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8G Consent 2015 0518
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8G Consent 2015 0518
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Last modified
6/5/2019 9:24:13 AM
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5/13/2015 9:27:23 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
5/18/2015
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_CCAgenda 2015 0518 CS+RG
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Path:
\City Clerk\City Council\Agenda Packets\2015\Packet 2015 0518
Reso 2015-093
(Reference)
Path:
\City Clerk\City Council\Resolutions\2015
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i) ELOCK provides no warranty for damage caused by conditions beyond its control including but not <br />. limited to flooding, earthquakes, or other acts of God. <br />j) ELOCK provides no warranty for performance of existing locker components for lockers that are <br />retrofitted with retrofit or upgrade products supplied by ELOCK. <br />k) Any OWNER requested modifications to the software will void the warranty on software provided <br />in paragraph 3 above. <br />1) THIS LIMITED WARRANTY IS THE ONLY WARRANTY ELOCK MAKES FOR THE PRODUCT AND <br />SOFTWARE. TO THE EXTENT ALLOWED BY LAW, NO OTHER WARRANTY APPLIES, WHETHER <br />EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS <br />FOR A PARTICULAR PURPOSE. <br />9) Exclusions: <br />a) Post -installation service. <br />b) Post -installation maintenance. <br />c) Battery cells. <br />d) eLocker Administrative and Access Devices. <br />e) Replacement or repair of components damaged by vandalism, including but not limited to finishes, <br />electronic, software, and locker components. <br />f) Replacement or repair of components damaged by actions of OWNER or its agents, including but <br />not limited to power -washing. <br />g) Custom software or modifications. <br />h) Service of non-ELOCK components or replacement of non-ELOCK parts on existing lockers which <br />have been retrofitted to use the eLocker electronic controller. <br />10) Jurisdiction. This Limited Warranty will be covered by and construed in accordance with the laws of the <br />State of California, United States (excluding conflicts of laws rules), and shall inure to the benefit of <br />ELOCK and its successor, assignees and legal representatives. <br />11) Severability. If any provision of this Limited Warranty is held by a court of competent jurisdiction to be <br />invalid or unenforceable to any extent under applicable law, that provision will be enforced to the <br />maximum extent permissible and the remaining provisions of this Limited Warranty will remain in full <br />force and effect. <br />12) .Entire Agreement. This Limited Product Warranty contains the entire agreement of the parties with <br />respect to the matters set forth herein. <br />13) Notices. Any notices or other communications to be sent to ELOCK must be mailed by certified mail to <br />the following address: <br />eLock Technologies, LLC <br />800 Heinz Avenue, Suite 11 <br />Berkeley, CA 94710 <br />U.S.A. <br />Page 3 of 3 <br />
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