Computer System and Software Agreement - Toro NSN

Home Browse Search

Unlimited Toll -Free Support Monday — Friday 6:00 a.m. — 6:00 p.m. Central Time at 1-800-275-8676 (1-800-ASK-TORO) Operated during the hours of 6:00 a.m. through 6:00 p.m. Central Time, the toll -free help line is available to assist with questions or issues relating to the operation of the TORO central control system. Issues which cannot be diagnosed will be referred to the appropriate Toro technical or distributor staff. The precise service hours are dictated by support call demand and are subject to change accordingly without notice. After-hours On -call Support Technician Emergency support is available after-hours and on weekends and holidays through the TORO NSN paging system by calling 1-800-275-8676 (1-800-ASK-TORO) and following the instructions. "Minimum Down -Time" Commitment In the event that a warranty component must be replaced under this Agreement, the support technician logging the call from the Customer will arrange to place a replacement component with a third -party courier for delivery on the next shipping day if the call is received by 1:00 p.m. Central Time. All calls received after this time, calls received on days when volume of replacement components is high, or calls received on weekends and holidays are not guaranteed for overnight delivery, but will receive priority handling the next business day. Shipments whose destinations are beyond the borders of the continental United States cannot be guaranteed overnight delivery based on varying turnaround times associated with customs. Allow a minimum of 48-hours in these cases. TORO NSN assumes no responsibility for the delivery guarantees of the overnight courier, and is not responsible for delays after the package is in transit. Customer agrees to return the replaced component to TORO NSN within seven business days. Warranty Period Three Years, effective upon receipt of the signed Agreement and initial payment due at the TORO NSN office. In the case of customers with existing Agreements, this Agreement becomes effective upon receipt of the signed Agreement and initial payment and the expiration or cancellation of your existing Agreement. B. SOFTWARE Non -Toro Software applications provided with this Agreement are warranted exclusively by their respective manufacturers. ,ME 7{;�43W1lli�=:7 TORO NSN DISCLAIMS ALL OTHER WARRANTIES IN CONNECTION THEREWITH, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY IS GIVEN THAT THE HARDWARE AND SOFTWARE WILL MEET CUSTOMER REQUIREMENTS, OR THAT USE OF THE HARDWARE OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR -FREE. IN NO EVENT WILL TORO NSN BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, GENERAL OR CONSEQUENTIAL DAMAGE OR LOSS OF ANY NATURE THAT MAY ARISE IN CONNECTION WITH THE USE OR INABILITY TO USE THE HARDWARE OR SOFTWARE, SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF ANY IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO ALL CUSTOMERS. THE EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE, AT TORO NSN'S OPTION, EITHER REPAIR OR REPLACEMENT OF THE HARDWARE OR PORTIONS THEREOF IF DEFECTIVE. THIS AGREEMENT DOES NOT COVER DAMAGE SUSTAINED TO THE SYSTEM AS A RESULT OF OWNER/OPERATOR NEGLIGENCE, ELECTRICAL POWER INTERRUPTION, LIGHTNING, FIRE, THEFT OR ACTS OF GOD. IV. SUPPORT SERVICES In consideration for Customer's payment of all applicable fees, TORO NSN shall provide the Support Services described below ("Support Services"). TORO NSN will make Support Services available for all Hardware and Software provided by TORO NSN to the Customer during the term of this Agreement. Unlimited Toll -Free Support Monday -- Friday 6:00 a.m. — 6:00 p.m. Central Time at 1-800-275-8676 (1-800-ASK-TORO) Operated during the hours of 6:00 a.m. through 6:00 p.m. Central Time, the toll -free help line is available to assist with questions or issues relating to the operation of the TORO central control system. Issues which cannot be diagnosed, will be referred to the appropriate Toro technical or distributor staff. The precise service hours are dictated by support call demand and are subject to change accordingly without notice. Page 2 of 5