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Item 15 - Agreements for Automated License Plate Recognition Camera Installation and Maintenance
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Item 15 - Agreements for Automated License Plate Recognition Camera Installation and Maintenance
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5/1/2025 3:18:20 PM
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5/1/2025 10:56:20 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Police
Item #
15
Date
5/6/2025
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8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER <br />8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded <br />Software (a "Defect"), Customer must notify Flock's technical support team. In the event of a <br />Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective <br />Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole <br />discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or <br />testing within a commercially reasonable time, but no longer than seven (7) business days after <br />Customer gives notice to Flock. <br />8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may <br />request a replacement of Flock Hardware at a fee according to the reinstall fee schedule <br />(https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to <br />replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that Flock is <br />not liable for any resulting impact to Flock service, nor shall Customer receive a refund for the <br />lost, damaged, or stolen Flock Hardware. <br />8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to <br />maintain the Services in a manner which minimizes errors and interruptions in the Services and <br />shall perform the Installation Services in a professional and workmanlike manner. Services may <br />be temporarily unavailable for scheduled maintenance or for unscheduled emergency <br />maintenance, either by Flock or by third -party providers, or because of other causes beyond <br />Flock's reasonable control, but Flock shall use reasonable efforts to provide advance notice in <br />writing or by e-mail of any scheduled service disruption. <br />8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER'S <br />SOLE REMEDY, AND FLOCK'S SOLE LIABILITY, WITH RESPECT TO DEFECTS. <br />FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR <br />ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT <br />MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET <br />FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED "AS IS" AND FLOCK <br />DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT <br />LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A <br />
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