POSITRON -2004 - Laserfiche WebLink

Home Browse Search

PART III WARRANTIES \,.. 3.1 Contractor Commitments, Warranties and Representations. The Contractor warrants that each Positron Application shall, for a period of one year following acceptance of such Positron Application in accordance with the Statement of Work, conform to the As-Built Specifications with respect to such Positron Application. Upon acceptance of each Positron Application (on an application-by-application basis) in accordance with the Statement of Work, the City may enter into the Master Support Agreement (the "Support Agreement") set forth as Exhibit F, pursuant to which Positron will provide warranty support for a period of one year, without cost to the City. Following the expiration of the warranty period, the City will pay Positron the applicable support fee if such Master Support Agreement is entered into so long as no technical support problems remain unresolved, thus commencing the extended support for such Positron Application. 3.2 Warranty for Third Party Products. The Contractor makes no warranty with respect to any software or hardware components specified in the Project Deliverables other than the Positron Applications. Warranty coverage for Third-Party Products shall be passed through to the City and provided in accordance with the original manufacturers' warranty provisions. To the extent it has been authorized to do so, the Contractor shall take all reasonable steps to assist the City in coordinating technical support under any warranty arrangement with respect to any Third-Party Products. For any equipment specified in the Project Deliverables and provided by Positron under this Agreement that is no longer available due to model changes or other reasons beyond the reasonable control of positron, Positron shall provide equipment of same or equal quality, performance and capacity. For any Third-Party Product which is no longer available due to model changes or other reasons beyond the control of the Contractor, the Contractor shall provide equipment from the same or other City-approved manufacturer, upon the same terms and conditions, including price, as set forth herein, and said equipment shall be of same or better quality, performance and capacity as the equipment originally specified in the Project Deliverables. 3.3 Documentation. The Contractor shall provide current and accurate Documentation with respect to each Positron Application. including. without limitation. training materials for each Positron Application and sufficient copies thereof. as prescribed in the Statement of Work. It is the intent of the parties that the training materials be writ in a manner so that City personnel may utilize the materia as a reliable resource for understanding the System's operations, \,..' '"" Primary Agreement Page 10