Common use of Hardware Support Services Clause in Contracts

Hardware Support Services. PeopleGuru will maintain the Timeclock hardware to be free from defects in material and workmanship as follows: Any parts found to be defective (except as specifically excluded below) shall be replaced or repaired, at PeopleGuru's or its designee's option, without charge for parts or labor, provided that the Timeclock hardware has been properly installed and maintained by Customer and provided that such hardware has been used in accordance with this Agreement and has not been subject to abuse or tampering. The foregoing repairs and replacements may be made only by PeopleGuru or its designee and will be made only after PeopleGuru or its designee is notified of a problem, receives delivery from Customer of the Timeclock hardware at issue and determines that it results from defective materials or workmanship. Notwithstanding the foregoing, PeopleGuru may deliver a temporary replacement item for Customer's use while such determination is being made with respect to the Timeclock hardware in question. Repairs and replacements required as a result of (i) damage, defects, or malfunctions resulting from misuse, accident, neglect, tampering, unusual physical or electrical stress, or causes other than normal or intended use; (ii) failure of Customer to provide and maintain a suitable installation environment; (iii) any alterations made to the Timeclock hardware or the attachment of any devices not provided by PeopleGuru to the Timeclock Hardware; or (iv) malfunctions resulting from use of badges or supplies not approved by PeopleGuru shall be billed to Customer at PeopleGuru’s then-current rates. No Timeclock Hardware support is provided at the Customer site. Customer shall bear all delivery/shipping costs and all risk of loss during shipment/delivery of Timeclock hardware relating to Hardware as a Service or Hardware Support Services.

Appears in 6 contracts

Samples: legal.peopleguru.com, legal.peopleguru.com, legal.peopleguru.com

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Hardware Support Services. PeopleGuru will maintain the Timeclock hardware to be free from defects in material and workmanship as follows: Any parts found to be defective (except as specifically excluded below) shall be replaced or repaired, at PeopleGuru's or its designee's option, without charge for parts or labor, provided that the Timeclock hardware has been properly installed and maintained by Customer and provided that such hardware has been used in accordance with this Agreement and has not been subject to abuse or tampering. The foregoing repairs and replacements may be made only by PeopleGuru or its designee and will be made only after PeopleGuru or its designee is notified of a problem, receives delivery from Customer of the Timeclock hardware at issue and determines that it results from defective materials or workmanship. Notwithstanding the foregoing, PeopleGuru may deliver a temporary replacement item for Customer's use while such determination is being made with respect to the Timeclock hardware in question. Repairs and replacements required as a result of (i) damage, defects, or malfunctions resulting from misuse, accident, neglect, tampering, unusual physical or electrical stress, or causes other than normal or intended use; (ii) failure of Customer to provide and maintain a suitable installation environment; (iii) any alterations made to the Timeclock hardware or the attachment of any devices not provided by PeopleGuru to the Timeclock Hardware; or (iv) malfunctions resulting from use of badges or supplies not approved by PeopleGuru shall be billed to Customer Reseller at PeopleGuru’s then-current rates. No Timeclock Hardware support is provided at the Reseller or Customer site. Customer Reseller shall bear all delivery/shipping costs and all risk of loss during shipment/delivery of Timeclock hardware relating to Hardware as a Service or Hardware Support Services.

Appears in 1 contract

Samples: legal.peopleguru.com

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