2004-086 Resolution - Laserfiche WebLink

Home Browse Search

?F on Customer's property or at the work site; and (iii) adopting, at its expense, any other work site safety measures required by law or deemed reasonably necessary by SBC. (b) SBC shall have the right to suspend pertormance immediately where the Customer fails to comply with this provision. Customer shall pay any costs incurred as a result of this suspension of perFormance. S6C may terminate this Agreement when any such suspension lasts longer than thirty (30) days. (c) "HAZARDOUS MATERIALS" as referenced in this section is a generic term used to describe all materials that are regulated by the federal, state or locat government during transportation, handling and/or disposal. This includes, but is not limited to, materials such as batteries and circuit packs, and other materials that are regulated as (1) "Hazardous Materiais" under the Hazardous Materials Transportation Act, (2) "chemical hazards" under the Occupational Safety and Health Administration standards, (3) "chemical substances or mixtures" under the Toxic Substances Control Act, (4) "pesticides" under the Federal (nsecticide Fungicide and Rodenticide Act, and (5) "hazardous wastes" as defined or listed under the Resource Canservafiion and Recovery Act. Disposal of all Hazardous Materials is not covered by this Agreement. If SBC assists in the disposal of any equipment or material from Customer's premises which are Hazardous Materials, Customer shall be responsible for all appficabfe charges for disposal and such charges shall be in addition to any of SBC's prevailing fabor and material charges which rnay be applicable. If any material from Customer's premises meets the definition of a HAZARDOUS MATERIAL, Customer will notify SBC immediately. Customer agrees to indemnify SBC from any loss, damage or expense (including reasonable attorney's fees) sustained because of Customer's non- comp(iance with legal requirements of handling, storage or transportation of such material. If hazardous materials or asbestos are encountered during system installation and/or maintenance, Customer may incur additional charges for labor or materials required to protect SBCs personnel in perFormance of its services. 4. Acceptance. Customer's right to reject the Product if there is a material nonconformity with the manufacturer's specifications shall expire thirty (30) days after the date of delivery or, if SBC instalis the Product, thirty (30) days after cutover. If the Product is not accepted by Customer during the applicable thirty (30) day period, Customer shall give written notice to SBC specifying the reasons for rejection and SBC shall have the right to cure, in a reasonable time and manner, any material nonconformity giving rise to such rejection. Failure of Customer to notify SBC in writing of its rejection of the Praduct during the applicable thirty (30) day period shall be deemed acceptance of the Product. 5. Warranty and Warranty Exclusions. (a) The "Warranty Period" for the Products shall be twelve (12) months from the date of cutover when SBC provides installation, otherwise it shall be twelve (12) months from the date of delivery. (b) SBC warrants it has the legal right to sell the Products to Customer. SBC further warrants that during the Warranty Period, the Products shall materiaAy conform to the manufacturer's published specifications. If Customer notifies SBC of a material defect during the Warranty Period, SBC shall, at ifs option, repair or replace the Products, free of charge to Customer. Repair or replacement wil( be done as described in Section 12 if a maintenance plan is selected at the time of Product purchase, otherwise, SBC shall provide warranty services.