Agmt26 Ensight Technologies, LLC - PARCS System

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REV: 01-05-26 LR Term Meter enrollment in the PEP shall remain in effect for a minimum of one (1) year from the Effective Date (“Initial Term”). Following the Initial Term, all Covered Meters shall remain enrolled in the PEP on a month-to-month basis. Return of Parts The Customer is responsible for delivering to FLOWBIRD, at Customer’s sole cost and expense, all parts being tendered for exchange under the PEP. Customer shall ship such parts with reputable shipping companies and/or delivery services, and shall bear the risk of loss and damage of such parts until such parts are delivered to FLOWBIRD. DISCLAIMER OF ADDITIONAL WARRANTIES EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, 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 ANY REPLACEMENT PART PROVIDED HEREUNDER. IN ADDITION, EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, NO ADDITIONAL WARRANTIES MAY BE INFERRED FROM A COURSE OF DEALING OR USAGE OF TRADE. FLOWBIRD’S SOLE RESPONSIBILITY AND LIABILITY UNDER THIS AGREEMENT SHALL BE TO REPAIR OR REPLACE, AT FLOWBIRD’S OPTION, A DEFECTIVE PRODUCT. Removal and Installation of Replacement Parts The Customer is responsible for removing any parts requiring replacements from a Covered Meter, packing and delivering such part to FLOWBIRD without further damage, and re-installing the replacement part furnished by FLOWBIRD pursuant to the PEP. The Customer shall perform such removal and re-installation of parts in a good and workmanlike manner, and in a manner that adheres with any technical documentation or instructions with respect to such tasks that may be provided by FLOWBIRD from time to time. Exclusions The PEP is intended to provide replacement parts for Covered Meters that are subject to parts failure (whether due to design defect or ordinary wear and tear) connected with the ordinary and intended use of the Covered Meters. The PEP is not intended to replace parts that become damaged by extraordinary events which, in many cases, would or could be covered by commercial insurance policies. The following items, services, parts and conditions are not covered under the PEP, unless noted: Labor Travel expenses Expedited shipping costs Batteries – Covered under the first-year warranty, but not the PEP Shipping costs of return parts to Flowbird Any damaged, vandalized or incomplete part Any improperly maintained part Any malfunction caused by weather or acts of God ATTY/AGR.2026.001/EnSight Technologies (Parking Access and Revenue Control System (PARCS)) (Page 158 of 167)