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1.0 PRODUCT AND SERVICES
1.1 Product Description. In addition to the Canadian General Terms and Conditions as set forth at (http://ca.blackbox.com/about/terms-and-conditions-of-sale.aspx) (“Canadian General Terms”), these Canadian Additional Terms for network infrastructure products set forth the supplementary legal rights and obligations governing Customer orders for the purchase, installation and warranty of network infrastructure services, including structured cabling, for data networks and voice systems (hereinafter referred collectively as “Services”).
2.1 Capitalized terms not otherwise defined herein shall have the meaning given them in the Canadian General Terms.
3.0 CHANGES AND DELAYS
3.1 Change Events. The parties acknowledge and agree that the occurrence of any of the following events may require the performance of additional work, an extension in the schedule and/or an increase in the fees and expenses payable by Customer under an Order or SOW: (a) a change to or deficiency in the information which Customer has supplied to Black Box; (b) a failure by Customer and/or any of its other contractors to perform any of their respective responsibilities within a specified or required timeframe, (c) circumstances beyond the reasonable control of either of the parties, including a Force Majeure Event; (d) a change in any law, rule or regulation; or (e) the failure of any condition in an Order or SOW to be satisfied (each, a “Change Event”).
3.2 Change Orders. In the event of the occurrence of a Change Event, Black Box shall prepare and provide to Customer a proposed change order. Customer shall review the proposed change order and either (a) approve the proposed change order or (b) notify Black Box of any item(s) set forth in the proposed change order of which Customer disapproves, in which case Customer and Black Box shall use reasonable commercial efforts to resolve such items within fifteen (15) calendar days of Customer’s receipt of the proposed change order. Notwithstanding any other provision contained herein, Black Box shall not be required to commence the work described in the proposed change order unless and until Customer and Black Box have mutually agreed in writing upon the proposed change order, including, without limitation, the additional work, an estimated extension of the schedule and/or an increase in the fees and expenses payable by Customer. Upon such mutual written agreement, the proposed change order shall constitute a “Change Order” and an amendment to the Order and/or SOW, and the work set forth in the Change Order shall constitute Services. Black Box shall not be liable for any delays resulting from Customer’s rejection of, or delay in approving, a proposed Change Order.
3.3 Delays. Customer shall be responsible for ensuring that the site where the Services are to be performed is available and prepared for the performance of the Services and for ensuring the timely availability of any Customer personnel necessary for the proper performance of the Services. If any delays or deficiencies in the performance of the Services occur as a result of changes or any untimely performance by Customer and/or any of its other contractors, the term of this Agreement, including the related Order or SOW, shall be extended to the extent of any such delay, Black Box shall be compensated for any fees and expenses incurred as a result of such delay, and Black Box shall not incur any liability to Customer as a result of such delay or deficiencies. If such delays last for ninety (90) days or more, Black Box shall be entitled to terminate the applicable Order or SOW, by giving thirty (30) days prior written notice to Customer.
4.1 Pricing for the Services provided under this Addendum shall be determined on a fixed fee or per time and materials basis as set forth in the applicable Order or SOW (“Rates”).
5.0 LIMITED WARRANTY
5.1 Warranty. Black Box warrants that all structured cabling products shall be free from defects in material or workmanship under proper and normal use and will conform to the specification for a period of one (1) year from delivery.
5.2 Additional Warranty. Unless otherwise set forth in this Agreement, all manufacturer’s end user warranties for equipment provided hereunder are passed through to Customer. Black Box will provide reasonable assistance to Customer in presenting any such equipment claims to the manufacturer. The Customer’s sole and exclusive remedy for any breach of a manufacturer’s warranty shall be limited to the remedies set forth in the manufacturer’s end use warranties.
5.3 Services Warranty. The warranty or condition for any Services provided by Black Box to Customer under this Addendum, other than installation of structured cabling systems, is limited to thirty (30) days from the date of performance of the Services.
5.4 Remedies. Black Box’s sole liability and obligation, and Customer’s sole and exclusive remedy, for failure by Black Box to meet any of the warranties or conditions set forth in this Section shall be, at Black Box’s option, to:
(i) re-perform the defective Services;
(ii) repair or replace the defective products; or
(iii) in the event that (i) and (ii) are not commercially practicable, refund the fees previously paid by Customer to Black Box for the defective Services or products.
5.5 Limitations. The warranties and conditions set forth in this Section apply solely to Customer and to no other third parties. Such warranties or conditions are not applicable to any deficient Services or products where such deficiency is caused by:
(i) any actions of third parties, where such actions were not expressly approved by Black Box in writing;
(ii) the failure by Customer or any third party to follow Black Box’s installation, operation or maintenance instructions;
(iii) any failure of third party products that were not provided or serviced by Black Box; or
(iv) any abuse, misuse or negligent acts of Customer or any third parties.
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