ASSA ABLOY Global Solutions, Inc. EXHIBIT C EXTENDED WARRANTY PROGRAM IF PURCHASED BY PUCHASER 1. Limited Extended Warranty for Products. Any and all warranties set forth herein are null and void and of no effect whatsoever if Customer has failed to pay the entire purchase price for this Agreement or any Products or Services provided by ASSA ABLOY Global Solutions, Inc. (“AAGS”). Subject to the limitations contained in this Agreement and , AAGS warrants from the date the initial Limited Warranty of Products purchased expires conditioned upon payment of the Total Price specified in the Agreement upon the payment terms herein that for the period specified in the Extended Product Warranty (the “Warranty Period”) that Products will materially conform to the specifications set forth in AAGS’s published specifications in effect as of the date of shipment of the Product and be free from material defects or workmanship flaws. Use of keycards or any components that do not conform to AAGS’s specifications shall void the warranty for all Products. Third-party products sold or licensed by AAGS are only warranted to the extent provided by the original manufacturer’s warranty. It is Customer’s sole responsibility to make all warranty claims with third parties. All warranty claims related to AAGS’s Products and Services will be reviewed and determined in AAGS’s sole discretion. Customer’s failure to notify AAGS in writing of a defect within the Warranty Period shall be a waiver of Customer's right to have the malfunction or damage remedied. If a warranty claim is made within the Warranty Period by Customer and AAGS determines in its sole and absolute discretion that such claim(s) is valid, AAGS will (in its sole and absolute discretion) either repair, exchange or replace the Products if the Products so long as Customer follows the specified RMA authorization procedure which may include the return of such malfunctioning Product. This warranty is conditioned upon (a) the products being repaired or altered only by AAGS authorized personnel, (b) no unauthorized components having been incorporated into any Product, (c) no Force Majeure Event having occurred causing, in whole or in part, a failure of the Product (d) the Products being operated and maintained properly, (e) the Products having been originally installed only by AAGS authorized personnel and (f) all updates and upgrades communicated as being available from AAGS (i) have been incorporated into the Products and (ii) all charges, if any, for such updates or upgrades have been paid. To the extent and any warranties cannot be disclaimed, the implied warranties are limited to the Warranty Period. EXCEPT FOR THE WARRANTY SET FORTH IN THIS SECTION, AAGS MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING ANY (1) WARRANTY OF MERCHANTABILITY, (2) WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. Also specifically excluded from AAGS’s warranty is negligence, normal wear and tear from use, misuse, use of parts or components not approved by AAGS (including but not limited to keys and keycards), Force Majeure Events, repairs or alternations carried out by anyone other than AAGS authorized personnel, improper installation, operation and maintenance, vandalism or physical abuse, improper shipment of the Product, training services provided by AAGS, part or component by Customer, faulty or defective Product operation caused by unforeseeable or unusual use or condition, and fire or fire-fighting appliances and any other causes other than normal use. This limited warranty extends only to the original Customer of the Products. 2. Warranties included for Software and Service provided under this Agreement a. Limited Warranty for Software. FOR ALL SOFTWARE AND FIRMWARE PROVIDED UNDER THIS AGREEMENT UNLESS SPECIFICALLY AGREED TO IN WRITING BY AAGS, ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR MEETING CUSTOMER’S REQUIREMENTS, NONINFRINGEMENT OF ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, COMPATIBILITY OR INTEROPERABILITY WITH ANY HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY AAGS, SATISFACTORY QUALITY, OR FREEDOM FROM INTERRUPTION OR ERROR, ARE HEREBY DISCLAIMED AND EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. AAGS DISCLAIMS ANY WARRANTY, REPRESENTATION OR ASSURANCE THAT THE SOFTWARE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK. ANY SOFTWARE LICENSED OR PROVIDED ARE FURNISHED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. b. Limited Warranty for Onsite Services. AAGS warrants that any Onsite Services provided hereunder shall be performed in a professional and workmanlike manner in accordance with generally accepted industry practices. This warranty is valid for a period of ten (10) days from performance. This limited warranty extends only to the original Customer of the Services. 3. Warranty Repairs. AAGS shall not be required to perform any warranty repairs of the Products at a specific Site. Customer shall be responsible for removing and reinstalling all the parts or components of the Products returned to AAGS for repair under the applicable warranty. 4. Shipping. ASSA ABLOY Global Solutions, Inc. ships RMAs covered under this contract via UPS Ground at no expense to the Customer. Return of equipment is shipped at Customer’s expense. email: [email protected] web: www.assaabloyglobalsolutions.com 20
