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(iii) ship repiacement CPE as soon as practical, provided, however, Customer must return <br />the defective CPE within ten (10) days or SBC shaH invoice Customer for the full <br />repiacement cost. SBC reserves the right to inspect ail defective CPE and SBC shali have <br />final determination of the status of such CPE. <br />(b) EssentialSERV 8x5S"" Maintenance Description. (i) SBC shall provide maintenance <br />services, including parts, for CPE as well as any intra-building distribution cables provided <br />by SBC in connection with the CPE listed herein, which may include wire, terminals, <br />protectors or connectors. <br />(ii) SBC's maintenance services shall include preventive and remedial maintenance, as <br />required by the CPE manufacturer's specifications or by SBC. Replacement parts and <br />products may be new or equivalent to new in performance. Such parts and products will be <br />furnished on an exchange basis and the returned parts and products will become the <br />property of SBC. SBC's preventive and remedial maintenance service obligations hereunder <br />do not include, and SBC is not otherwise obligated to provide replacement parts, software <br />releases, second tier help desk support, updates, upgrades or maintenance service resulting <br />in CPE functionalify which exceeds that expressly provided in manufacturers' or suppliers' <br />specifications at the time such product was installed (including Year 2000 functionality). <br />(iii) Customer may request maintenance service twenty-four (24) hours a day, seven (7) <br />days a week by calling SBC. If Customer's problem is an Emergency, SBC will use its best <br />efforts to respond to Customer's report of a malfunction by dispatching a technician to the <br />site or by beginning remote diagnosis, as appropriate within twa (2) business hours for PBX <br />systems and four (4) business hours for key, hybrid or any other system, and will complete <br />the appropriate repairs as soon as reasonably practical. An Emergency shall be defined as <br />any malfunction which leaves Customer unable to place or receive calls through the CPE, or <br />any other failure agreed to in writing by the Parties. <br />(iv) In the event the probfem is a non-emergency, SBC shall use reasonable efforts, within <br />eight (8) business hours after Customer's problem is reported to either: (i) cornmence repair <br />or replacement from a remote location, (ii) dispatch service personnel to Customer's site, or <br />(iii) ship replacement CPE as soon as practical, provided, however, Customer must return <br />the defective CPE within ten (10) days or SBC sha(i invoice Customer for fihe fuii <br />replacement cost. SBC reserves the right to inspect all defective CPE and SBC shall have <br />final determination of the status of such CPE. <br />(c) DedicatedSERVS"" Maintenance Description. (i) SBC wili provide technician, Customer <br />Service Representative, Project Manager, or other agreed upon resource(s) as set forth <br />herein or within an associated statement of work, on an annual basis ta perform installation, <br />maintenance, and/or move, add or change ("MAC") activities. <br />(ii) SBC's maintenance services shall include preventive and remedial maintenance, as <br />required by the CPE manufacturer's specifications ar by SBC. Replacement parts and <br />products may be new or equivalent to new in performance. Such parts and products will be <br />furnished on an exchange basis and the returned parts and products wi(I become the <br />property of SBC. SBC's preventive and remedial maintenance service obligations <br />hereunder do not include, and SBC is not otherwise obligated to provide replacement parts, <br />software releases, second tier help desk support, updates, upgrades or maintenance service <br />resulting in CPE functionality which exceeds that expressly provided in manufacturers' or <br />EpamainUrev8/9-7-01Ism $ <br />?.,,