Revised: Jul 29, 2026
This warranty policy contained within the Master Services Agreement between Capsher and the TX-DIR customer (“Client”).
Warranties
Capsher warrants that: (A) the Deliverables will comply with the Work Order* and (B) in performing the Services, Capsher and its employees will not breach any obligation to any third party.
Acceptance
Each Deliverable shall be deemed accepted by Client 10 days after delivery (“Acceptance”), unless before Acceptance, Client provides written notice to Capsher of rejection (a “Rejection Notice”), describing specifically how the Deliverable fails to meet the requirements in the Work Order. Upon receipt of a fully compliant Rejection Notice, Capsher will use reasonable efforts to repair the Deliverable to comply with the Work Order. Upon delivery of a repaired Deliverable, the acceptance and rejection process described in this Section will continue until the Deliverable is accepted.
Warranty Repair Remedy
After Acceptance, Capsher will use reasonable efforts to repair any Deliverable to comply with the applicable Work Order, but only if, no later than 60 days after Acceptance, Client provides to Capsher a written notice describing specifically how the Deliverable fails to meet the requirements in the Work Order.
Sole Remedies
Section 1.2 and 1.3 provides Client’s sole and exclusive remedy for any failure of any Service or Deliverable to comply with a Work Order* and any breach of any representation or warranty.
Exclusion of Other Warranties
EXCEPT AS PROVIDED IN SECTION 5.1, CAPSHER DISCLAIMS ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PURPOSE, NONINFRINGEMENT, AND GOOD AND WORKMANLIKE SERVICE.
*Note: Depending on the specific contract executed between Capsher and the client, the term “Work Order” may be referred to as a “Statement of Work” (SOW) or defined by specific “Acceptance Criteria,” which outline the agreed-upon project specifications.
