2004-086 Resolution - Laserfiche WebLink

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?. Replacement parts ar products may be new or equivalent to new in performance. Replaced parts shall become the property of SBC upon their removal. SBCs repair or replacement of the Product shall be Customer's sole remedy for breach of the warranty as stated herein. Customer may request warranty service twenty-four (24) hours a day, seven (7) days a week by calling SBC. If Customer's problem is an Emergency, SBC shall use its best efforts to respond to Customer's report of a malfunction by dispatching a technician to the site or by beginning remote diagnosis, as appropriate within two (2) business hours for PBX systems and four (4) business hours for key, hybrid or any other system, and will compiete the appropriate repairs as soon as reasonably practical. An "Emergency" shall be defined herein as any malfunction which leaves Customer unable to place or receive calls through the CPE, or any other failure agreed to in writing by fihe Parties. In the event the problem is a non- emergency, SBC shall use reasonable efforts, within eight (8) business hours after Customer's problem is logged in by the ISC, to either: commence repair or replacement from a remote location; or dispatch service personnei to Customer's site. All warranty services will be performed during SBC's Normal Business Day. A"Normal Business Day" is defined as Monday through Friday, 8:00 a.m. to 5:00 p.m. local time ("Norma! Business Hours"), excluding SBC's holidays. Services perFormed outside of the Normal Business Day or outside the scope of this Agreement will be charged on a per occurrence basis for a minimum of two (2) hours at SBC's then prevaifing houriy or premium hourly rate including travel time to and from Customer's site. Customer shall a(so be responsible for travel and living expenses, when required. (c) SBC warrants that all services shall be performed in a safe, good and workmanlike manner and that the services, including reiated materials, shall materially conform to the- specifications furnished to Customer by SBC and shall be free from material defects. (d) Year 2000 Limited Warranty. To the extent that any manufacturer or other third party supplier (the "Manufacturer") warrants a Product to SBC as having year 2000 tunctionality, as defined below, in accordance with the Manufacturers' specifications, SBC shall warrant to Customer that the Products provided hereunder are Year 2000 functional during the longer of the Warranty Period or December 31, 2000. Although manufacturers may use various terminology to describe Year 2000 functionality of the Product, for purposes of this Agreement, "Year 2000 Functionality" shall mean fhe year 2000 date processing and manipulation capabilities as defined and interpreted by the Manufacturer in its specifications for the Product and shall be referred to herein as the Year 2000 Limited Warranty. SBC will promptly correct or replace any product which is in breach of this Year 2000 Limited Warranty. If SBC is unable to correct or replace the nanconforming Product as set forth in this Year 2000 Limited Warranty, SBC shall provide a refund, if any, in accordance with the Manufacturers' policy. SBC makes no Year 2000 Limifed Warranty regarding any Product where the Manufacturer does nofi provided a Year 2000 Limited Warranty to SBC. In such instance, Customer shall be responsible for all charges associated with any correction or repair of a Product, including any replacement products, parts, components, systems, software releases, updates or upgrades and associated labor, which resulfs in Product functianaiity which exceeds that expressly provided in the Manufacturers' specificafions at the time such Product was installed (including Year 2000 Functionality). EpamainUrev8/9-7-01/sm 3 ? ,;