DISCLAIMER – EQUIPMENT.
For clarity, Customer acknowledges and agrees that any hardware (e.g., sensors) that Construction Connectivity has procured on behalf of Customer from its vendor and/or manufacturer (the “Equipment”) in connection with the license and use of the Floorcloud™ Licensed Services is a material requirement for Customer to be able to utilize the Floorcloud™ Licensed Services. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT CONSTRUCTION CONNECTIVITY HAS NO EXPERTISE OR SPECIAL FAMILIARITY ABOUT OR WITH RESPECT TO THE EQUIPMENT. CUSTOMER AGREES THAT THE EQUIPMENT IS DELIVERED “AS-IS” AND IS OF A QUANTITY SELECTED BY CUSTOMER AND THAT CUSTOMER IS SATISFIED THAT THE SAME IS SUITABLE FOR CUSTOMER’S INTENDED PURPOSES, AND THAT CONSTRUCTION CONNECTIVITY HAS MADE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE SUITABILITY OR DURABILITY OF SAID EQUIPMENT FOR THE PURPOSES AND USES REQUIRED BY CUSTOMER, OR ANY OTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT THERETO, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CONSTRUCTION CONNECTIVITY FURTHER DISCLAIMS ANY LIABILITY FOR LOSS, DAMAGE, OR INJURY TO YOU OR THIRD PARTIES, INCLUDING ANY CUSTOMER OR SUBCONTRACTOR OR OTHER THIRD PARTY THAT MAY CLAIM THROUGH CUSTOMER, AS A RESULT OF ANY FAILURE OF THE EQUIPMENT TO PERFORM TO ITS SPECIFICATIONS, OR DEFECTS, LATENT OR OTHERWISE, IN THE EQUIPMENT, WHETHER ARISING FROM THE APPLICATION OF THE LAWS OF STRICT LIABILITY OR OTHERWISE.

If the Equipment does not operate as represented or warranted by the relevant vendor and/or manufacturer, or is unsatisfactory for any reason, Customer agrees that it will make any claim on account thereof solely against the vendor and/or manufacturer and will, nevertheless, pay Construction Connectivity all amounts due under this Agreement and will not set off against such payment obligations any such claims as a defense, counterclaim, set-off, or otherwise. So long as Customer is not in breach or default of this Agreement, Construction Connectivity hereby assigns Customer, solely for the purpose of making and prosecuting any such claim, any rights which Construction Connectivity may have against the vendor and/or manufacturer for breach of warranty or other representation respecting any item of the Equipment. All proceeds of any warranty recovery by Customer from the vendor and/or manufacturer of any item of the Equipment will first be used to repair or replace the affected item. CUSTOMER ACKNOWLEDGES THAT NEITHER THE VENDOR NOR ANY SALESPERSON, EMPLOYEE, REPRESENTATIVE, OR AGENT OF THE VENDOR AND/OR MANUFACTURER IS AN AGENT OR REPRESENTATIVE OF CONSTRUCTION CONNECTIVITY, AND THAT NONE OF THE ABOVE IS AUTHORIZED TO WAIVE OR ALTER ANY TERM, PROVISION, OR CONDITION OF ANY AGREEMENT BY OR BETWEEN YOU AND CONSTRUCTION CONNECTIVITY, OR MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO ANY SUCH AGREEMENT.

LIMITED WARRANTY – EQUIPMENT. Construction Connectivity warrants to Customer only that the Equipment provided to Customer will operate in substantial and material compliance with the relevant Equipment documentation and will be free from defects in material and workmanship. In the event of any defects in the Equipment, Construction Connectivity, as its sole obligation under this limited warranty, and as Customer’s sole and exclusive remedy regarding any breach of this limited warranty, will repair or replace, at its sole option, any defective Equipment that does not conform to this limited warranty, provided that Customer provides Construction Connectivity with prompt notice and reasonable proof of any such failure or defect. The foregoing limited warranty and obligation to repair or replace defective Equipment will be limited to one (1) year after delivery to Customer. For clarity, this limited warranty does not apply to any Equipment defect caused by (a) use in an environment or in connection with any equipment or software that does not meet reasonable technical requirements specified by Construction Connectivity, as set forth in applicable documentation; (b) improper maintenance of the Equipment; (c) device repairs or modifications without Construction Connectivity’s prior written approval; or (d) abuse, neglect, or misuse by Customer. Construction Connectivity will not have any responsibility to correct any errors, malfunctions, or damage resulting from changes to or modifications of Equipment made by Customer. The foregoing limited warranty is personal to Customer and is not assignable or transferrable.