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ROUTEWARE
City of Pleasanton
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ROUTEWARE
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Last modified
4/7/2026 10:26:41 AM
Creation date
12/18/2024 11:59:51 AM
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CONTRACTS
Description Type
Professional Services
Contract Type
New
NAME
ROUTEWARE
Contract Record Series
704-05
Munis Contract #
2025385
Contract Expiration
6/30/2026
NOTES
SOFTWARE SUPPORT
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Page 5 of 10 REV. 06/15/2024 <br />Product within thirty (30) days of the written notice of the defective Product by the Customer, including, <br />for Hardware, within 30 days after the receipt of the Hardware by Company from Customer and <br />verification of the defect. If Company cannot repair or replace the defective Software during the Software <br />Warranty Period, Company will refund all amounts paid by Customer for the defective Software and <br />Company can terminate the Agreement. All claims must be received by Company promptly upon discovery <br />of any defect, and in no event after expiration of the applicable Warranty Period. The foregoing Hardware, <br />if applicable, and Software Warranties do not apply to any defect or failure to operate that is attributable <br />to: <br />(i) Customer’s misuse or abuse of or failure to maintain the Product; <br />(ii) Customer’s failure to operate the Product in accordance with the Documentation; <br />(iii) input errors, data conversion errors or other such errors, such as Customer’s failure to <br />sequence route stops independently or through a Company professional services agreement; <br />(iv) any change made to the Product by Customer without Company’s written approval; <br />(v) any defect, limitation or incompatibility in any equipment or other component installed by <br />Customer; <br />(vi) any accident, catastrophe, act of God, or interruption or fluctuation in electrical power <br />supplies; <br />(vii) any material change in Customer’s business or in the operating conditions under which the <br />Product is used; <br />(viii) translations; or <br />(ix) Third‐Party Products. <br /> <br />7.3 Return Merchandise Authorization. If Customer experiences the failure of any Customer‐owned <br />Hardware no longer covered under the Hardware Warranty, Customer may notify Technical Support to attempt <br />to diagnose and resolve any issues via online and/or phone communication with the Customer. If the issue is <br />not resolved, Customer will be forwarded an RMA Request Form with full instructions to complete and return <br />the hardware to the Company’s RMA Department for evaluation and verification of any malfunction. If <br />hardware is not received by the RMA Department, or if Customer fails to respond to any subsequent questions <br />or communications regarding the RMA within thirty (30) days, the RMA will be closed. A new RMA Request <br />Form will be required should the Customer wish to pursue RMA evaluation in the future. <br /> <br />Once the hardware covered by the RMA is received by the RMA Department, the hardware will be evaluated, <br />and Customer will be provided one or more of the following options: <br />(a) No malfunction or issue detected. Device performed correctly and will be returned to Customer. <br />(b) Issue confirmed. Cost estimate to repair will be provided to Customer. Upon Customer approval, <br />device will be repaired, tested and returned to Customer. <br />(c) Issue confirmed. Beyond repair, recommendation to replace at Customer cost will be provided. <br />Device will be recycled by Company or returned unrepaired to Customer upon Customer decision. <br /> <br />7.4 Disclaimer. THE WARRANTIES OF SECTION 7.2 ARE THE EXCLUSIVE WARRANTIES OFFERED BY COMPANY <br />AND COMPANY MAKES NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, <br />IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER. ALL <br />OTHER CONDITIONS AND WARRANTIES, INCLUDING ANY CONDITIONS OR WARRANTIES OF FITNESS FOR A <br />PARTICULAR PURPOSE, NON‐INFRINGEMENT, MERCHANTABILITY, SUITABILITY AND THOSE THAT ARISE FROM <br />ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, ARE HEREBY DISCLAIMED. <br /> <br />8. INDEMNIFICATION AND LIMITATION OF LIABILITY <br />8.1 Company, at its sole expense, agrees to defend and indemnify Customer against any third party claim that <br />Customer’s use of the Products, as delivered by Company to Customer and used in accordance with this <br />Agreement and the Documentation, directly infringes a third party copyright, patent issued by the U.S. Patent <br />and Trademark Office, or misappropriates a trade secret, provided that: (i) Customer notifies Company in writing <br />within thirty (30) days of the claim; (ii) Company has sole control of the defense and all related settlement <br />Docusign Envelope ID: CA8705DF-3575-4273-B3E5-0EF60EBEB3C1
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