Res 1997-092 - Laserfiche WebLink

Home Browse Search

jUN-~lðq'-l':;t':f( 1~:1ð4 W1LIt::L 713 307 4090 P.03/13 LIla services purchased thereunder. The Cash Price of the System, Delivery Dare and Installation Date shaH be subject to adjustment in the event of any mutually agreeable MAC. 4) CONTRACT DOCUMENTS The following individual documents, in order of precedence, comprise rhis Contract: (1) This Agreement and the attachments referenced in Section 5 below; (2) Service Agreement dated June 3, 1997 which is attached hereto and incorporated herein (the "Service Agreement"); (3) \VilTel's LAN Proposal dated April 29, 1997 (the "Proposal").. 5) ATTACHMENTS. The following documents are attached to and made a part of !his Agreement: Attachment I-A - Quotation #5897LGI Attachment I-B - Quotation #4997LG2 Attachment II - Network Diagram Attachment III - Major Outage ComponentS 6) CLAIMS, QUERIES Ai'ID RETURNS. a) No claims with regard to shortages, or discrepancies in or damage to components of the System will be accepted by WilTel unless Customer notifies WilTel in writing within 10 working days of installation. b) WitTel shall have no liability in respect of damage or shortages caused by the acts or omissions of the Customer or of others or by causes beyond WilTel' s control. c) No claim in respect of any invoice as to inaccuracies in price, qiscount, terms of payment or any other commercial terms will be accepted by WilTel unless Customer notifies WilTel in writing within 14 days of invoice. d) No claim by the Customer that it has not received an invoice will be accepted unless Customer notifies Wi1Tel in writing within 7 days from the date of the first statement of account from WilTel identifying such invoice. e) In any case referred to in subsections (a) (c) or (d) of this Section where notice has not been given by Customer within the relevant period, the Customer will be deemed to have accepted and be liable for the Cash Price of the System. f) If a claim is vaIidly made under this Section which may entitle the Customer to rerum a System component, WilTe1 shall not be bound to accept such return or exchange component unless the Customer complies strictly with WilTel r s return procedures as set forth in subsection (g) below, which may be modified by WilTe! from time to time on written notice. g) In the event Customer has cause to return a component, an RMA# (Return Merchandise Authorization number) must fITst be obtained from WilTel and must appear on all shipping labels of components to be returned. Components must be returned in the same condition as originally delivered, ordinary wear and tear excepted, and in original box/carton. 7) INDEI\1NIFICATION; LIMITATION OF LIABILITY. In consideration of me benefits received herein, WilTel specifically agrees to fully and completely indemnify, defend at its expense and hold harmless Customer, its officers, directors, employees, agents contractors, successors and\or assigns from and against any and all claims, liabilities, costs, causes of action, losses, judgments or damages for personal injury, death or damage (0 tangible physical property in any way arising oUt of or incidental to the perfonnance of any work or activities to the extent 2