Reso 2018-2806 - Laserfiche WebLink

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Miami-Dade County,FL J BW9872-1/20 substantially as described in Licensor's then current Documentation for such Software for a period of one year from the date of acceptance. c) Limitations. Notwithstanding the warranty provisions set forth in Article 9 b above, all of Licensor's obligations with respect to such warranties shall be contingent on County's use of the Software in accordance with this Agreement and in accordance with Licensor's instructions as provided to the County in the Documentation, as such instructions may be amended, supplemented, or modified by the Licensor from time to time.The Licensor shall have no warranty obligations with respect to any failures of the Software which are the result of accident, abuse, misapplication, or extreme power surge. d) Licensor's Sole Remedy. The Licensor's entire liability and the County's exclusive remedy shall be, at the County's option, either (a) return of the price paid or (b) repair or replacement of the Software; provided the Licensor receives written notice from the County during the warranty period of a breach of warranty. Any replacement Software will be warranted for the remainder of the original warranty period or ninety (90) days, whichever is longer. e) Controllers, Autoscope Video Detection. Contractor warrants the products listed to the original Purchasing agency(Purchaser)for a period of three(3)years from date shipment, to be free from defects in material.or workmanship and to be of the kind and quality designated or specified in the contract. In the event Contractor installs the equipment or supplies technical direction or installation by contract, the warranty period shall run from the completion of installation, provided same is not unreasonably delayed by the County. Contractor is not responsible for damage caused by negligence, acts of God, or use of equipment in a manner not originally intended. If the equipment delivered hereunder does not meet the above warranty, and if the County promptly notifies Contractor, Contractor shall thereupon correct any defect, including non-conformance with specifications, either(at its option) by repairing any defective or damaged parts of the equipment or by making available at Contractor's plant necessary repaired or replacement parts. The liability of Contractor under this warranty, for any loss or damage to the equipment whether the claim is based on contract or negligence, shall not in any case exceed the cost of correcting defects in the equipment as herein provided and, upon the expiration of the warranty period, all such liability shall terminate. The foregoing shall constitute the exclusive remedy of the County and the exclusive liability of Contractor. THE EXPRESS WARRANTY SET FORTH IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY CONTRACTOR. CONTRACTOR MAKES AND THE COUNTY RECEIVES NO OTHER EXPRESS WARRANTY AND NO IMPLIED WARRANTIES. ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. THE STATED EXPRESS WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF CONTRACTOR FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE, DELIVERY, OPERATION OR USE OF THE GOODS. The warranties set forth herein shall be void if the goods have been (1) repaired or altered outside of Contractor's facilities, (2) subjected to misuse, negligence, accident, or operated in other than normal and proper use and service, or(3)connected, installed or Page 5 of 57