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FLOCK GROUP, INC.
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FLOCK GROUP, INC.
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Last modified
5/27/2025 10:49:17 AM
Creation date
5/27/2025 10:48:21 AM
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Contracts
Company Name
FLOCK GROUP, INC.
Contract #
A-2025-059
Agency
Police
Council Approval Date
5/6/2025
Expiration Date
5/5/2028
Insurance Exp Date
1/1/1900
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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 /> (hops://www.flocksafeiy.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 minimises 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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