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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 voice products set forth the supplementary legal rights and obligations governing Customer orders for the purchase, installation and warranty of voice Equipment and/or Software.
2.1 Capitalized terms not otherwise defined herein shall have the meaning given them in the Canadian General Terms.
2.2 For the purpose of these Canadian Additional Terms for voice products as set forth herein, the term “System” shall refer to Voice System(s) only.
2.3 “Cutover” occurs when a System is connected to the network, activated and functioning to provide basic service, excepting minor variances in performance of the System that do not materially impair basic voice service.
3.0 SYSTEM FEE ADJUSTMENTS
3.1 Black Box shall perform Modifications only pursuant to an executed Job Change Order (“JCO”) before System Cutover, or a Customer Service Order (“CSO”) after Cutover. All JCOs and CSOs must be executed by both Black Box’s and Customer’s designated Project Managers; provided, that Black Box may unilaterally implement a no-cost JCO for any Modification that does not affect the installation date. All fully executed and approved JCOs and/or CSOs shall be deemed incorporated into this Agreement.
4.1 After Black Box installs a System, Black Box shall test the System in accordance with the manufacturer’s diagnostic and readiness test specifications. The System will be deemed accepted by Customer after it has been Cutover and has operated in accordance with the manufacturer’s specifications for five (5) business days (“Acceptance”) unless, within that time, Customer has provided Black Box written notice of deficiencies in operation or Customer has executed a Certificate of Delivery and Acceptance (“CDA”) as set forth herein. If Customer has provided such notice, Black Box shall correct any actual deficiencies and System will operate in accordance with the Acceptance criteria as set forth above, then System shall be deemed Accepted and Customer shall certify its Acceptance of the System promptly in writing, not to be unreasonably withheld or delayed. If requested by Black Box, Customer will, upon Acceptance, promptly execute a CDA. If a System is installed in phases, Black Box may request a CDA be executed by Customer following completion of each such phase and Customer agrees to execute as requested.
5.0 LIMITED WARRANTIES
5.1 Specific Product Limited Warranties
5.1.1 For Avaya and NEC Products Only. 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 CUTOVER (THE “WARRANTY PERIOD”); provided, however, that if Cutover is delayed more than thirty (30) days due to Customer’s acts, omissions or delays, the Warranty Period shall be reduced by such number of days in excess of thirty (30) calendar days. NOTWITHSTANDING THE FOREGOING, IF CUSTOMER ORDERS AN UPGRADE TO AN EXISTING SYSTEM, THE WARRANTY PERIOD SHALL END AT THE EXPIRATION OF THE WARRANTY PERIOD OF THE EXISTING SYSTEM OR ANNUAL MAINTENANCE TERM FOR THE EXISTING SYSTEM OR, IF NO SUCH WARRANTY PERIOD OR MAINTENANCE TERM EXISTS, NINETY (90) DAYS AFTER CUTOVER.
5.1.2 For Unify Products Only.
188.8.131.52 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 RETURN TO FACTORY, PARTS EXCHANGE WARRANTY FOR ALL PRODUCT HARDWARE COMPONENTS, EXCLUDING CONSUMABLES, COMMENCING ON THE PRODUCT SHIPMENT DATE, EXCEPT FOR THE HiPath® Slcurity® DirX EQUIPMENT AND HiPath and Slcurity Card EQUIPMENT THAT HAS A NINETY (90) DAY WARRANTY PERIOD.
184.108.40.206 BLACK BOX WARRANTS AND CONDITIONS THAT THE SOFTWARE IT INSTALLS WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP AND WILL OPERATE IN ACCORDANCE WITH MANUFACTURER’S SPECIFICATIONS FOR NINETY (90) DAYSCOMMENCING ON THE PRODUCT CUTOVER DATE. THE HiPath SimplyPhone 1ST AND 3RDPARTY SOFTWARE, WHICH HAVE AN “AS IS” WARRANTY, THE HiPath OpenOffice EE PRODUCT SOFTWARE, HiPath 3000 Real-Time IP SYSTEM PRODUCT SOFTWARE AND HiPath OpenOffice ME PRODUCT SOFTWARE ARE EXCLUDED FROM THIS WARRANTY. (c) BLACK BOX WARRANTS AND CONDITIONS THAT THE HiPath OpenOffice EE PRODUCT SOFTWARE, THE HiPath 3000 Real-Time IP SYSTEM PRODUCT SOFTWARE AND HiPath OpenOffice ME PRODUCT SOFTWARE 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 CUTOVER.
220.127.116.11 BLACK BOX WARRANTS AND CONDITIONS THAT THE OMNIKEY CARD PART OF THE HiPath Slcurity Card PRODUCT IT INSTALLS WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP AND WILL OPERATE IN ACCORDANCE WITH MANUFACTURER’S SPECIFICATIONS FOR NINETY (90) DAYS.
5.1.3 IN ADDITION, BLACK BOX WARRANTS AND CONDITIONS THAT BLACK BOX PROVIDED UPGRADES, MODIFICATIONS OR ADDITIONS TO EXISTING SYSTEMS OR SYSTEMS NOT INSTALLED BY BLACK BOX WILL BE FREE FROM DEFECTS IN MATERIALS FOR NINETY (90) DAYS FROM DELIVERY. THIS WARRANTY DOES NOT EXTEND TO DEFECTS OR ERRORS IN INSTALLATION WHEN A SYSTEM IS INSTALLED BY CUSTOMER OR A THIRD PARTY. BLACK BOX WILL ACCEPT RETURN OF MALFUNCTIONING COMPONENTS OF THE SYSTEM FOR REPAIR OR REPLACEMENT DURING THE WARRANTY PERIOD. AT CUSTOMER’S REQUEST, BLACK BOX WILL REPAIR THE SYSTEM AT THE PREMISES, AT CUSTOMER’S EXPENSE, AT BLACK BOX’S THEN CURRENT TIME AND MATERIAL RATES.
5.2.1 Customer’s SOLE AND EXCLUSIVE REMEDY for breach of any warranty or condition on a System installed by Black Box is limited to the remedies set forth in this Section and is subject to the other limitations set forth above. 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.
5.2.2 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.
5.2.3 Systems Installed by Black Box. During the Warranty Period, as defined above or in the SOW or the applicable Service Plan, Black Box will, at its option and expense: (x) repair a System at the Premises, or (y) accept return of System components for repair or replacement. Repair and replacement parts may be new or reconditioned to be the functional equivalent of new.
5.2.4 Dropshipped Systems. During the Warranty Period, as defined above or the applicable Service Plan, Black Box will provide a depot parts service for malfunctioning components.
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