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T Fl F TP0tJIC'S > 5. WARRANTY 1 -IX warrants the Equipment against defective parts for 1 year after the Cutover Date Upon written notification of a defect TTX shall have the option to repair or replace the defective part of the Equipment arid such repair or replacement shall be Customer's sole and exclusive remedy. All replaced parts will become the property of TTX. In addition, for a period of 1 year after the Cut over Date, TTX shall perform, free of charge, all necessary maintenance to keep the Equipment in good working condition and repair, including the furnishing of all necessary labor and materials ShoreTel proprietary hardware replacement will be delivered by next business day. TTX FURNISHES THIS WARRANTY IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ANY AND ALL WARRANTIES SHALL BE VOID AS TO THE EQUIPMENT DAMAGED OR RENDERED UNSERVICEABLE BY NEGLIGENCE OF NON•TELETRONICS PERSONNEL, MISUSE, THEFT, VANDALISM, FIRE, WATER, OR OTHER PERIL, OR MOVING REPAIR, RELOCATION OR ALTERATION OF THE EQUIPMENT NOT AtJTHORIZFD BY TELETRONICS, TELETRONICS SHALL NOT BE LIABLE FOR ANY DAMAGES INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, OR COMMERCIAL LOSS FROM ANY CAUSES, NOR FOR NEGLIGENCE OF TTX EMPLOYEES 11X LIABILITY IS LIMITED TO THE REPAIR OR REPLACEMENT OF DEFECTIVE PARTS. BOTH PARTIES ALSO AGREE THAT PREMIUM CHARGES ARE EXTENDED TO THIS WARRANTY FOR SERVICE PERFORMED BEYOND NORMAL. WORKING HOURS (BETWEEN 5-00 P.M AND 8-00 A M) AT THE THEN PREVAILING RATES Defective part A ShoreTel hardware component with a specific non-functioning element that in its repair will restore the component to full functionality (I e a ShoreTel handset or wall mount bracket replacement returning a ShoreTel telephone to full functionality) > &. DEFAULT If Customer breaches any provision of this Agreement, including, without limitation, its payment obligation, Customer shall be in default hereunder, and all unpaid amounts shall at TTX option, become immediately due and payable. Upon Customer's default, TTX shall have all the rights and remedies of a secured party under the Uniform Commercial Code, arid any other applicable laws. s-ertd-costs of Vol > 7. SEVERABILITY In the event of invalidity of any portion of this Agreement, the parties agree that such invalidity shall not affer.t the validity of the remaining portions of this Agreement, and TTX and Customer agrees to substitute for the invalid provision, a valid provision which must closely approximate the economic effect and intent of the invalid provision. > 8. LIABILITY FOR INJURY OR DAMAGE T IX, Inc. shall not be liable for any loss or injury to customer's personnel, agents, employees, assigns, customers or lessees, or lossor damage to customer's property arising from the service provided hereunder Or the use of equipment maintained by 1 IX, Inc, or for any damages caused by delay in rendering performance hereunder, or in any event for consequential Quote ID RU 100]671 22550 Ascoa GI I Slrongsv lle. Uti 441491 P: 216 778 6500 IF: 216 778 65111 W: www fix inc corn