF DEALING OR USAGE OF TRADE. FLOWBIRD’S SOLE RESPONSIBILITY AND LIABILITY UNDER THESE TERMS & CONDITIONS SHALL BE TO REPAIR OR REPLACE, AT FLOWBIRD’S OPTION, A DEFECTIVE PRODUCT. WARRANTY LIMITATIONS THE GENERAL WARRANTY FOR (i) THE PRINTER COMPONENT OF ANY PAY STATION SHALL BE IMMEDIATELY VOIDED IF CUSTOMER USES RECEIPT PAPER THAT DOES NOT MEET SPECIFICATIONS PROVIDED BY FLOWBIRD, AND (ii) THE PAY STATION BATTERY SHALL BE ONE (1) YEAR FROM INSTALLATION OF THE PAY STATION. FLOWBIRD SHALL NOT PROVIDE WARRANTY COVERAGE FOR DAMAGE TO ANY PRODUCT DUE TO ACCIDENT, NEGLECT, MISUSE, ABUSE OR NATURAL DISASTERS. THE GENERAL WARRANTY DOES NOT INCLUDE LABOR OR REPAIR COSTS. THE GENERAL WARRANTY SHALL BE VOIDED BY (i) USE OF NON- FLOWBIRD REPLACEMENT PARTS; (ii) UNAUTHORIZED ADDITIONS TO THE PRODUCTS; (iii) UNAUTHORIZED ALTERATIONS TO THE PRODUCTS; (iv) SERVICE TO THE PAY STATIONS PERFORMED BY PERSONNEL WHO ARE NOT CERTIFIED BY FLOWBIRD TO PERFORM SUCH SERVICE; OR (v) FAILURE TO MAINTAIN THE PRODUCTS IN ACCORDANCE WITH THE MAINTENANCE REQUIREMENTS. Parts Exchange The Parts Exchange Program (the “PEP”) involves FLOWBIRD’s provision of certain replacement parts for the Covered Meters and parts exchange services with respect to the same. Program Enrollment Customer shall enroll all of its FLOWBIRD parking meters in the PEP (the “Covered Meters”). In the event that Customer has FLOWBIRD parking meters that are still under original warranty, such meters shall be enrolled in the PEP and become Covered Meters upon the expiration of the original warranty without further action by the Customer. ATTY/AGR.2026.001/EnSight Technologies (Parking Access and Revenue Control System (PARCS)) (Page 157 of 167)