Orange County NC Website
Browse       Search
4 <br />Service Terms and Conditions <br />Motorola, Inc.,("Motorola") and the customer named in this Agreement ("Customer") hereby agree as follows: <br />Section 1 APPLICABILITY <br />These Service Terms and Conditions apply to service contracts whereby Motorola agrees to provide to Customer either <br />(1) maintenance, support and/or other services under a Motorola Service Agreement, or (2) installation services under a <br />Motorola Installation Agreement. <br />Section 2 DEFINITIONS AND INTERPRETATION <br />2.1. "Agreement" means these Service Terms and Conditions; the cover page for the Service Agreement or the <br />Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In <br />interpreting this Agreement and resolving any ambiguities, these Service Terms and Conditions will take precedence over <br />any cover page, and the cover page will take precedence over any attachments, unless the cover page or attachment <br />specifically states otherwise. <br />2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. <br />2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. <br />Section 3 ACCEPTANCE <br />Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This <br />Agreement will become binding only when accepted in writing by Motorola. The term of this Agreement will begin on the <br />"Start Date" indicated in this Agreement. <br />Section 4 SCOPE OF SERVICES <br />4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other <br />document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's <br />then-applicable rates for such services. <br />4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment <br />will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are <br />prescribed by Motorola will be followed. <br />4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial <br />Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the <br />warranty for such additional equipment expires. <br />4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the <br />Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the <br />Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out <br />of service. Customer's obligation to pay Service fees for such Equipment will terminate at the end of the month in which <br />Motorola receives such written notice. <br />4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous <br />environments. <br />4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola <br />may modify the scope of Services related to such Equipment; remove such Equipment from the Agreement; or increase <br />the price to Service such Equipment. <br />4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in <br />a manner consistent with the level of Service purchased as indicated in this Agreement. <br />Section 5 EXCLUDED SERVICES <br />5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other <br />than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; <br />excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. <br />5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of <br />the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, <br />battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission <br />line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no <br />