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TPX COMMUNICATIONS, INC.
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Last modified
4/13/2021 3:11:52 PM
Creation date
4/13/2021 3:07:00 PM
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Contracts
Company Name
TPX COMMUNICATIONS, INC.
Contract #
A-2021-041
Agency
Information Technology
Council Approval Date
4/6/2021
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2/24/2021 <br />Quote: 397773 / City of Santa Ana - Dash <br />(A) Exclusions. Lost or stolen Equipment, or Equipment that appears to be damaged by intent, gross negligence or <br />willful or reckless treatment shall not be covered under any TPx's replacement obligation. Additionally, phone <br />accessories and headsets shall not be covered under any TPx's replacement obligation. MSx service(s) <br />equipment replacement obligation terminates when the manufacturer no longer supports the equipment, <br />(B) TPx's Sole Obligation. TPx's sole obligation with respect to Equipment is to repair the Equipment, deliver to <br />Customer an equivalent replacement Equipment, or if neither of the two foregoing options is reasonably <br />available, TPx may, in its sole discretion, refund to Customer the purchase price paid for the Equipment. <br />Replacement Equipment may be new or reconditioned. The foregoing is Customer's sole remedy, and TPx's <br />sole obligation, with regard to defective Equipment. <br />iii. Return / Exchange Policy for Purchased Equipment. <br />(A) Returns and Exchanges. Should it be necessary to return Equipment, Customer may return it for a refund or <br />exchange, excluding any shipping charges and subject to a restocking fee of twenty-five ($25.00) dollars per <br />unit, within thirty (30) days after delivery. Defective Equipment may be repaired or exchanged for the same or <br />equivalent model only, at TPx's discretion. All returned Equipment must be unregistered, in complete original <br />manufacturer's packaging, same condition as sold, with all accessories, literature, instructions, documentation <br />and blank warranty cards. <br />(B) Exclusions. No returns will be allowed on: phone accessories and headsets, network cabling, original <br />manufacturer computers, computer products, or software once opened. <br />I. If Customer fails to approve or reject the equipment and pricing information on the Delivered Equipment Schedule after three email <br />requests, TPx will remove the Installment Payment option for the equipment listed on the Delivered Equipment Schedule, and the total <br />equipment cost will be due immediately from Customer. <br />3. HARDWARE CLAIMS POLICY FOR ALL EQUIPMENT PURCHASED FROM TPX <br />Customer must inspect the Equipment carefully as to content and conditions upon receipt. All claims for damaged or missing items <br />must be reported to TPx within two (2) business days of receipt of Equipment In the event a package arrives damaged, it is the <br />responsibility of Customer to contact TPx to inspect the package to assure full refund or replacement. All packaging must be retained <br />until the problem is resolved. <br />4. LIMITATION OF LIABILITY <br />WITHOUT LIMITING ANY LIMITATION OF LIABILITY IN SUBSECTION (d) OF SECTION 5 OF THE TERMS AND CONDITIONS <br />ATTACHMENT TO THE AGREEMENT, TPX LIABILITY IS LIMITED TO THE MONETARY VALUE OF THE EQUIPMENT <br />PURCHASED. <br />SCHEDULE1 <br />Section A Customer Information <br />SANTA ANA, CITY OF <br />Company Legal Name (Individual if Sole Proprietorship) <br />'TV91}tipR*�F x.` i4ramie/sgice/R=1377739&deleteAfterServing=l&inline=1 17121 <br />
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