Products Products available under this Contract are limited to Software, including Software as a Service, products and related products as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.B above. Vendor may not add a manufacturer’s product line which was not included in the Vendor’s response to the solicitation described in Section 1.B above.
Loss Leader; Recycled Products Contractor shall not sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. If Contractor will sell to the Judicial Council, or use in the performance of this Agreement, goods specified in PCC 12207 (for example, certain paper products, office supplies, mulch, glass products, lubricating oils, plastic products, paint, antifreeze, tires and tire-derived products, and metal products), then with respect to those goods: (i) Contractor shall use recycled products in the performance of this Agreement to the maximum extent doing so is economically feasible, and (ii) upon request, Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post consumer material as defined in the PCC 12200, in such goods regardless of whether the goods meet the requirements of PCC 12209.
Containers The commercial Collection Container shall be of a type that can be serviced by the Contractor's Collection equipment. The customer may either purchase the commercial Collection Container from a source or rent such Container from the Contractor at the rental rate included in the Exhibit II. Containers must be delivered within two (2) business days of receiving a signed service agreement. The storage capacity and frequency of Collection of the Container shall be suitable for the amount of Solid Waste generated by the customer and shall provide that no Solid Waste other than Bulk Waste be placed outside of the Container. The Contractor shall insure that container lids are closed after servicing containers. Customers may change Container size and/or frequency of service as needed or by season. If the customer utilizes a Commercial Can, the Commercial Can(s) must have a maximum capacity of 95 gallons, nominal. The customer may choose to use a Compactor, from any source, provided that the Compactor can be serviced by the Contractor's Collection equipment. Commercial Collection Containers and Compactors shall be maintained in a serviceable and safe condition by the owner of the Container or Compactor. The Contractor shall be responsible for sanitizing the containers or compactors. Damage caused by the Contractor to a customer owned Container or Compactor (other than normal wear) shall be repaired at the expense of the Contractor. In the event a customer owned or contractor owned compactor is damaged or in need of repair, Contractor shall provide suitable, temporary containers within 24 hours of notification, sufficient to provide uninterrupted service to customer until compactor is repaired or replaced. Gates for dumpster enclosures shall be opened and closed by Contractor personnel at no additional charge. All Containers and Compactors provided by the Contractor shall be in good condition, painted and neatly labeled with the Contractor’s name, phone number, size of Container, and the Customer’s name (where multiple customers containers are in the same proximity). The Contractor shall have a written procedure, approved by the contract administrator, for dealing with blocked containers. The Contractor shall not charge the customer any additional fees for placing an empty, Compactor or open type roll-off Container in the same spot from which a full Container is to be collected. The Contractor shall not charge a customer an additional fee for “round trip” service whereby a roll-off Compactor is removed from the customer’s property, emptied at the disposal facility, and returned to the customer’s property.
Product ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User(s) shall have thirty (30) days from the date of delivery to accept hardware products and sixty (60) days from the date of delivery to accept all other Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty (30) day increment. Authorized User shall notify Contractor of acceptance upon successful completion of the documented installation test. Such cancellation shall not give rise to any cause of action against the Authorized User for damages, loss of profits, expenses, or other remuneration of any kind. If the Authorized User elects to provide a deficiency statement specifying how the Product fails to meet the specifications within the testing period, Contractor shall have thirty (30) days to correct the deficiency, and the Authorized User shall have an additional sixty (60) days to evaluate the Product as provided herein. If the Product does not meet the specifications at the end of the extended testing period, Authorized User, upon prior written notice to Contractor, may then reject the Product and return all defective Product to Contractor, and Contractor shall refund any monies paid by the Authorized User to Contractor therefor. Costs and liabilities associated with a failure of the Product to perform in accordance with the functionality tests or product specifications during the acceptance period shall be borne fully by Contractor to the extent that said costs or liabilities shall not have been caused by negligent or willful acts or omissions of the Authorized User’s agents or employees. Said costs shall be limited to the amounts set forth in the Limitation of Liability Clause for any liability for costs incurred at the direction or recommendation of Contractor.
