Res 2008-051 - Laserfiche WebLink

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(b) SOFTWARE that is not the then-current release or immediately previous release (c) SOFTWARE problems caused by Customer's or End-User's negligence, abuse or misapplication, use of SOFTWARE other than as specified in the Eka Systems' user manual or other causes beyond the control of Eka Systems or, (d) SOFTWARE installed on any Computer Hardware that is not supported by Eka Systems. 7. WARRANTY I) Any claim against Eka must be made within two (2) years from the date of installation of the last installed Eka-enabled electric meter; for water and gas products, any claim against Eka must be made within twenty (20) years from date of System acceptance, with a ten (10) year full replacement warranty and a prorated replacement warranty as set forth in the schedule below for prorated years 11-20, after which Eka has no liability. Eka's liability is limited to repair or replacement of the defective product or credit or refund of the purchase price of the defective product, provided that Eka may elect refund in lieu of credit, replacement or repair. Allegedly nonconforming product shall be returned as provided herein to Eka, transportation charges prepaid. All warranties cover only defects arising under normal use in compliance with Eka's specifications and do not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, modification, or improper installation, or repairs by anyone other than Eka. No agent, employee or representative of Eka has any authority to bind Eka to any affirmation, representation or warranty relating the products other than as specifically provided herein. .Year Proration 11 50% 12 40% 13 35% 14 30% 15 25% 16 20% 17 15% 18 10% 19 5% 20 0% 2) Eka Systems makes no warranties, expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, other warranties that might arise from course of dealing or custom of trade other than that Eka warrants only that the product complies with Eka's specification sheet for the product at the time of delivery, provided that deviations from specifications which do not materially affect performance of such product in the system and configuration in or for which it is initially installed or qualified by Customer shall not be deemed to constitute failure to comply with such specifications or such warranty. 3) The warranty provided for herein is subject to the following conditions: (a) if product becomes defective during the warranty period, Customer shall notify Eka promptly in writing of any claims as stated in the Section titled REMEDY FOR NONCONFORMING GOODS below; (b) if Eka advises Customer to return product for repair or replacement, Customer will follow Eka's instructions with respect to the return of such product; (c) if product alleged by Customer to be defective or returned to Eka for repair as provided in this section is either (i) not under warranty, or (ii) determined not to be defective, or (iii) defective due to any cause or condition not Advanced Metering Infrastructure Agreement Page 32