APP07-9045-0301 Warranty Plan.pdf

2817 Hwy 77, Panama City, Florida 32405 USA Tel 850.763.7200

Afon House, Worthing Rd, Horsham, West Sussex RH12 1TL UK Tel 44 (0) 1403.788.315 Web www.detect-inc.com www.dronewatcher.com

The information contained and/or attached to this document is for the intended recipient only and may not be distributed to third parties in any form without the express written consent of the sender. This communication contains confidential, proprietary and/or privileged information that is protected by U.S., U.K. and International law and, the recipient hereby agrees to treat it as such. If you have received this in error, immediately and permanently destroy or delete this document and all enclosures or attachments.

Aircraft Birdstrike Avoidance Radars | Avian Radar Systems | Aircraft Detection Lighting Systems | Bird Control Radar Systems |

Airspace & Marine Security Networks | Drone Detection & Defense Systems | Ground-Based Sense-and-Avoid Radars

EXTENDED WARRANTY, SERVICE & MAINTENANCE PLAN AGREEMENT

Customer/Owner: US ANG Marseilles Training Center

Location: Marseilles, IL

System: HARRIER GBSAA

Previous Warranty Expiration: September 24, 2019

Extended Plan Coverage Period: 1 Year (option up to 3 years)

This Extended Warranty, Service & Maintenance Plan Agreement (the ‘Plan’ or ‘Agreement’) covers the Radar System (the ‘System’) manufactured and supplied by DeTect, Inc. (‘DeTect’ or the ‘Manufacturer’) of Panama City, Florida USA installed at the Location indicated above (the ‘Location’) for the above designated Customer (the ‘Customer’ or the ‘Owner’) and, upon execution by the Customer and acceptance by DeTect, is in effect for the Extended Plan Coverage Period noted above (the ‘Period’). The System has had uninterrupted warranty and support by DeTect under the original System Warranty (the ‘Warranty’) or under prior extended warranty agreements that included coverage for labor, materials and other costs for System preventive maintenance (excluding wear part replacement and routine maintenance that is to be provided by the Customer), 24-7 telephone and internet technical support, remote system monitoring, software upgrades and maintenance, and, repair or replacement of any covered failed parts or components. The Agreement does not apply to systems in which gap of coverage has occurred; in order to obtain a Plan for a non-covered system, DeTect must inspect the system and if DeTect agrees to cover the system under a Plan, DeTect will perform all overdue maintenance and repair and/or replace any parts requiring service with such costs for the inspection and service under a separate agreement.

Upon execution and acceptance by DeTect, this Agreement extends the warranty support by the Period and provides warranty coverage, preventive maintenance (excluding routine maintenance that is to be provided by the Customer), 24-7 telephone and internet technical support, remote System monitoring (via FileWatcher® if the system is connected to the Internet), specialized radar operating system software upgrades and maintenance, and, repair or replacement of any covered failed parts or components within the Agreement Period. This Agreement specifically does not cover wear parts and parts that have become obsolete as identified below.

EXTENDED WARRANTY, SERVICE

& MAINTENANCE AGREEMENT

Marseilles Training Center Quote No: # 19-xxxx 01/30/2019

The information contained and/or attached to this document is for the intended recipient only and may not be distributed to third parties in any form without the express written consent of the sender. This communication contains confidential, proprietary and/or privileged information that is protected by U.S., U.K. and International law and, the recipient hereby agrees to treat it as such. If you have received this in error, immediately and permanently destroy or delete this document and all enclosures or attachments.

1. Covered Equipment & Components:

The equipment covered by this agreement includes the Radar System installed and currently operating at the above named location along with any upgrades to the system made by DeTect since the original delivery date and includes the following:

a) The System hardware as originally supplied by DeTect along with any DeTect-supplied upgrades, modifications and replacements made to the System by DeTect as of start date of this Agreement.

b) The radar system operating software and any upgrades and/or add-on functionality supplied by DeTect.

Items not covered by this Agreement are parts that have become obsolete and are no longer supported by DeTect and/or the OEM (e.g. Microsoft XP); customer supplied or installed components or ancillary systems; parts damaged by the customer or deteriorated/failed as a result of improper O&M by the customer; and, System wear parts including generator units, magnetrons, trailer tires and brakes, batteries, and light bulbs.

2. DeTect Services

DeTect will provide service, maintenance and repair of the System as follows:

a) Covered service will be provided on normal business days, which are Mondays through Fridays, during business hours from 8:00 AM to 5:00 PM, except for US Federal and State holidays.

b) Should the Customer request an unscheduled service or services outside of normal business hours, DeTect will use all reasonable endeavors to comply with the request, but the work will be considered outside the scope of this Plan and may subject to standard afterhours and/or emergency service rates at DeTect’s sole discretion.

c) Radar System operating software upgrades as released by DeTect will be periodically provided and installed by DeTect, either on-site or via remote download, and are included under this Plan and no additional cost shall apply for such upgrades.

d) DeTect will conduct one (1) scheduled site visit to the System Location each year in which this Plan is in effect, and during these visits will provide preventive maintenance on the system to include System checks, installation of software upgrades, defective or failed component replacement or repair, and, performance testing. DeTect will coordinate these visits with the Customer and to coincide with Customer Safety meetings at the Customer’s option when possible.

e) Repair or replacement of System components deemed defective due to manufacture or workmanship will be performed by DeTect under this Plan and DeTect, at its sole option, will repair or replace such components with new or remanufactured components to maintain System operability within DeTect design parameters.

Marseilles Training Center Quote No: # 19-xxxx 01/30/2019

The information contained and/or attached to this document is for the intended recipient only and may not be distributed to third parties in any form without the express written consent of the sender. This communication contains confidential, proprietary and/or privileged information that is protected by U.S., U.K. and International law and, the recipient hereby agrees to treat it as such. If you have received this in error, immediately and permanently destroy or delete this document and all enclosures or attachments.

3. Customer Responsibilities

Service and maintenance work will be provided to Customer within the scope of this Plan subject to the following requirements:

a) In the event of a System failure or defect, the Customer will notify DeTect of such failure in a reasonable and timely manner.

b) Upon such notification, the Customer will work with DeTect Technical Support staff by telephone or email to diagnose the cause of the failure, and the Customer will perform minor software or hardware adjustments, minor repairs, and/or simple LRU (least replaceable unit) change-outs in order to restore the System to full operations.

c) If on-site service is required to correct the failure, the Customer will provide DeTect full and free access to the facilities and the System, and will make all reasonable precautions to ensure the health and safety of DeTect personnel.

d) The Customer will maintain a written log (electronic or hard copy) of site visits, System inspections, electrical power outages (or other electrical power disturbances), System location changes, significant weather events, routine maintenance, equipment faults and symptoms, and will make such log available to DeTect personnel (through e-mail or fax) before and during any required service work.

e) The Customer will follow all manufacturer recommended routine maintenance procedures and will ensure that the System maintained in good, clean condition in accordance with the System Operations & Maintenance Manual.

f) The Customer will follow DeTect’s guidance and instructions regarding System operations, storage, transport, and routine and preventative maintenance actions.

g) The Customer agrees not to install any third party software on any System computers covered under this Plan, unless pre-approved by DeTect.

h) The Customer will not otherwise modify any software or computer internal settings such as the BIOS or other configuration files unless pre-approved by DeTect.

Any non-authorized Customer actions will void this Agreement.

4. Rate & Terms

The Services to be delivered under this Plan for the Period include:

a) Provide one (1) site visit and System services each year to include inspection, preventative maintenance, and optimization of the Radar System.

b) Provide 24-7 telephone and Internet technical support.

c) Provide standard data analysis, processing and reporting to client

Marseilles Training Center Quote No: # 19-xxxx 01/30/2019

The information contained and/or attached to this document is for the intended recipient only and may not be distributed to third parties in any form without the express written consent of the sender. This communication contains confidential, proprietary and/or privileged information that is protected by U.S., U.K. and International law and, the recipient hereby agrees to treat it as such. If you have received this in error, immediately and permanently destroy or delete this document and all enclosures or attachments.

d) Provide, install and configure Radar operating system software updates as released.

e) Provide on-site repair and/or replacement of any components originally delivered by DeTect that fail within the Plan term, excluding wear parts, which includes labor and travel costs to service the covered equipment during the Plan Period.

This Cost for the Extended Warranty, Service & Maintenance Plan is a lump sum fee amount of $25,500.00 (US) per year ($76,500.00 for 3 year option). The total amount for the Plan is due and payable upon execution of this Agreement.

Non-covered services will be provided at the following rates:

Labor (on-site or off-site): $95.00 per hour

Parts: Current List Price or cost plus 15% for unlisted parts

Travel (economy): Cost plus 15%

5. Term & Renewal

The initial term of this Plan will be for a period of one (1) year from the date of execution by both parties. Customer may extend the Plan for an additional two years by written notice to DeTect. In the event of termination by either party, DeTect will be paid all outstanding compensation due for services performed prior to expiration day, including any reimbursable expenses.

6. Cancellation & Refund

The Customer may cancel this Plan at any time for any reason upon ten (10) days written notice. If the Customer cancels Plan within (30) days of the date of execution of the Agreement, DeTect will refund the full Plan price, less any claims. If the Plan is cancelled more than (30) days after the execution date, but less than (90) days from the execution date, DeTect will refund the remaining days of coverage at a prorated basis, less costs for services performed and less a 50% restocking fee for any components and parts ordered or delivered. If the Plan is cancelled after the (90) day period from the execution date, the Customer forfeits the complete value of the Plan and no refund will be made.

This Plan is non-cancelable by DeTect, except in the instance of (a) Customer default due to non-payment of the service Plan fee within the terms allowed, (b) Customer’s material misrepresentation, (c) The Customer’s failure to maintain the equipment in the manner specified by the DeTect; or, (d) The Customer’s failure to comply with its obligations under this Agreement. In the event that DeTect cancels the Plan, a ten (10) day notice will be provided.

7. Limitations of Coverage

The Customer agrees that DeTect is not responsible for the following:

Marseilles Training Center Quote No: # 19-xxxx 01/30/2019

The information contained and/or attached to this document is for the intended recipient only and may not be distributed to third parties in any form without the express written consent of the sender. This communication contains confidential, proprietary and/or privileged information that is protected by U.S., U.K. and International law and, the recipient hereby agrees to treat it as such. If you have received this in error, immediately and permanently destroy or delete this document and all enclosures or attachments.

a) Damages or other equipment failure due to causes beyond its control including, but not limited to, repairs necessary due to operator negligence, failure to maintain the equipment according to DeTect instructions, abuse, vandalism, computer viruses, theft, fire, flood, wind, lightning, freezing, power failure, inadequate or improper power supply, unusual atmospheric conditions, telephone or internet failure, or force majeure.

b) Service, installation or reinstallation of any equipment required as a result of any alterations of the equipment or repairs made by unauthorized personnel to include improper storage, reconfiguration of equipment, use or movement of the equipment, including the failure to place the equipment in area that complies with DeTect’s space, and environmental requirements.

c) Any utilization of equipment that is inconsistent with either the design of the equipment or the manner that DeTect intended the equipment to be used.

d) Consequential damages or delay in rendering service under this Plan, or loss of use of data during the period that the system is in repair or otherwise awaiting parts.

8. Entire Plan

This Agreement shall be construed in accordance with the laws of the State of Florida. This Plan constitutes the entire Agreement between the parties and may only be modified by a written instrument executed by Customer and an authorized officer of DeTect. Any term or condition set forth on any purchase order or other document submitted by Customer which is inconsistent with any term or condition of this Agreement shall be of no force or affect whatsoever. Neither Customer nor DeTect shall be bound by any oral agreement or representation irrespective of by whom or when made. Customer may not assign this Agreement without the prior written consent of DeTect and such consent will not be unreasonably withheld by DeTect.

9. Limitation of Liability

IN NO EVENT SHALL DETECT BE LIABLE IN CONTRACT, TORT OR OTHERWISE FOR

INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES, INCLUDING

WITHOUT LIMITATION, LOST BUSINESS PROFITS OR DAMAGE OR DESTRUCTION

OF DATA, EVEN IF DETECT HAS BEEN ADVISED OF SAME. DeTect's maximum liability shall be limited in any event to the actual direct damages incurred by Customer that are caused solely by the acts or omissions of DeTect, subject to a maximum liability of the greater of the amount paid for the Services performed under this Service Plan during the twelve (12) months immediately preceding the damage or $100,000. Customer agrees to provide DeTect with prompt written notification as to the specifics of any claim for damages and to provide DeTect with a reasonable opportunity to investigate.

10. Exclusive Warranty & Remedy

DeTect's exclusive warranty is that Services will be performed in a workmanlike fashion and all parts provided by DeTect shall be free of defects in materials and workmanship at the time of installation. In the event DeTect breaches this warranty, DeTect's sole obligation, and Customer's exclusive remedy, shall be for DeTect to make all necessary adjustments, Marseilles Training Center Quote No: # 19-xxxx 01/30/2019

The information contained and/or attached to this document is for the intended recipient only and may not be distributed to third parties in any form without the express written consent of the sender. This communication contains confidential, proprietary and/or privileged information that is protected by U.S., U.K. and International law and, the recipient hereby agrees to treat it as such. If you have received this in error, immediately and permanently destroy or delete this document and all enclosures or attachments.

repairs or replacement of parts that were defective at the time of installation. There are no other express or implied warranties concerning any Services, parts, supplies or expendable items provided hereunder. DeTect does not guarantee that the operation of the equipment will be uninterrupted or error-free. DETECT DISCLAIMS ANY IMPLIED WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING

SHALL BE THE SOLE REMEDY OF CUSTOMER FOR BREACH OF WARRANTY.

11. WAIVER.

Waiver of either party's breach of this Agreement shall not constitute a waiver of any other breach. DeTect may elect to continue performance notwithstanding such breach by Customer but such performance shall not constitute a waiver of such breach nor otherwise limit DeTect's remedies.

12. Force Majeure

DeTect will not be liable to perform, or be liable for a delay in performing, its obligations hereunder by reason of war, riot, explosion, fire, flood or any cause beyond the control of DeTect, but in any such circumstances the time for performance will be extended by a period equal to that during which the cause preventing or delaying performance exists.

13. Notices

All notices under this Plan will be in writing and delivered by overnight delivery service or personal delivery and will be provided to the attention of the individuals and addresses on the signature page of this Plan.

Marseilles Training Center Quote No: # 19-xxxx 01/30/2019

The information contained and/or attached to this document is for the intended recipient only and may not be distributed to third parties in any form without the express written consent of the sender. This communication contains confidential, proprietary and/or privileged information that is protected by U.S., U.K. and International law and, the recipient hereby agrees to treat it as such. If you have received this in error, immediately and permanently destroy or delete this document and all enclosures or attachments.

The Customer by authorized signature below acknowledges the Plan, Terms, and Conditions, and accepts this Agreement:

CUSTOMER:

Warranty Coverage Period

(authorized signature)

1 Year ☐

(printed name & title)

2 Years ☐

(address)

3 Years ☐

(address)

(address)

(Telephone)

(Email)

DeTect herewith certifies that the terms and conditions of this Plan are in effect as of the dates noted in the Agreement as executed by an authorized corporate officer below:

DeTect, Inc.

(acceptance signature) Gary W. Andrews General Manager & CEO 2817 Hwy 77 Panama City, Florida 32405 USA

Tel. 850-763-7200 Email: gary.andrews@detect-inc.com

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