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SMARTCOV=W <br />SYSTEMS <br />TURNING YOUR DATA INTO DECISIONS' <br />SECTION 6: ADDITIONAL TERMS & CONDITIONS, LIMITED WARRANTY <br />Mutual Hold Harmless <br />SCS hereby holds Customer harmless from any and all claims that may arise, or damages that <br />may result, to SCS or SCS staff during the performance of this contract. Customer hereby <br />holds harmless SCS, its founders, owners and staff, from any and all claims that may arise, of <br />any kind or from any cause whatsoever, due to or as a result of the installation, operation, or <br />use of the SmartCover®system. <br />Loss of Communications <br />Customer acknowledges that SCS is not responsible for the loss of wireless communication or <br />internet communications or any communications used in the operation of this system. <br />Advisory Only <br />The SmartCover® System is an advisory service only. As such, SCS and its founders, owners, <br />or staff are not responsible for any damage of any kind or from any cause whatsoever that may <br />result from, in relation to, in connection with, due to, or as a result of the installation or operation <br />of the system, including without limitation, equipment failure, or an � consequential damages <br />caused by, or resulting from, the use or installation of the SmartCover system. <br />Limited Warranty <br />The equipment components of the SmartCover® system are warranted free from material <br />defects of material and workmanship for a period of one year from the date of installation. <br />Unless otherwise stated, the SCS warranty herein is a parts -only warranty. <br />Should the Customer discover any condition that might invoke a warranty claim, they are to <br />expeditiously and without delay notify the SCS Technical Services group. <br />Upon notification, SCS will assess and instruct the user on follow-on actions. <br />Should a component fail as a result of a defect in material or workmanship, SCS will replace the <br />component or repair it at the SCS location. <br />For all valid warranty claims, as determined by SCS, reasonable freight charges to and from <br />Customer shall be paid by SCS. In all cases, SCS shall determine the shipping method and/or <br />carrier unless otherwise agreed to in writing by Customer and SCS. <br />Upon approval of a warranty failure by SCS, SCS will either repair or replace the defective <br />component at SCS' sole discretion. <br />THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER <br />WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED (INCLUDING ANY <br />WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR <br />PURPOSE). REPAIR OR REPLACEMENT IN THE MANNER PROVIDED ABOVE <br />SHALL BE THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY <br />AND SHALL CONSTITUTE FULFILLMENT OF ALL LIABILITIES OF SCS WITH <br />RESPECT TO THE QUALITY AND PERFORMANCE OF THE PRODUCTS. <br />THIS WARRANTY DOES NOT COVER DAMAGE OR REPAIRS OR <br />REPLACEMENTS BY ANY CAUSE BEYOND THE CONTROL OF SCS, INCLUDING <br />ACTS OF NATURE, IMPROPER USE, LACK OF PROPER MAINTENANCE OR <br />UNAUTHORIZED REPAIR. <br />REPLACEMENT AS PROVIDED UNDER THIS WARRANTY IS THE EXCLUSIVE <br />REMEDY. SCS SHALL NOT BE LIABLE FOR ANY ACTUAL, EXEMPLARY, <br />INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS <br />OF GOODWILL OR PROFITS AND/OR LOSSES FROM ANY CAUSE <br />WHATSOEVER, EVEN IF SCS HAS BEEN ADVISED OF THE POSSIBILITY OF <br />SUCH DAMAGE. <br />is <br />SmartCover SystemsTM 2067 Wineridge Place, Suite E, Escondido, CA, 92029 <br />760-291-1980 www.hadronex.com <br />Hadronex, Inc. is now doing business as SmartCover° SystemsTM <br />