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N-2019-031 <br />TRFINSCEND S10438-3027 <br />TS CT i e AL saies0transcendrobotics.com <br />FEB 2 ZQ1% Transcend Tactical Vantage"' <br />O: SAPID (j) Terms, Conditions and Warranty Information <br />Fiscal <br />(Gnr!L ) Limited Warranty <br />r In exchange for monies tendered and upon the execution of this Agreement by Customer, Transcend <br />Robotics, Inc„ DBA Transcend Tactical, ("Transcend") warrants' Its Vantage'' robot and related <br />accessories (Products) to be free of defects in material and workmanship for one year from the date of <br />delivery to Customer. Customer must report any claimed defect by phone at 510.338.3027, or by <br />email at support a transrendtactical.com. Transcend, in consultation with AndylVark, Inc. (the <br />manufacturing partner) will determine whether such repairs can be performed by parts supplied by <br />manufacturer at no cost to the Customer or whether the Vantage robot will need to be returned to the <br />manufacturer for repair or replacement at manufacturer's sole discretion. Replacement may be made <br />with a robot in a similar or better state of use. If a return for repair is determined necessary, the <br />customer will be responsible for shipping costs to the manufacturer and manufacturer will be <br />responsible for return shipping costs. Each party will ensure that the shipment is fully insured In case of <br />damage during shipment. <br />Warrant Exclusions/Limitations <br />Transcend Is not liable under the warranty set forth above to the extent a defect or failure is caused <br />by: (i) repair, alteration or modification of the Products by persons other than Transcend or its <br />designee without Transcend's prior approval, (ii) use beyond the intended design or normal operating <br />hours, or damage or defects caused by negligence, accident, abuse, misuse, Improper or other <br />abnormal usage, (iii) normal wear and tear, or (iv) Customer's failure to properly store, install, operate <br />or maintain the Products in accordance with good industry practices or the recommendations or <br />instructions of Transcend. <br />TRANSCEND MAKES NO OTHER WARRANTY OF ANY KIND WITH RESPECT TO THE PRODUCTS. ALL <br />OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY <br />AGAINST INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A <br />PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. <br />Limitation of Liability <br />Transcend shall in no event be liable for any consequential, Incidental, Indirect, special or punitive <br />damages arising out of this Agreement, or out of any breach of its obligations hereunder, or out of any <br />defect in, or failure of, or malfunction of the Products, including but not limited to, claims based upon <br />personal injury or death, loss of use, lost profits or revenue, Interest, lost goodwill, work stoppage, <br />Impairment of other equipment, environmental damage, loss by reasons of shutdown or non- <br />operation, Increased expenses of operations, cost of purchase of replacement equipment or claims of <br />Customeror any other party for service interruption whether or not such loss or damage Is based on <br />contract, tort (including negligence and strict liability) or otherwise provided, however, the foregoing <br />shall not apply in the event any such Loss was a direct result of Transcend's gross negligence or willful <br />misconduct. <br />as <br />510-338-3027 1 sales§transcendrobotics,com 16050 Lowell Street. #260 Oakland, CA 94608 <br />