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PSi Fleet Solutions * << Proposal for the City of Sunny Isles Beach RFP # 11 -12 -01 Fleet Wide Remote Management System 4. CUSTOMER SUPPORT AND TRAINING: The Company agrees to provide reasonable online installation and training support. Technical support is generally available Monday- Friday from 0830 to 1730 EST daily, except during Company holidays. Annual support fees will be accessed for Customers using passive technology or support needed above average levels as determined by the Company. 5. DISCLAIMER OF EQUIPMENT WARRANTY & LIMITATION OF LIABILITY.• COMPANY MAKES NO EXPRESS NOR IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY KIND. Some states do not allow limitations on warranties, so the above limitation may not apply. COMPANY IN NO CASE SHALL BE LIABLE FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, ATTORNEY FEES OR SIMILAR DAMAGES ARISING FROM ANY BREACH OF WARRANTY, EVEN IF COMPANY (OR ITS AGENTS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no case shall Company's liability exceed the price paid for the goods or services included on this invoice. COMPANY makes no expressed or implied warranty of network coverage or performance for "real- time" tracking units, and shall not be responsible for any subscription service fees or other service provider's provision of services. Equipment and services are warranted on a per device or service basis and based on the terms of the manufacturer warranty of no more than twelve (12) months from delivery in any case. Warranty covers the repair or replacement of device with a like device, at the Company's discretion, excluding labor and shipping and handling when determined to be the result of a manufacturing defect. A $35 bench testing fee will apply if equipment is found not to be faulty on receipt. Customer agrees to make vehicle or equipment available for troubleshooting by the Company's technical support personnel during technical support hours listed in paragraph (4) before returning equipment for repair or replacement. Customer agrees that replacement equipment will not be provided in advance of "malfunctioning" equipment being received by the Company and tested to confirm equipment is faulty and covered by warranty. Customer agrees that all expenses associated with troubleshooting and repair or replacement of equipment is the sole responsibility of the Customer unless agreed to in writing at the time of sale or as part of an extended service plan. Customer agrees to purchase replacement equipment at market value if equipment cannot be repaired and is not covered by warranty to continue subscription service during agreement period. The Company expressly disclaims any duty as an insurer of the equipment, is not responsible to repair or replace any equipment that is damaged through accident, abuse misuse, theft, fire, water, casualty, terrorism, negligent act of Customer or Customer's agents, or act of God. 6. INSTALLATION AND SERVICE WORK WARRANTY., Installation and service work provided directly by the Company includes a workmanship warranty for 60 days from the date of initial installation. The warranty covers defects in equipment and workmanship. Warranty work is to be performed at the original installation location. Travel to additional locations or outside identified working hours will result in additional fees based on the rates at the time of the warranty service. It is the Customers responsibility to make equipment and /or vehicle available during technical support hours listed in paragraph (4) at the Customer's expense. The Company is not responsible for lost wages, business or other Customer expenses incurred to perform warranty work. In the event the Company subcontracts installation or service work to a third party, the Customer agrees that the Company in no situation is liable for an amount greater than the amount paid for services provided by or through the Company and the Company has been paid in full for same services. The Company does not recommend third party installation and service providers and makes no expressed or implied warranty of a third party and is not liable for their actions, business practices or performance. 7. LIMITED RETURN POLICY. The following 10 -day limited return policy applies only to sale of new equipment. Equipment purchased as new and is returned as directed by the Company within 10 calendar days of order, found to be unused (not installed), in original condition, and in original packaging, will be accepted for return with a 15% restocking fee. Shipping and handling fees, installation, activation fees and pro -rated subscription service fees will not be refunded. All returns must be accompanied with a Return Manufacturer Authorization (RMA) issued in writing, eNotice (email) or by fax from the Company and written on the outside of the box and will not be accepted otherwise. 8. CREDIT CARD PAYMENTS Cardholder acknowledges the purchase of the goods and /or services in the amount of the total shown on the Hardware Order Form & Invoice or listed online. Cardholder WARRANTS [authorizes] that he /she is the cardholder or an authorized user of the card. Customer agrees to return all equipment in good working condition within 5 business days in the event a charge back and pay for shipping, handling, unit removal, restocking fees and early cancellation fees as listed in the Terms & Conditions. Failing to return equipment described will knowingly violate this Agreement and subject the Customer to legal action and payment in full. Cardholder agrees not to issue a charge -back against some or all the charges listed or for future invoices and will comply with the standard return policies as disclosed herein. Customer agrees to have credit card debited even though items ordered may not be available for an extended period and real -time coverage areas may vary. If a charge -back is ruled in the Companies favor, Page 22