Common use of Hardware Support Services Clause in Contracts

Hardware Support Services. PeopleGuru will maintain the Timeclock hardware to be free from defects in material and workmanship as follows: Any parts found to be defective (except as specifically excluded below) shall be replaced or repaired, at PeopleGuru's or its designee's option, without charge for parts or labor, provided that the Timeclock hardware has been properly installed and maintained by Customer and provided that such hardware has been used in accordance with this Agreement and has not been subject to abuse or tampering. The foregoing repairs and replacements may be made only by PeopleGuru or its designee and will be made only after PeopleGuru or its designee is notified of a problem, receives delivery from Customer of the Timeclock hardware at issue and determines that it results from defective materials or workmanship. Notwithstanding the foregoing, PeopleGuru may deliver a temporary replacement item for Customer's use while such determination is being made with respect to the Timeclock hardware in question. Repairs and replacements required as a result of (i) damage, defects, or malfunctions resulting from misuse, accident, neglect, tampering, unusual physical or electrical stress, or causes other than normal or intended use; (ii) failure of Customer to provide and maintain a suitable installation environment; (iii) any alterations made to the Timeclock hardware or the attachment of any devices not provided by PeopleGuru to the Timeclock Hardware; or (iv) malfunctions resulting from use of badges or supplies not approved by PeopleGuru shall be billed to Customer at PeopleGuru’s then-current rates. No Timeclock Hardware support is provided at the Customer site. Customer shall bear all delivery/shipping costs and all risk of loss during shipment/delivery of Timeclock hardware relating to Hardware as a Service or Hardware Support Services. 8.1. Timeclock hardware subscription service for each newly acquired Timeclock hardware subscription is for a minimum of eighteen (18) months. Thereafter, and unless either party delivers thirty (30) days written notice of non-renewal prior to each Anniversary Date, the term of the Hardware Services subscription shall automatically renew for one (1) year periods on the Anniversary Date. 8.2. Upon termination or cancellation of this Agreement, Customer shall, at its expense, return all PeopleGuru- owned Timeclock hardware to PeopleGuru in accordance with PeopleGuru's instructions. The Timeclock hardware shall be returned in as good condition as received by Customer, normal wear and tear excepted. In the event the Timeclock hardware is not returned within ninety (90) days, Customer agrees to purchase it at the prevailing manufacturer's suggested retail price. If timely payment for the Timeclock hardware is not made by Customer, PeopleGuru shall have the right to take immediate possession of such hardware.

Hardware Support Services. PeopleGuru will maintain the Timeclock hardware to be free from defects in material and workmanship as follows: Any parts found to be defective (except as specifically excluded below) shall be replaced or repaired, at PeopleGuru's or its designee's option, without charge for parts or labor, provided that the Timeclock hardware has been properly installed and maintained by Customer and provided that such hardware has been used in accordance with this Agreement and has not been subject to abuse or tampering. The foregoing repairs and replacements may be made only by PeopleGuru or its designee and will be made only after PeopleGuru or its designee is notified of a problem, receives delivery from Customer of the Timeclock hardware at issue and determines that it results from defective materials or workmanship. Notwithstanding the foregoing, PeopleGuru may deliver a temporary replacement item for Customer's use while such determination is being made with respect to the Timeclock hardware in question. Repairs and replacements required as a result of (i) damage, defects, or malfunctions resulting from misuse, accident, neglect, tampering, unusual physical or electrical stress, or causes other than normal or intended use; (ii) failure of Customer to provide and maintain a suitable installation environment; (iii) any alterations made to the Timeclock hardware or the attachment of any devices not provided by PeopleGuru to the Timeclock Hardware; or (iv) malfunctions resulting from use of badges or supplies not approved by PeopleGuru shall be billed to Customer at PeopleGuru’s then-current rates. No Timeclock Hardware support is provided at the Customer site. Customer shall bear all delivery/shipping costs and all risk of loss during shipment/delivery of Timeclock hardware relating to Hardware as a Service or Hardware Support Services. 8.1. Timeclock hardware subscription service for each newly acquired Timeclock hardware subscription is for a minimum of eighteen (18) months. Thereafter, and unless either party delivers thirty (30) days written notice of non-renewal prior to each Anniversary Date, the term of the Hardware Services subscription shall automatically renew for one (1) year periods on the Anniversary Datebe cancellable with 90 days’ notice. 8.2. Upon termination or cancellation of this Agreement, Customer shall, at its expense, return all PeopleGuru- PeopleGuru-owned Timeclock hardware to PeopleGuru in accordance with PeopleGuru's instructions. The Timeclock hardware shall be returned in as good condition as received by Customer, normal wear and tear excepted. In the event the Timeclock hardware is not returned within ninety (90) days, Customer agrees to purchase it at the prevailing manufacturer's suggested retail price. If timely payment for the Timeclock hardware is not made by Customer, PeopleGuru shall have the right to take immediate possession of such hardware.

Hardware Support Services. PeopleGuru will maintain the Timeclock hardware to be free from defects in material and workmanship as follows: Any parts found to be defective (except as specifically excluded below) shall be replaced or repaired, at PeopleGuru's or its designee's option, without charge for parts or labor, provided that the Timeclock hardware has been properly installed and maintained by Customer and provided that such hardware has been used in accordance with this Agreement and has not been subject to abuse or tampering. The foregoing repairs and replacements may be made only by PeopleGuru or its designee and will be made only after PeopleGuru or its designee is notified of a problem, receives delivery from Customer of the Timeclock hardware at issue and determines that it results from defective materials or workmanship. Notwithstanding the foregoing, PeopleGuru may deliver a temporary replacement item for Customer's use while such determination is being made with respect to the Timeclock hardware in question. Repairs and replacements required as a result of (i) damage, defects, or malfunctions resulting from misuse, accident, neglect, tampering, unusual physical or electrical stress, or causes other than normal or intended use; (ii) failure of Customer to provide and maintain a suitable installation environment; (iii) any alterations made to the Timeclock hardware or the attachment of any devices not provided by PeopleGuru to the Timeclock Hardware; or (iv) malfunctions resulting from use of badges or supplies not approved by PeopleGuru shall be billed to Customer at PeopleGuru’s then-current rates. No Timeclock Hardware support is provided at the Customer site. Customer shall bear all delivery/shipping costs and all risk of loss during shipment/delivery of Timeclock hardware relating to Hardware as a Service or Hardware Support Services. 8.1. Timeclock hardware subscription service for each newly acquired Timeclock hardware subscription is for a minimum of eighteen (18) months. Thereafter, and unless either party delivers thirty (30) days written notice of non-renewal prior to each Anniversary Date, the term of the Hardware Services subscription shall automatically renew for one (1) year periods on the Anniversary Datebe cancellable with 90 days’ notice. 8.2. Upon termination or cancellation of this Agreement, Customer shall, at its expense, return all PeopleGuru- owned Timeclock hardware to PeopleGuru in accordance with PeopleGuru's instructions. The Timeclock hardware shall be returned in as good condition as received by Customer, normal wear and tear excepted. In the event the Timeclock hardware is not returned within ninety (90) days, Customer agrees to purchase it at the prevailing manufacturer's suggested retail price. If timely payment for the Timeclock hardware is not made by Customer, PeopleGuru shall have the right to take immediate possession of such hardware.

Hardware Support Services. PeopleGuru will maintain the Timeclock hardware to be free from defects in material and workmanship as follows: Any parts found to be defective (except as specifically excluded below) shall be replaced or repaired, at PeopleGuru's or its designee's option, without charge for parts or labor, provided that the Timeclock hardware has been properly installed and maintained by Customer and provided that such hardware has been used in accordance with this Agreement and has not been subject to abuse or tampering. The foregoing repairs and replacements may be made only by PeopleGuru or its designee and will be made only after PeopleGuru or its designee is notified of a problem, receives delivery from Customer of the Timeclock hardware at issue and determines that it results from defective materials or workmanship. Notwithstanding the foregoing, PeopleGuru may deliver a temporary replacement item for Customer's use while such determination is being made with respect to the Timeclock hardware in question. Repairs and replacements required as a result of (i) damage, defects, or malfunctions resulting from misuse, accident, neglect, tampering, unusual physical or electrical stress, or causes other than normal or intended use; (ii) failure of Customer to provide and maintain a suitable installation environment; (iii) any alterations made to the Timeclock hardware or the attachment of any devices not provided by PeopleGuru to the Timeclock Hardware; or (iv) malfunctions resulting from use of badges or supplies not approved by PeopleGuru shall be billed to Customer Reseller at PeopleGuru’s then-current rates. No Timeclock Hardware support is provided at the Reseller or Customer site. Customer Reseller shall bear all delivery/shipping costs and all risk of loss during shipment/delivery of Timeclock hardware relating to Hardware as a Service or Hardware Support Services. 8.1. Timeclock hardware subscription service for each newly acquired Timeclock hardware subscription is for a minimum of eighteen (18) months. Thereafter, and unless either party delivers thirty (30) days written notice of non-renewal prior to each Anniversary Date, the term of the Hardware Services subscription shall automatically renew for one (1) year periods on the Anniversary Date. 8.2. Upon termination or cancellation of this Agreement, Customer Reseller shall, at its expense, return all PeopleGuru- owned Timeclock hardware to PeopleGuru in accordance with PeopleGuru's instructions. The Timeclock hardware shall be returned in as good condition as received by Customer, normal wear and tear excepted. In the event the Timeclock hardware is not returned within ninety (90) days, Customer agrees to purchase it at the prevailing manufacturer's suggested retail price. If timely payment for the Timeclock hardware is not made by Customer, PeopleGuru shall have the right to take immediate possession of such hardware.