Agmt95 Motorola Communications - Laserfiche WebLink

Browse Search

t'; . Unless specifically included in the Attachments, Service does not include repair or maintenance of any transmission line, antenna, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligation or responsibility for any transmission medium, such as telephone lines, computer networks, or the worldwide web, or for Equipment malfunction caused by such transmission medium. C. Unless specifically included in the Attachments, Service of Equipment does not include items that are consumed in the course of normal operation of the Equipment, such as, but not limited to, batteries, magnetic tapes, and computer supplies. D. Service does not include reprogramming ofEquipment~ accessories, belt clips, or battery chargers~ custom or Special Products~ modified units~ or software. E. Service does not include certification programs, software support, reprogramming, or modifications to Equipment related to assuring the correct processing, providing, or receiving of date data ftom, into, or between the year 1999 and the year 2000. SECTION 5 RIGHT TO SUBCONTRACT/ASSIGNMENT Motorola may assign its rights and obligations under this Service Agreement and may subcontract any portion of MotorolaÕs performance called for by this Service Agreement. SECTION 6 TIME AND PLACE OF SERVICE Service will be provided at the location specified in the Attachments. When Motorola performs service at the EquipmentÕs location, Customer agrees to provide Motorola, at no charge, a non- hazardous environment for work with shelter, heat, light, and power and with full and ftee access to the Equipment. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing that enable Motorola to perform its obligations under this Service Agreement. Unless otherwise specified in the Attachments, the hours of Service will be hours of8:30 a.m. to 4:30 p.m., excluding weekends and holidays. SECTION 7 PAYMENT Motorola wilJ invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice within thirty (30) days of the invoice date to the Motorola office designated by Motorola. Customer" agrees to reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments (except income, profit, and fÌ"anchise - ....- taxes of Motorola) now or hereafter imposed on this Service Agreement by any governmental entity. Motorola does not by this Agreement make any price guarantees except as stated in the Order Form. SECTION 8 WARRANTY Motorola warrants that its Services under this Service Agreement will be ftee of defects in materials and workmanship for a period of ninety (90) days beyond the expiration or termination of this Agreement. CustomerÕs sole remedies are to require Motorola to re-perform the affected Service or to refund, on a pro-rata basis, the Service fee paid for the affected Service. MOTOROLA DISCL~S ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SECTION 9 CERTIFICATION DISCLAIMER Unless signed by a Motorola authorized signatory, Motorola specifically disclaims all certifications regarding the manner in which Motorola conducts its business or performs its obligations under this Service Agreement. SECTION 10 DEFAULTITERMINATION A. Customer agrees to provide . "r I