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<br /> • Parking Fees:Cost associated with parking is not included and will incur additional charges if required during the
<br /> installation.
<br /> • Securing Material on Site:Cost associated with securing material on site is not included and will incur additional
<br /> charges if adequate secured storage is not provided by the Customer.
<br /> • Trash Receptacles:This proposal is based upon utilizing onsite trash receptacles for removal of trash debris.
<br /> Additional charges will apply if trash receptacles are not made available.
<br /> • Temporary Power or Sanitary Facilities:These are not included and additional charges will apply if required.
<br /> • Insurance Endorsements: GigaKOM has several blanket endorsements included in its insurance policies. If
<br /> separate endorsements are required,additional charges may apply.
<br /> • Missed Appointments or Site Not Ready:A$250 fee will be billed to the client for missed appointments or if the
<br /> site is not ready for installation.
<br /> • Onsite Installation: GigaKOM plans installations efficiently, with a specified number of Customer visits.
<br /> Additional visits beyond the planned number,due to Customer issues,will incur extra charges.
<br /> Equipment Warranty
<br /> Company warrants that the Equipment shall be free from defects in materials and workmanship for 90 days from the date
<br /> the Equipment is delivered.The foregoing warranty shall not apply to any Equipment which is not stored,handled,installed,
<br /> or used by persons other than Company personnel in strict accordance with manufacturer or Company specifications and
<br /> instruction manuals, or which is altered without Company's express consent, or which has been subject to misuse,
<br /> negligence, or accident. Company's sole obligation shall be to replace or repair defective Equipment covered by this
<br /> warranty provided that Customer notifies Company of such defect in writing within the 90-day warranty period set forth
<br /> above.Unless Company provides prior written authorization,any attempt by Customer,or its agents,to correct the defect
<br /> shall nullify Company's obligation to repair or replace the Equipment.Customer hereby agrees that the replacement or repair
<br /> of defective Equipment shall be Customers sole remedy in the event of a breach of warranty and shall be in lieu of any other
<br /> remedy. Except as expressly set forth in this Paragraph,Company makes no warranties relating to the Equipment,whether
<br /> express,implied,or arising by operation of law(including,without limitation,the warranty of merchantability or fitness for
<br /> a particular purpose). Customer's recourse for Company allegedly breaching any warranty is contingent upon Customer
<br /> paying all amounts due and payable in full to Company,
<br /> Services Warranty
<br /> Company warrants that all Services shall be performed in a workmanlike manner and in conformance with generally
<br /> accepted industry standards prevailing at the time the Services are performed.Any liability of Company with respect to the
<br /> performance of Services under any Estimate or under any warranty,negligence,strict liability or other theory will be limited
<br /> exclusively to product replacement so long as the replacement product provides substantially the same or better
<br /> functionality as required by the Estimate; provided, however, if, in Company's opinion, replacement is inadequate as a
<br /> remedy or impractical,to a refund of the fees paid to Company for the particular Services which do not conform to the
<br /> warranty set forth in this Paragraph.Except as expressly set forth in this Paragraph,Company makes no warranties relating
<br /> to the Services, whether express, implied, or arising by operation of law (including, without limitation, the warranty of
<br /> merchantability or fitness for a particular purpose). Customer's recourse for Company allegedly breaching any warranty is
<br /> contingent upon Customer paying all amounts due and payable in full to Company.
<br /> RMA and Retums
<br /> Return Merchandise Authorization(RMA)and Returns
<br /> • All sales are final. Exceptions may be considered at Company's discretion if a return request is submitted to
<br /> GigaKOM within 20 days of the order confirmation.
<br /> • A 25%restocking fee will be charged for all approved returned items underthe Return Merchandise Authorization
<br /> (RMA).
<br /> Limitation of Liability
<br /> Customer waives any right of recovery against Company and shall not hold Company liable or responsible to Customer for
<br /> any claims,demands,actions,liabilities,losses,costs or expenses(including,without limitation,attorneys'fees or costs)
<br /> by or due to third parties("Claims")suffered by Customer,directly or indirectly relating to or arising from the purchase or
<br /> use of the Equipment or any Services provided by Company,except to the extent Company is adjudicated to be actively
<br /> negligent in connection therewith. IN NO EVENT SHALL COMPANY BE LIABLE FOR COLLATERAL, CONSEQUENTIAL,
<br /> INDIRECT OR INCIDENTAL DAMAGES(INCLUDING,WITHOUT LIMITATION,DAMAGES FOR PROPERTY LOSS, PHYSICAL
<br /> INJURY OR DEATH, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION),
<br /> HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE
<br /> EQUIPMENT PURCHASED AND/OR INSTALLED OR ANY OTHER SERVICE PROVIDED PURSUANT TO ANY ESTIMATE,EVEN
<br /> IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN ADDITION,IN NO EVENTSHALL COMPANY
<br /> BE LIABLE WITH RESPECT TO (A)ANY EQUIPMENT PURCHASED AND INSTALLED, FOR ANY AMOUNTS IN EXCESS OF
<br /> THE AMOUNTS ACTUALLY PAID BY CUSTOMER TO COMPANY FOR SUCH EQUIPMENT AND(B)WITH RESPECT TO ANY
<br /> SERVICES, FOR ANY AMOUNTS IN EXCESS OF AMOUNTS ACTUALLY PAID BY CUSTOMER TO COMPANY FOR SUCH
<br /> SERVICES (AND WITH RESPECT TO ANY LIABILITY FOR ANNUAL MAINTENANCE SERVICES, COMPANY'S LIABILITY
<br /> SHALL NOT EXCEED THE ANNUAL MAINTENANCE FEE ACTUALLY PAID TO COMPANY FOR THE YEAR IN WHICH SUCH
<br /> LIABILITY AROSE).The limitations set forth herein shall survive anytermination or cancellation of the Services or Equipment
<br /> order by Customer.
<br /> HQ:9245 Activity Road,Suite 105 1 San Diego,CA 92126 1 Phone:858-769.5408 1 Fax: 858-565-2453
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