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Addendum #6
<br />Supplemental Terms for Hardware
<br />Version 1.0 (Lost Updated: April 3, 2023)
<br />Capitalized terms not defined herein have the meanings given in the General Terms.
<br />1. Delivery. Delivery times for Hardware are established when an Order is received and accepted by Trimble. Trimble will use
<br />commercially reasonable efforts to meet Customer's requested delivery dates, unless Customer is in default under the
<br />Agreement or Trimble's performance is otherwise excused (e.g,, force majeure, etc.). Late delivery is not a basis for
<br />Customer's cancellation of any Order.
<br />Title and risk of loss or damage to the Hardware will pass to Customer upon delivery to Trimble's shipping carrier.. Trimble
<br />will deliver any shipment FCA (Incoterms 2020) from its warehouse. Customer will pay or reimburse Trimble for all costs of
<br />carriage, freight, insurance (if applicable), taxes, duty and other related shipping charges. Trimble may fulfill its delivery
<br />obligations for Hardware through an Affiliate and/or authorized reseller. Trimble reserves the right to make partial deliveries.
<br />2. Acceptance, Inspection, Notice of Nonconformance. All Hardware will be deemed accepted by Customer upon delivery to
<br />Trimble's shipping carrier, subject to Customer's right to inspect and reject damaged Hardware or Hardware that do not
<br />conform to the Order within 10 days of delivery. It Is Customer's responsibility to give Trimble prompt written notice of
<br />Identified damage or non-conformance to the Order. If Customer retains the Hardware without giving notice within the
<br />designated period, it will be deemed to waive its right of rejection. The foregoing will not, however, prejudice Customer's
<br />warranty remedies as described in the applicable Hardware Terms.
<br />3. Limited Warranty. Unless the Hardware comes with a limited warranty that provides otherwise, Trimble warrants to
<br />Customer, and only to Customer, that the Hardware is designed and manufactured to conform in all material respects to
<br />Trimble's specifications and all parts are and will be free from defects in material and workmanship for a period of twelve
<br />(12) months from date of shipment. During the warranty period, Trimble's obligations In Section 7 (Sole Remedy; Warranty
<br />Procedure) are Customer's only and exclusive remedy for Hardware that Trimble reasonably determines does not meet the
<br />limited warranty, and is made subject to these Hardware Terms.
<br />Firmware. Trimble hereby grants Customer a personal, non-exclusive, revocable, non -assignable right to access and use
<br />firmware solely as necessary to use the Hardware in accordance with the Documentation. During the limited warranty
<br />period, Customer will be entitled to receive such Fixes (as defined below) to the firmware that Trimble releases and makes
<br />commercially available and for which it does not charge separately, subject to the procedures for delivery to purchasers of
<br />Trimble products generally. Minor Updates (as defined below), Major Upgrades (as defined below), new products, or
<br />substantially new software releases, as identified by Trimble, are expressly excluded from this fix process and limited
<br />warranty. Receipt of software fixes will not serve to extend the limited warranty period. "Fix(es)" means an error correction
<br />or other update created to fix a previous software version that does not substantially conform to its Trimble specifications;
<br />"Minor Update" occurs when enhancements are made to current features in software; and "Major Upgrade" occurs when
<br />significant new features are added to software, or when a new product containing new features replaces the further
<br />development of a current product line. Trimble reserves the right to determine, in its sole discretion, what constitutes a Fix,
<br />Minor Update, Major Upgrade, new products, or substantially new software releases.
<br />Non -Trimble Manufactured Products. Trimble will extend to Customer the manufacturer's warranty, if any, for all
<br />equipment and/or software products manufactured by another manufacturer and furnished by Trimble to Customer under
<br />such other manufacturer's brands. Customer acknowledges and agrees that Trimble shall not be responsible for separately
<br />warranting or supporting the equipment or software products of such other manufacturers.
<br />Warranty Exclusions. The foregoing Hardware limited warranty will only apply In the event and to the extent that (a) the
<br />Hardware is properly and correctly installed, configured, interfaced, maintained, stored, and operated in accordance with
<br />the Documentation, and (b) the Hardware is not modified or misused. This limited warranty does not apply to, and Trimble
<br />shall not be responsible for defects or performance problems resulting from (i) the combination or use of the Hardware with
<br />hardware or software products, information, data, systems, interfaces or devices not made, supplied or specified by Trimble;
<br />(ii) the operation of the Hardware under any specification other than, or in addition to, the Documentation; (III) the
<br />unauthorized Installation, modification, repair or use of the Hardware; (iv) damage caused by accident, lightning or other
<br />electrical discharge, fresh or salt water immersion or spray (outside Hardware specifications), or exposure to environmental
<br />conditions for which the Hardware is not intended; (v) normal wear and tear on consumable parts (e.g., batteries) or (vi)
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