HARDWARE ADDENDUM
Connectivity Package / Promotional Hardware Addendum
This Product Term is incorporated by reference into and forms part of the Zonar Unified End User License Agreement. It applies only to the products and services identified in your Order.
1. Promotional Hardware
Promotional Hardware is Hardware in which the Parties intend shall be provided by Zonar at no charge for Customer to use with the Services, in return for a commitment by the Customer to use such Promotional Hardware for an Initial Term of three (3) years (see Section 13 of the Zonar Terms and Conditions). If for any reason Customer does not pay Zonar Service fees for use of the Promotional Hardware for the entire Initial Term (such as caused by failure to pay the required fees or termination of the Agreement for any reason), Customer shall be obligated to either return the Promotional Hardware to Zonar at Customer’s expense, or pay Zonar the Stipulated Value as defined in Section 5 of this Promotional Hardware Addendum.
2. Shipment and Title
Zonar or its designee will ship all Promotional Hardware to Customer under the Agreement FOB origin, such that title transfers to Customer (subject to the limited return obligation during the Initial Term as defined in Section 3 of this Promotional Hardware Addendum) when such Promotional Hardware is made available to Customer at Zonar’s premises. Without affecting the transfer of title, Zonar will, if specified in the Order under shipping charges, arrange for insured shipment of Promotional Hardware to Customer via a common carrier of Zonar’s choosing, and will reasonably assist Customer with any claims against such a carrier for lost or damaged shipments. Unless Customer has Promotional Hardware installation Services from Zonar or its designee under the Order or SOW, Customer shall be solely responsible for the proper installation of all such Promotional Hardware.
3. Return of Hardware
In the event that Customer terminates this Agreement for any reason before the completion of the Initial Term, or otherwise fails to pay Service fees to Zonar for using the Promotional Hardware for the entire Initial Term, Customer shall be obligated to return such Promotional Hardware to Zonar at Customer’s expense. Zonar will bill Customer the Stipulated Value (see Section 5 of this Promotional Hardware Addendum) for any Promotional Hardware that is not returned to Zonar within 30 days of termination of this Agreement, for any reason, prior to completion of the Initial Term. Customer shall be solely responsible, at its own expense, for the de-installation, packing, rigging and delivery of the Promotional Hardware, in an unencumbered state, back to Zonar, at a location specified by Zonar (if no such location is specified, then the returns should be shipped to Zonar’s headquarters location as of the date of termination, as identified on Zonar’s public facing website, www.zonarsystems.com, which currently is 18200 Cascade Ave, Seattle, WA 98188). If Customer fails to return the Promotional Hardware as required by this Section 3 of the Promotional Hardware Addendum, Customer shall pay Zonar, as the reasonable measure of Zonar's damages and not as a penalty, the Stipulated Value fees defined in Section 5 of this Promotional Hardware Addendum. Any Promotional Hardware that is returned in inoperable condition, or which exhibits more than ordinary wear and tear, will be subject to the Stipulated Value fees defined below. Service for Promotional Hardware cannot be turned on and off during the Initial Term, but Promotional Hardware can be moved from one vehicle to a different vehicle. Customer must notify Zonar when such movement occurs. The return obligation (and payment of the Stipulated Value fee in lieu of a return) of this Section 3 expires upon completion of the Initial Term.
4. Loss of Promotional Hardware
Customer shall bear the entire risk of the Promotional Hardware being lost, destroyed or otherwise rendered permanently unfit or unavailable for use from any cause whatsoever (an “Event of Loss”) after such Promotional Hardware has been shipped by Zonar or its agents. If an Event of Loss shall occur with respect to any Promotional Hardware, Customer shall promptly and fully notify Zonar thereof. Zonar shall Zonar will bill customer the Stipulated Value fee defined in Section 5 for each item of Promotional Hardware that is lost. Upon payment of the Stipulated Value, Zonar will provide Customer with replacement units of the Promotional Hardware, at no additional charge other than ongoing Service fees. This Section 4 does not apply after the completion of the Initial Term.
5. Stipulated Value
For loss of Promotional Hardware during the Initial Term, or Customer’s failure to return Promotional Hardware within 30 days of termination of the Agreement (for any reason) prior to the completion of the Initial Term, Zonar will bill customer the following Stipulated Value fees for each item of Promotional Hardware that is lost or not returned (or returned damaged or showing more than normal wear and tear). No Stipulated Value fees apply after completion of the Initial Term.
• V4 $257/each
• V3 + 4GC $175/for the combo (V3 is refurbished)
• LD-TCU $95/each
• DashCam DF22 $375/each
• Other Zonar then current list price
© Zonar Systems, Inc. — incorporated by reference into your Sales Order.