Common use of Troubleshooting and Defective Equipment Returns Clause in Contracts

Troubleshooting and Defective Equipment Returns. Following our receipt of a Support and Maintenance request, we will confirm that the request includes information necessary for a timely and efficient response from our support personnel. If you experience an Equipment failure or defect, you may request Support and Maintenance during our Equipment Support Hours either via email or phone for us to take remote troubleshooting efforts to make the Equipment operational in accordance with its documentation. In the event remote assistance does not restore functionality to the Equipment, we will make the determination as to whether you require temporary replacement Equipment to be shipped to you while we further troubleshoot the defective Equipment onsite at our location upon your return of such defective Equipment to us. After you receive instruction and shipping information from us, Defective Equipment should be shipped F.O.B. Destination at your expense in appropriate packaging to avoid any further damage to the Equipment (“Shipment Location”). If remote troubleshooting is unsuccessful and the reported issue is not corrected, the determination to ship a replacement to you must be made prior to 3:00 pm Houston, Texas time during Equipment Support Hours in order for your replacement Equipment to be shipped the same day that the determination is made; otherwise the replacement Equipment will be shipped on the next business day. We will ship temporary refurbished or new replacement Equipment while we service the returned defective Equipment, such action to be taken will be determined by us in our sole discretion. At your option, temporary replacement Equipment may become your permanent replacement for the defective Equipment. Any replacement Equipment provided to you will be protected by our Equipment Plan for the remainder of your applicable plan coverage period regardless of whether the replacement is temporary or permanent replacement Equipment. Our Equipment Plan does not cover parts or service required as a result of abuse or misuse, including, droppage, strikes or blows, lack of proper Equipment maintenance, floods, fires or other acts of nature. Damaged equipment is to be reviewed and evaluated for repair on a case by case basis. Under no circumstances should you tamper with, disassemble or modify Equipment, unless explicitly instructed as a part of the troubleshooting services by our support personnel. Such restricted actions will void your Equipment Plan with no entitlement to refund and may also void any manufacturer’s warranty. If no Equipment Plan is indicated on the Delivery Order, then these Support and Maintenance terms do not apply and any Equipment purchased by you is provided by us “AS IS” with no liability to us for any failure of such Equipment regardless of fault. We will commence