8 Warranty

i. Supplier Warranty. Supplier warrants that the Units furnished under this CTA shall conform in materials respects to the specifications, drawings, samples, or descriptions specified in Schedule 1 and the applicable Purchase Order. All Units shall be new and free from material defects. Supplier warrants that it conveys the Units to Sunbelt with good title, free of any liens or other encumbrances. Supplier’s warranty shall extend to Sunbelt and its End Users.

ii. Third-Party Warranties. Supplier’s warranty hereunder shall not apply to the extent a warranty is provided by any manufacturer or other third party. All manufacturer and other warranties applicable to the Units are hereby assigned to Sunbelt.

iii. Warranty Period. The warranty provided by Supplier under this Section 3.D) shall be for the following period, in each case measured from the date of departure from the Supplier Warehouse (the “Warranty Period”):

Item Warranty Period

Chassis, Axle, Wheels, and Tires Per Manufacturer

Other Components of the Unit Per Manufacturer (includes batteries, solar panels, chargers, and controllers)

Camera Heads 5 years

Retrofit and Refurbishment
Workmanship 1 year

iv. Warranty Exclusions. Supplier’s warranty hereunder shall be limited to the extent the Units are used under normal circumstances and that any defect(s) are not the result of installation or mobilization methods used by Sunbelt or any End User, abuse or misuse of the Units by any party, or failure to adhere to the applicable instructions concerning the use and operation of the Units. Supplier’s warranty hereunder will not apply to any Units that have been reworked or repaired by any party other than Supplier without Supplier’s prior written authorization.

v. Supplier Warranty Work. Supplier agrees to repair, replace, or correct errors or defects in, any Units not conforming to the Supplier warranty provided hereunder (the “Supplier Warranty Work”) promptly and without expense to Sunbelt when notified of such nonconformity by Sunbelt. Supplier’s obligation to perform any Supplier Warranty Work shall be subject to Supplier’s inspection of the Units to which such claim was made and a reasonable determination that the Supplier Warranty Work is required. All claims made by Sunbelt pursuant to this Section 3(D)(v) shall be void, and Supplier shall have no liability therefor, if such claims are not raised by Sunbelt during the Warranty Period.

vi. Third-Party Warranty Work. Supplier agrees to repair, replace, or correct errors or defects in, any Units not conforming to the manufacturer or other warranties assigned hereunder (the “Third-Party Warranty Work”) promptly when notified of such nonconformity by Sunbelt. Supplier will undertake commercially reasonable efforts to seek payment for the Third-Party Warranty Work from the applicable warranty provider. If the applicable warranty provider fails to pay Supplier for the Third-Party Warranty Work, the Third-Party Warranty Work shall be treated as Repair Work, and the provisions of Section 3(D)(vii) shall apply.

vii. Repair Work. All other repairs, replacements, and/or enhancements to the Units, including any Third-Party Warranty Work that is not paid for by the applicable warranty provider (collectively, “Repair Work”) shall be performed by Supplier, at Sunbelt’ expense, in accordance with the terms of the Service Agreement and the Telematics CTA.