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AT8~T Equipment Solutions -Voice CPE Resale and Support Services <br />Addendum To Master Agreement <br />G. In the event AT&T responds to Customer's request for Service and AT&T reasonably determines that the problem <br />was not caused by the Equipment maintained herein, Customer will be responsible for additional charges for such <br />response at AT&T's then prevailing rates. <br />AT&T's responsibility with respect to its obligation to provide maintenance Service under this Addendum shall be <br />limited to the Customer's side of the CPE residing on the Demarcation Point ("Demarcation Point" is defined as the <br />point between facilities controlled or owned by the local telephone carrier and those facilities controlled or owned by <br />Customer). Maintenance Services include maintenance as described herein for: (i) the CPE and/or associated <br />system software stated herein; and (ii) such other equipment and/or software which is subsequently added to this <br />Addendum by an Order, attachment or other applicable document. In the event that AT&T responds to Customer's <br />request for Service and Customer's claim of CPE malfunction is due to problems on the local telephone utility's side <br />of the Demarcation Point due to malfunctions in equipment or software other than that covered by this Addendum, <br />Customer will be responsible for additional charges for such response in accordance with AT&T's then prevailing <br />rates. <br />I. AT&T may suspend performance or terminate this Addendum if Customer fails to pay all amounts due by the <br />applicable due date and such failure is not cured within 10 days of receiving AT&T's notice of non-payment. <br />3. SHIPPING AND DELIVERY <br />A. All shipping, transportation and delivery charges for the Equipment, including expedites, shall be paid by Customer. <br />AT&T shall use commercially reasonable efforts to deliver the Equipment by the delivery date specified in this <br />Addendum. Customer may, upon written notice to AT&T no later than ten (10) days prior to delivery, postpone the <br />delivery, installation or Cutover dates specified in this Addendum one (1) time. <br />B. Such postponement shall not exceed thirty (30) days from the originally scheduled delivery, installation or Cutover <br />dates and is subject to price changes. <br />4. INSTALLATION AND CUTOVER <br />In the event AT&T connects the Equipment or installs the Software on such Customer owned equipment, AT&T shall not <br />be liable for any damage to such Customer owned equipment, unless due to AT&T's sole negligence. AT&T shall use <br />commercially reasonable efforts to complete installation and Cutover of the Equipment by the dates specified in this <br />Addendum. Cutover shall be deemed accomplished upon connection to the telephone network to place and receive calls. <br />Cutover of Equipment that is not dependent on the telephone network will occur when the Equipment is operational. <br />5. WARRANTY AND WARRANTY EXCLUSIONS FOR NORTEL SOLUTIONS <br />A. Unless otherwise provided within Bill of Materials, Statement of Work or other attachment, the "Warranty Period" for <br />Equipment shall be twelve (12) months (and in the case of AT&T-provided Software related to the Equipment, ninety <br />(90) days (or such longer period provided by AT&T's applicable Software licensor)) from the date of delivery to the <br />carrier for shipment, or from the date of installation when AT&T provides installation (or from such other date as <br />determined by the applicable EquipmenUSoftware manufacturer/licensor). AT&T warrants that during the Warranty <br />Period, the EquipmenUSoftware shall materially conform to the manufacturer's/licensor's published specifications. If <br />Customer notifies AT&T of a material defect during the Warranty Period, AT&T shall, at AT&T's sole option, repair or <br />replace the EquipmenUSoftware, free of charge to Customer. AT&T's repair or replacement of EquipmenUSoftware <br />shall be Customer's sole remedy for breach of the warranty as stated herein. All warranty Services will be <br />performed during Normal Business Hours (8:00 AM - 5:00 PM local time) unless the Customer has <br />purchased Complete level of warranty Service (as described in Section 7 below)at the time of initial <br />purchase. All warranty Services performed outside of Normal Business Hours will be charged on a per occurrence <br />basis billed in ffteen (15) minute increments with a minimum of two (2) hours at AT&T's then prevailing hourly or <br />premium hourly rate including travel time to and from Customer's Site. <br />B. During the Warranty Period, any change in the location of CPE must be performed by AT&T and shall be at <br />Customer's expense. <br />C. Customer may request warranty Service twenty-four (24) hours a day, seven (7) days a week by calling AT&T. If <br />Customer's problem is an Emergency, AT&T will use reasonable commercial efforts to respond to Customer's report <br />of a malfunction by beginning remote diagnosis, as appropriate within two (2) business hours for PBX systems and <br />four (4) business hours for key, hybrid or any other system, and will complete the appropriate repairs as soon as <br />reasonably practical. Remote diagnostics require customer-provided access line and remote access device <br />on all covered equipment with capabilities. <br />AT&T and Customer Confidential Information <br />Addendum_Voice_CPE_Support_Services Page 4 of 7 Revision Date 03/10/09 <br />STANDARD <br />