Item 17 - Agreement with TPX Communications for Telecom Services

Home Browse Search

2/24/2021 Quote: 397773 / City of Santa Ana - Dash https://dash.tpx.com/ribeye/service/file?id=1377739&deleteAfterServing=1&inline=1 17/21 (A) Exclusions. Lost or stolen Equipment, or Equipment that appears to be damaged by intent, gross negligence or willful or reckless treatment shall not be covered under any TPx’s replacement obligation. Additionally, phone accessories and headsets shall not be covered under any TPx’s replacement obligation. MSx service(s) equipment replacement obligation terminates when the manufacturer no longer supports the equipment. (B) TPx’s Sole Obligation. TPx’s sole obligation with respect to Equipment is to repair the Equipment, deliver to Customer an equivalent replacement Equipment, or if neither of the two foregoing options is reasonably available, TPx may, in its sole discretion, refund to Customer the purchase price paid for the Equipment. Replacement Equipment may be new or reconditioned. The foregoing is Customer ’s sole remedy, and TPx’s sole obligation, with regard to defective Equipment. iii. Return / Exchange Policy for Purchased Equipment. (A) Returns and Exchanges. Should it be necessary to return Equipment, Customer may return it for a refund or exchange, excluding any shipping charges and subject to a restocking fee of twenty-five ($25.00) dollars per unit, within thirty (30) days after delivery. Defective Equipment may be repaired or exchanged for the same or equivalent model only, at TPx's discretion. All returned Equipment must be unregistered, in complete original manufacturer's packaging, same condition as sold, with all accessories, literature, instructions, documentation and blank warranty cards. (B) Exclusions. No returns will be allowed on: phone accessories and headsets, network cabling, original manufacturer computers, computer products, or software once opened. l. If Customer fails to approve or reject the equipment and pricing information on the Delivered Equipment Schedule after three email requests, TPx will remove the Installment Payment option for the equipment listed on the Delivered Equipment Schedule, and the total equipment cost will be due immediately from Customer. 3. HARDWARE CLAIMS POLICY FOR ALL EQUIPMENT PURCHASED FROM TPX Customer must inspect the Equipment carefully as to content and conditions upon receipt. All claims for damaged or missing items must be reported to TPx within two (2) business days of receipt of Equipment. In the event a package arrives damaged, it is the responsibility of Customer to contact TPx to inspect the package to assure full refund or replacement. All packaging must be retained until the problem is resolved. 4. LIMITATION OF LIABILITY WITHOUT LIMITING ANY LIMITATION OF LIABILITY IN SUBSECTION (d) OF SECTION 5 OF THE TERMS AND CONDITIONS ATTACHMENT TO THE AGREEMENT, TPX LIABILITY IS LIMITED TO THE MONETARY VALUE OF THE EQUIPMENT PURCHASED. SCHEDULE 1 Section A Customer Information SANTA ANA, CITY OF Company Legal Name (Individual if Sole Proprietorship) ENV91971328-9742-EAEE-4663-DBAC 03/11/2021 21:41 PM UTC