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immixTechnQlogy,lnc. <br />a sutasidsary at mmixUr <br />TERMS AND CONDITIONS APPLICABLE TO <br />MAINTENANCE, REPAIR SERVICE AND REPAIR <br />PARTS/SPARE PARTS FOR GOVERNMENT- <br />OWNED GENERAL PURPOSE COMMERCIAL <br />INFORMATION TECHNOLOGY EQUIPMENT, <br />RADIO/TELEPHONEEQUIPMENT, (AFTER <br />EXPIRATION OFGUARANTEE/WARRANTY <br />PROVISIONS AND/OR WHENREQUIRED SERVICE <br />IS NOT COVERED BYGUARANTEE/WARRANTY <br />PROVISIONS) AND FOR LEASED EQUIPMENT <br />(SPECIAL ITEM NUMBER 132-12) <br />1. GLOSSARY OF DEFINITIONS <br />a. "Documentation" shall mean Manufacturers then current <br />help guides, specifications and operating manuals issued by <br />Manufacturer and made generally available by Manufacturer for <br />the Equipment whether on-line or in hard copy. <br />b. "Maintenance Services" shall mean the services provided <br />by Contractor through an applicable Manufacturer under this <br />contract in accordance with the Manufacturer's then current <br />Maintenance Services Policy. <br />c. "Maintenance Services Policy" shall mean the <br />commercial terms describing a Manufacturers standard <br />maintenance and support offerings, policies and procedures for <br />its Equipment, a copy of which is set forth in Attachment A to this <br />schedule pricelist. <br />d. "Equipment" shall mean the computer hardware identified <br />on Attachment B to this schedule pricelist. <br />guarantee/warranty period associated with the purchase of <br />Equipment. Orders for Maintenance Service shall not extend <br />beyond the end of the contract period. <br />c. Maintenance Services may be discontinued by the <br />Ordering Activity on thirty (30) calendar days written notice, or <br />shorter notice when agreed to by the Contractor; such notice to <br />become effective thirty (30) calendar days from the date on the <br />notification. However, the Ordering Activity may extend the <br />original discontinuance date upon written notice to the Contractor, <br />provided that such notice is furnished at least ten (10) calendar <br />days prior to the original discontinuance date. <br />d. Annual Funding. When annually appropriated funds <br />are cited on a maintenance order, the period of maintenance <br />shall automatically expire on September 30th of the contract <br />period, or at the end of the contract period, whichever occurs first. <br />Renewal of a maintenance order citing the new appropriation <br />shall be required, if maintenance is to continue during any <br />remainder of the contract period. <br />e. Cross-year Funding Within Contract Period. Where an <br />Ordering Activity's specific appropriation authority provides for <br />funds in excess of a 12 month, fiscal year period, the Ordering <br />Activity may place an order under this schedule contract for a <br />period up to the expiration of the contract period, notwithstanding <br />the intervening fiscal years. <br />f. Ordering Activities should notify the Contractor in <br />writing thirty (30) calendar days prior to the expiration of <br />Maintenance Services, if maintenance is to be terminated at that <br />time. Orders for continued maintenance will be required if <br />maintenance is to be continued during the subsequent period. <br />2. SERVICE AREAS <br />a. The types/levels of maintenance, geographic scope <br />of availability, and applicable rates vary by Manufacturer and are <br />generally set forth in an applicable Manufacturers Maintenance <br />Services Policy. If any additional charge is to apply because of <br />distance from the Contractors service locations, the mileage rate <br />or other distance factor shall be negotiated at the Task Order <br />level. <br />b. When repair services cannot be performed at the <br />Ordering Activity installation site, the repair services will be <br />performed at the Contractors, Manufacturer's or authorized <br />service provider's plant(s). <br />3. MAINTENANCE ORDER <br />a. Agencies may use written orders, EDI orders, credit <br />card orders, or BPAs, for ordering maintenance under this <br />contract. The Contractor shall confirm orders within fifteen (15) <br />calendar days from the date of receipt, except that confirmation <br />of orders shall be considered automatic for renewals for <br />maintenance (Special Item Number 132-12). Automatic <br />acceptance of order renewals for maintenance service shall apply <br />for machines which may have been discontinued from use for <br />temporary periods of time not longer than 120 calendar days. If <br />the order is not confirmed by the Contractor as prescribed by this <br />paragraph, the order shall be considered to be confirmed by the <br />Contractor. <br />b. The Contractor shall honor orders for Maintenance <br />Services for the duration of the contract period or a lessor period <br />of time, for the Equipment shown in the schedule pricelist. <br />Maintenance Services shall commence on a mutually agreed <br />upon date, which will be written into the maintenance order. <br />Maintenance orders shall not be made effective before the <br />expiration of any applicable maintenance and parts <br />4. REPAIR SERVICE AND REPAIR PARTSlSPARE <br />PARTS ORDERS <br />Repair service and repair parts/spare parts orders are not <br />available under the scope of this schedule contract. <br />5. LOSS OR DAMAGE <br />a. When the Contractor, through the Manufacturer, or its <br />authorized service provider removes equipment to its <br />establishment for repairs, the Contractor shall be responsible for <br />any damage or loss, from the time the Equipment is removed <br />from the Ordering Activity installation, until the equipment is <br />returned to such installation. <br />b. When Equipment is returned by Ordering Activity to the <br />Contractor through the Manufacturer's or its authorized service <br />providers facility for repairs, the Ordering Activity shall be <br />responsible for any loss or damage to the Equipment being <br />returned by the Ordering Activity for repair. Contractor shall only <br />be responsible for any loss or damage while the Equipment is at <br />the Contractor's or its Manufacturers or authorized service <br />provider's facility and until it is returned to the Ordering Activity's <br />location. <br />6. SCOPE <br />a. In exchange for the applicable fees, the Contractor, <br />through the Manufacturer or its authorized service provider shall <br />provide Maintenance Services for all Equipment listed herein, as <br />requested by the Ordering Activity during the contract term. <br />Repair service and repair parts/spare parts shall apply exclusively <br />to the Equipment types/models within the scope of this <br />Information Technology Schedule. <br />b. Equipment placed under Maintenance Service shall be <br />in good operating condition. <br />GS-35F-0265X www.immixtechnology.com Page 9 <br />