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SBC Product Purchase and Maintenance Service Agreement <br />As used herein, "SBC" means SBC Global Services, Inc., a Delaware corpvration and its <br />divisions. The fol(owing standard terms and conditions shall appiy to this SBC Product <br />Purchase and Maintenance Senrice Agreement, any attachments and any Customer purchase <br />order that is accepted by SBC for the sale, installation and servicing of customer premises <br />equipment including Software and related documentation (the "Software"), collectively referred <br />to hereafter as (the "Product"). These standard terms and conditions, together with any <br />attachments and any brder(s), form one agreement between SBC and Customer, and <br />collectively are referred to as "the Agreement". <br />'t. Shipping and Delivery. Ail shipping, transportation and delivery charges for the Products <br />including expedites, shall be paid by Customer. SBC shall use commercially reasonable <br />efforts to deliver the Products by the delivery date specified in the Agreement. Custamer <br />may, upon written notice to SBC no later than ten (10) days prior to delivery, postpone the <br />delivery, installation or cutover dates specified in the Agreement one (1) time. Such <br />postponement shall not exceed thirty (30) days from the originally scheduled delivery, <br />installation or cutover dates and is subject to price changes as stated in Section 6. <br />2. tnstaliation and Cutover. (a) SBG shall obtain all reqraired governmenta( permits, licenses <br />and approvals for the delivery and installation of the Products. Customer shall reimburse <br />SBC for all costs and expenses incurred in obtaining or maintaining any necessary <br />easements or right of way. Customer shali provide the proper environment and electrical <br />and telecommunications connections for the Products as specified by SBC and by the <br />manufacturer's specifications: Customer shali be responsible for the configuration and <br />operation of all Customer owned equipment required for connection of the Producfis <br />(including installation of the Software). In the event SBC connects the Products ar installs <br />the Software on such Customer owned equipment, SBC shall not be liable for any damage <br />to such Customer owned equipment, unless due to SBCs sole negligence. (b) Customer <br />shall provide SBC with at least ten (10) days notice that the premises are ready for SBC to <br />begin instailation. SBC shall not be liable for delays in the installation of the Products due to <br />Customer's failure to make the premises ready for installation. Installation costs in excess af <br />the installation charges referred to in the Agreement which are due to circumstances beyond <br />SBC's control, including acts or omissions of Customer or third parties, or due to other <br />circumstances referred to in Section 21(d), shail be barne by Customer. (c) SBC shall use <br />commercially reasonable efforts to complete installation and cutover of the Product by the <br />dates specified in the Agreement. Cutover shall be deemed accomplished upon connection <br />ta the telephone network to place and receive calls. Cutover of the Product that is not <br />dependent on the telephone network wi(I occur when the Product is operationai. <br />3. Safe Work Environment and Hazardous Materials, (a) Customer shall provide a safe <br />work environment for SBC's personnel. Customer's obligations include: (i) notifying SBC <br />prior to commencement of any work under this Agreement of any known environmental <br />hazards on Customer's property or at the work site, including the presence of friable <br />asbestos; (ii) removing or abating, at its expense, risk posed by such environmental hazards <br />Epamaintlrev8l9-7-01/sm 1 <br />