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1.0 PRODUCT AND SERVICES
1.1 Product Description. In addition to the Canadian General Terms and Conditions set forth at (http://ca.blackbox.com/about/terms-and-conditions-of-sale.aspx) (“Canadian General Terms”), these Canadian Additional Terms for data products set forth the supplementary legal rights and obligations governing Customer orders for the purchase, installation and warranty of Internetworking, and/or converged data Equipment and/or Software.
2.1 Capitalized terms not otherwise defined herein shall have the meaning given them in the Canadian General Terms. For the purpose of these Canadian Additional Terms for data products as set forth herein, the term “System” shall refer to Data System(s) only.
3.1 Acceptance is deemed to occur on the date of Delivery.
4.0 LIMITED WARRANTIES
4.1 IN ADDITION TO THE MANUFACTURER’S WARRANTY OR CONDITION, BLACK BOX WARRANTS AND CONDITIONS THAT INSTALLATION OF SYSTEMS WILL BE PERFORMED IN A GOOD AND WORKMANLIKE MANNER AND THAT THE SYSTEM WILL BE FREE FROM MATERIAL DEFECTS IN WORKMANSHIP FOR THIRTY (30) DAYS FROM PERFORMANCE (THE “WARRANTY PERIOD”). Customer’s SOLE AND EXCLUSIVE REMEDY for breach of any warranty or condition on a System installed by Black Box is limited to Black Box’s repair or replacement of the defective System or component at Black Box’s sole discretion and expense, or a prorated refund of the System Price, in the event the System or component cannot be repaired or replaced. If, however, it is determined that such remedy fails of its essential purpose, then Black Box’s entire liability for breach is limited to Black Box’s payment of Customer’s actual direct damages in an amount not to exceed the portion of the System Price allocable to the Equipment related to the claim.
4.2 For NEC Products Only. Neither NEC nor Black Box shall be responsible for the failure of any NEC Equipment to conform to published specifications, which failure is attributable to environmental or structural causes beyond NEC’s or Black Box’s control.
4.3 For Cisco Products Only. The warranties and conditions for Cisco Equipment may be found at the following URL: (www.cisco.com/go/warranty). The limited warranties and conditions referenced in this Section 4.3 do not apply if the Equipment:
(a) has been altered, except by Cisco;
(b) has not been installed, operated, repaired, used or maintained by Black Box in accordance with instructions made available by Cisco;
(c) has been subjected to abnormal or unusual physical or electrical stress or environmental conditions, misused, or negligently handled or operated; or
(d) is acquired by Customer for beta, evaluation, testing, demonstration purposes.
4.4 For ShoreTel Products Only.
4.4.1 Limited Warranty. BLACK BOX WARRANTS AND CONDITIONS THAT THE SYSTEM IT INSTALLS WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP AND WILL OPERATE IN ACCORDANCE WITH MANUFACTURER’S SPECIFICATIONS FOR ONE (1) YEAR FROM EQUIPMENT SHIPMENT.
4.4.2 Exclusions. The express warranty and condition set forth in Section 4.4.1 above specifically excludes and does not apply to defects to System:
(a) caused through no fault of Black Box or manufacturer during shipment;
(b) caused through defects or damages caused by acts of God and misuse;
(c) caused by the use or operation of System in an application or environment other than that intended or recommended by ShoreTel;
(d) caused by modifications or alterations made to the System by any third party;
(e) which are the result of the System being subjected to unusual physical or electrical stress; or
(f) which are caused by the use of the System in connection with other products not provided by ShoreTel and installed by Black Box, and which would not arise from the use of the System alone.
4.4.3 Remedies. The sole remedy of Customer, and the sole liability and obligation of Black Box, arising out of the foregoing warranty and condition, is for Customer to return the defective System to Black Box for repair or replacement at Black Box’s option. Black Box shall use commercially reasonable efforts to correct any material non-conformity with the published specifications for the Software, and to provide a corrected version of the Software to Customer. The foregoing states the sole liability and obligation of Black Box, and the sole remedy of Customer arising out of the foregoing warranty and condition.
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