|
Addendum#6
<br /> Supplemental Terms for Hardware
<br /> Version 1.0(Last Updated:April3,2023)
<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 passto 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 parfial 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 /> 4. 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 /> 5. 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 /> 6. 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 fordefects 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 orspecified 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;(lv)damage caused by accident,lightning or other
<br /> electrical discharge,fresh or salt water immersion orspray(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(vl)
<br />
|