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1999-073
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1999-073
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Last modified
7/27/2023 12:13:36 PM
Creation date
7/27/2023 10:57:32 AM
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Template:
Official Documents
Official Document Type
Contract
Approved Date
03/16/1999
Control Number
1999-073
Subject
Ericsson Year 2000 Upgrade Proposal Contract Update. Y2K Situation
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I—] <br />• <br />D. If any PRS Replacement Product fails to meet the foregoing <br />warranties, Seller small correct the failure at its option (i) by <br />by <br />repairing any defective or damaged part <br />parts <br />making available at Seller's factory any necessary repaired or <br />replacement parts. Any repaired or replacement part furnished <br />hereunder shall be warranted for the remainder of the warranty <br />period of the PRS Replacement Product in which it is installed. <br />Where such failure cannot be corrected by Seller's reasonable <br />efforts, the parties will negotiate an equitable adjustment in price <br />not to exceed the purchase price of the PRS Replacement <br />Product(s) in question. Labor to perform warranty service will be <br />provided at no charge only for the PRS Replacement Products <br />covered under Paragraph C.3 above and only during the first three <br />(3) months following the date of delivery of the PRS Replacement <br />Product to the Buyer. Thereafter, labor will be charged at prevailing <br />rates. To be eligible for no -charge labor, service must be <br />performed by a service provider authorized by Seller for these <br />purposes, either at its place of business, during normal business <br />hours for mobile or personal equipment, or at the Buyer's location, <br />for fixed location equipment. Service on fixed location equipment <br />more than thirty (30) miles from the authorized service provider's <br />place of business will include a charge for transportation. PRS <br />Replacement Products located off -shore are not eligible for no - <br />charge labor. <br />E. Seller's obligations under Paragraph 10.D above shall not apply to <br />any PRS Replacement Product, or part thereof, which. (i) has been <br />modified or otherwise altered other than pursuant to Seller's written <br />instructions or written approval; or (ii) is normally consumed in <br />operation; or (iii) has a normal life inherently shorter than the <br />warranty periods specified in Paragraph 1.0.0 above; or (iv) is not <br />properly stored, installed, used, maintained or repaired; or (v) has <br />been subjected to any other kind of misuse or detrimental exposure <br />or has been involved in an accident; or (vi) has been disabled or <br />adversely affected by any Vendor Product or Excluded Product or <br />other cause beyond Seller's control, including any Year 2000 <br />Readiness issues, such as those to be addressed for Buyer by <br />Buyer's Y2K Expert. <br />F. The warranty for any software provided by Seller is set forth in the <br />EDACS FX Agreement. <br />G. 'EXCEPT FOR THE TERMS OF THE YEAR 2000 READINESS <br />WARRANTY SET FORTH IN PARAGRAPH 11 BELOW, THE <br />PRECEDING PARAGRAPHS SET FORTH THE EXCLUSIVE <br />(`nttlta;�', IK i'•m1t 1,t 1i++tne1{Ic lio.d %Cf%1011 Sac 1 <br />
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