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Agmt 2015 eLock Technologies LLC
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Agmt 2015 eLock Technologies LLC
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Last modified
5/20/2015 3:30:59 PM
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5/20/2015 3:30:57 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
5/18/2015
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PERM
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Reso 2015-093
(Approved by)
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\City Clerk\City Council\Resolutions\2015
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eLoc k <br /> TECHNOLOGIES LLC ,f <br /> 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 /> I) 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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