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Kapsch TrafficCom USA, Inc. K�7,05Cf7 >>> <br />City of Santa Ana <br />July 17, 2014 <br />Page 3 of 5 <br />Products supplied but not manufactured by Kapsch shall be subject only to the warranty <br />extended by the original manufacturer. <br />THE WARRANTIES SET FORTH IN THIS PROVISION ARE EXCLUSIVE AND IN LIEU <br />OF ALL OTHER WARRANTIES WHETHER STATUTORY, EXPRESS OR, IMPLIED <br />(INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR <br />PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF <br />DEALING OR USAGE OR TRADE), EXCEPT OF TITLE AND AGAINST PATENT <br />INFRINGEMENT. <br />Maintenance and Service Requests <br />a) All maintenance and service requests shall be documented by the Client (i.e. fax, <br />memo, etc.) for future reference and administrative purposes. All maintenance and <br />service requests shall be acknowledged in writing by Kapsch, including diagnosis <br />and corrective actions taken. <br />b) All on -site services provided will be documented on field service reports which will be <br />submitted to the Client daily as services are provided. <br />Standard Scheduling and Availability <br />a) Kapsch personnel will be generally available during normal working hours, 8:00am - <br />5:00pm, Monday through Friday. Scheduling of maintenance and service work will be <br />based upon current personnel schedules and availability (i.e. at the time of any given <br />request), and the priority of the request. Priorities for maintenance and service <br />requests will be determined on a case -by -case basis. <br />b) Kapsch personnel will also be available for on -call telephone consulting and <br />troubleshooting services, outside the normal work schedule defined above. <br />Accepted: $20,000 <br />Miscellaneous Professional and Support Services <br />c) Additional services and /or materials provided on request will be billed at our <br />published Professional and Support Services rates on a Not to Exceed (NTE) basis. <br />Accepted: NTE $25,000 <br />Resident Maintenance and Service Personnel <br />a) One resident Kapsch Service Engineer will be assigned on a full -time basis to <br />perform preventative and corrective maintenance on -site during normal working <br />hours based upon an 8- hour /day, 40- hour /week schedule. The starting time of daily <br />shifts will be in accordance with normal Client maintenance personnel. <br />Accepted: $ Not included <br />Kapsch Tra@ICCom USA, Inc. 14256 Hacienda Drive, Suite 100 1 Pleasanton, CA 94588 Phone: (925) 225 -1600 1 Fax: (925) 225 -1610 1 wl Aapsch.corh <br />25Q -12 <br />