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SH23-027 Flock Safety Exhibit A
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SH23-027 Flock Safety Exhibit A
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Last modified
2/13/2025 12:08:37 PM
Creation date
2/13/2025 12:05:35 PM
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Meeting
Date
2/18/2025
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Item
Request to Acknowledge a Contract between Kittitas County and Flock Group, Inc., for Adding Flock Cameras and the Data-Sharing Capabilities of this System in Kittitas County
Order
3
Placement
Consent Agenda
Row ID
127511
Type
Contract
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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 (1) Flock <br />Services will be materially affected, and (2) that Flock shall have no liability to Customer <br />regarding such affected Flock Services, nor shall Customer receive a refund for the lost, <br />damaged, or stolen Flock Hardware. However, notwithstanding any other provision of this <br />section 8.2, if Flock Hardware is lost, stolen, or damaged due to the acts or omissions of Flock, <br />then Flock with replace such hardware in a timely manner at Flock's sole expense. <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 />
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