Res 1995-082 - Laserfiche WebLink

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/~qc, WILTEL " /.!b \...C'dTd'<;. (Q<;;PO'h'S<' <; d) \VilTel '\-'\-ill provide end-user training to employees of Customer in accordance withrSection$ tl , '~of the RFP. The System or any part thereof may be new or like new. Vb XlI <x'M.i. e) Acceptance. Acceptance period at each site shall begin on the day following Cutover and shall continue until the System has operated for thirty (30) consecutive days without a "major case of trouble"; a major case of trouble shall be defined as any problem, not caused by the serving public utility or other events of force majeure, that results in a re?uction of 10 percent (10%) or more of incoming, outgoing or intercom traffic at the site. Following restoration of service, the acceptance period shall begin again and continue until the thirty (30) day acceptance period is satisfactorily completed. Upon acceptance at each site, Customer will certify in writing its acceptance of the System at that site, substantially in the form as set forth in the attached Certificate of Delivery and Acceptance. Acceptance of the System at one site is not contingent upon nor affected by Acceptance of the System at anyone of the other Customer sites included in this Agreement. 10) LIlVIITED vV ARRANTY A1~D MAINTENANCE. a) FOR A PERIOD OF ONE YEAR FROM THE CUTOVER DATE (THE WARRANTY PERIOD), vVILTEL WARRANTS THAT THE SYSTEM ~L BE FREE FROM DEFECTS IN MATERIALS AND WORKtviANSHIP. IF WARRANTY WORK IS NECESSARY, vVILTEL \VILL, AT ITS OPTION, (i) REPAIR THE SYSTEM IN PLACE OR (ii) ACCEPT RETURN OF THE SYSTEM, OR COMPONENTS OF THE S'YSTElVI, FOR REPAIR OR REPLACEì\-ŒNT. SUCH REPAIR OR REPLACEl\1ENT, INCLUDING BOTH PARTS Ai~D LABOR, WILL BE AT vVILTEL'S EXPENSE. b) THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES. THIS AGREEMENT EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE \VARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WIL TEL DISCLAIMS ANY WARRANTY TO PREVENT UNAUTHORIZED USE OF THE SYSTEM INCLUDING TOLL FRAUD. c) Customer's SOLE AI'll) EXCLUSIVE REl\1EDY for breach of warranty is limited to \VilTel r s performance as set forth above and WilTel's liability will cease at the end of the Warranty Period except for those defects discovered during the warranty period provided Customer gives \VilTel written notice of the discovery of such defects within one hundred and eighty (180) days of the end of the \Varranty Period. WilTel shall not be liable for manufacturing defects not discovered within the vVarranty Period. Repair and replacement parts may be ne'\-".' or like new. d) The warranty above and any service pursuant to a Service Addendum excludes repairs or replacements, whether occasioned by Customer or a third party, made necessary by misuse, negligence, accident, theft or unexplained loss, abuse, connection to foreign or non-dedicated electric current, fIre, water, flood, wind, storms, lightning, any act of God or public enemy, - 4-