Exhibit 4(b)(ii).5
CONTRACT ON SUPPLIES No. 2000/70
hereinafter referred to as the "Contract" pursuant to the provision of the
Section 269, Subsection 2 of the Commercial Code by and between
EuroTel Bratislava, a. s.
(hereinafter also referred to as "EuroTel" or the "Customer")
Stefanikova17
000 00 Xxxxxxxxxx
xxx Xxxxxx Xxxxxxxx
Represented by: Ing. Xxxxx Xxxxx
Director General / Authorised Agent
Xx. Xxxxxx Xxxxxx
Financial Director / Authorised Agent
Bank connection: Tatrabanka Bratislava
Account No.: 2622021710/1100
Company ID: 35705019
Tax ID: 35705019/600
and
Compaq Computer Slovakia, s. r. o.
(hereinafter also referred to as "Compaq")
Xxxxxxxxxx 00
000 00 Xxxxxxxxxx
xxx Xxxxxx Xxxxxxxx
Represented by: Ing. Xxxxx Xxxxx
Director General / Executive
Bank connection: Tatrabanka Bratislava
Account No.: 2672000213/1100
Company ID: 31343970
Tax ID: 31343970/601
Pursuant to this Contract Compaq sells hardware, provides licences to software,
ensures services related to the realisation of products determined in the
Annexes A and B and it supplies Priority services for them.
The Customer purchases this hardware and services and accepts these software
licences. Compaq declares it is 100 % (indirectly) owned subsidiary of Compaq
Computer Corporation.
1. DEFINITIONS
"Device" - means hardware products supplied by Compaq on the basis of this
Contract.
"Products" - means devices and software determined in the Annex A to
this Contract.
"Services" - means services related to maintenance, advisory, integration or
training supplied by Compaq on the basis of this Contract as defined in the
Annex B to this Contract.
"Priority Services" - mean services related to the hardware maintenance, support
of software and supply of licences and media as defined in the Annex D to this
Contract.
"Services Description" - and "Description of Software Products" - relate to
the documents describing the features of specific services and software products
pursuant to the Annex A. "Software" - relates to computing programmes
(including databases and authorisation keys) supplied by Compaq within the frame
of this Contract together with hardware products.
"Licence" - for the purpose of this Contract represents the authorisation of the
Customer to use the respective version of software supplied together with
hardware products by Compaq within the frame of this Contract for an indefinite
period of time.
2. SUBJECT OF THE CONTRACT
Compaq sells the hardware devices, implementation services and Priority services
to the Customer within the frame of the supply of the solution for migration and
archiving of near-online data and the Customer purchases these hardware devices,
implementation and Priority services.
3. PRICES
The Customer shall pay the price as determined below for the fulfilment of
Compaq pursuant to this Contract. All the parts of the price are determined in
US Dollars (USD) and are payable in Slovak Crowns (SKK) with the use of the
foreign exchange rate as at the date of invoicing determined by the National
Bank of Slovakia.
3.1 The price includes:
3.1.1 insurance
3.1.2 customs fees
3.1.3 transportation
3.2 The Customer shall pay the below stated prices for the fulfilment of
Compaq. The prices are excluding value added tax (VAT).
3.2.1 Disk field ESA12000 USD 93,446.00
- start-up and installation of HW USD 2,890.00
- Priority services 24x7x4/4years USD 47,552.00
- import surcharge USD 1,869.00
Total price USD 145,757.00
3.2.2 Fibre Channel Infrastructure USD 15,585.00
- base installation of HW USD 350.00
- Priority services 24x7x4/4years USD 6,837.00
- import surcharge USD 311.00
Total price USD 23,083.00
3.2.3 Jukebox NSM2000 (Jupiter) USD 33,447.00
- base installation USD 350.00
- services 9x5x4/4 years USD 12,544.00
Total price: USD 46,341.00
3.2.4 Archiving Software USD 3,607.00
- base installation USD 244.00
- services 9x5x4/4 years USD 857.00
- import surcharge USD 72.00
Total price: USD 4,780.00
3.2.5 Implementation services related
to migration and archiving of
near-online data, system
integration of archiving system USD 80,000.00
3.2.6 Total prices for products and USD 297,709.00
services
Total import surcharge USD 2,252.00
Total Price USD 299,961.00
This price is fix and it will not be increased in any way.
3.3 The products determined under the points 3.2.1, 3.2.2 and 3.2.4 are
considered to be the products of Compaq as these are being sold under
this brand. The products determined under the points 3.2.3 are third
party products.
4. PAYMENT CONDITIONS
4.1 The price will be settled by the Customer of Compaq in compliance with
the following payment conditions:
4.1.1 For the supply of products and services determined under the points
3.2.1 to 3.2.4: Forty percent (40 %) of the total payment in the form
of advance invoice with the maturity of 30 days from the day of
delivery of the invoice after signing the Contract, the outstanding
sixty percent (60 %) in the form of final invoice including VAT after
the supply to the Customer and standard installation tests with the
maturity of 30 days after delivery.
4.1.2 For the supply of implementation services and system integration
determined under the point 3.2.5:
Thirty percent (30 %) after signing the Contract or submitting the
order by means of advance invoice.
Thirty percent (30 %) after the completion of the stage of
implementation including VAT also for the advance payment.
Forty percent (40 %) after final acceptation including VAT. The
maturity period is 30 days.
4.2 Compaq may refuse the order, refuse the supply or to terminate the
Contract in case of not meeting the provision of the Article 4.1.
4.3 All the payments to the credit of Compaq shall be made to the credit of
the company Compaq in Tatrabanka, a. s.
4.4 Transfer of ownership
The ownership is transferred to the Customer only for hardware
(technical equipment, material merchandise) and that after a full
realisation of the total settlement of the price.
5. PREPARATION OF WORK-PLACE
The Customer is responsible for the preparation and maintenance of safe
and suitable installation and operation place. The Customer shall
inform Compaq on all the potential safety or health risks that may
exist at the work-place. The installation, warranty or other services
may not be realised if the conditions at the work-place at the premises
of the Customer represent risk to safety or health.
6. WORKING MATERIALS
The materials of Compaq including the service tools used at the
installation, warranty and other services supplied together with the
product or stored at the work-place of the Customer remain the
exclusive ownership of Compaq. The Customer shall ensure safe storing
premises for these materials and it shall not use them, and not to let
these materials as well as the resulting diagnostics data or data on
the system control for the disposal to other parties without the prior
consent of the company.
7. SUPPLY
7.1 Compaq supplies products to determined place of Customer stipulated at
the beginning of the Contract. The products determined in the annex A
will be supplied to EuroTel at the address: Xxxxxxxxx 00, 000 00
Xxxxxxxxxx.
7.2 The supply is considered to be completed and the risk of loss or damage
on the merchandise is transferred to EuroTel at the moment when the
merchandise is supplied by Compaq to the agreed place and EuroTel
confirms this supply on a dispatch note. Compaq is responsible for
paying the customs duties, for which the Customer shall provide its
essential co-operation.
7.3 The term of delivery of Compaq products is within 8 weeks from the day
of signing the Contract between Compaq and EuroTel.
7.4 In case any delay occurs which is not under the control of Compaq or
for which Compaq is not responsible, the supply shall be postponed
appropriately. Compaq shall inform the Customer on this fact in writing
without any delay.
7.5 If Compaq does not supply products in term pursuant to the point 7.3
due to the reasons for which it is responsible, EuroTel has the right
to deduct a Contractual fine from the Contractual price in the amount
of 0.05% for every day of delay maximum to the amount of 7.5 % form the
price of the order.
7.6 If the supply is delayed due to the reasons on which it can be
reasonable presumed to be under the control of Compaq or for which
Compaq is responsible (i.e. especially if these are not the reasons due
to the force majeure or at the party of the Customer) and if the supply
is not realised even in the additional, at least 30-days period
determined by the Customer in writing, EuroTel has the right to rescind
from the Contract. The rights of both parties to the Contract for the
potential rescinding from the Contract due to other reasons stipulated
under the Commercial Code shall not be influenced by the provisions of
the previous sentence.
In case the parties to the Contract are interested in alternative
solution they bind themselves to negotiate on the alternative manner of
solution of the supply and financial settlement.
In case the supply is postponed due to conditions for which the
Customer is not responsible, Compaq shall store the supply without the
claim for the settlement of the expenses on storing, however maximum
for the period of 30 days.
7.7 In case Compaq must postpone the supply on the basis of the request of
the Customer or due to other reasons for which the Customer is
responsible, all the expenses on storing caused by such a delay shall
be charged to the Customer. Compaq shall inform the Customer on the
amount of these expenses without any unreasonable delay after it know
them.
8. TAKING OVER
8.1 The taking over (final acceptation) of every device, software or
implementation services shall be confirmed by EuroTel on a taking-over
deed after the completion of HW supply/service realisation by signing
the accepting protocols. However, if the Customer uses the subject of
Compaq's fulfilment (of a part of it) in a commercial operation prior
to signing the acceptation protocols it shall be considered to be the
final acceptation of such a fulfilment (part).
8.2 Hardware and software installation forming a subject of this Contract
pursuant to the Annex A shall be completed within 2 weeks after the
realisation of a complete supply of products pursuant to the point 7.3.
9. WARRANTIES
9.1 Warranties for device
9.1.1 The device is covered by the warranty against the defects of processing
and material for the period of one year minimum from the date of
signing the acceptation protocols or if the installation is not
performed by Compaq from the date of delivery.
If there are obstacles at the party of Compaq preventing it from the
installation of any device due to the reasons outside its control for
the period of more than thirty (30) days from the day of delivery, the
warranty period always starts on the thirtieth (30th) day from the
supply. In case of the installation of products by Compaq within the
period of 30 days from the day of supply, the warranty period starts to
lapse by the completion of the installation and by signing the
acceptation protocols.
9.1.2 Within this warranty, Compaq is obliged only to repair or replace,
based on its own discretion, within the scope of the ordered Priority
service, every component on which a failure occurs during the warranty
period due to the defect of processing or material. The warranty for
the parts installed instead of the defective parts expires by the same
date as the warranty for the device the part of which was replaced by
the newly installed part and in case of the replacement of the whole
device the original warranty is valid and it is not replaced by a new
one. During the period for which the device is out of operation, the
continuation of the warranty period is suspended. All the replaced
devices or parts remain the property of Compaq.
9.1.3 If Compaq decides and EuroTel accepts that the device is not defective
from the point of warranty conditions, the Customer shall settle all
the expenses on manipulation, transportation and repair to Compaq at
the rates of Compaq valid at the respective period of time.
9.2 Warranty for Software
The software supported by Compaq is covered by the warranty of
consistency with the description of software products of Compaq ("PSP")
valid at the time of order. The only obligation of Compaq is to repair
every non-compliance of the software with PSP during the warranty
period determined in PSP. The licence and all remaining software is
provided on the basis "as is" (the Contractual provision of "as is"
type) unless determined otherwise in PSP.
9.3 The hardware and software defects that appear during the warranty
period shall be removed for the party of EuroTel if their nature does
not contradict with the wording of the points 9.1 and 9.2.
9.4 General Warranty Conditions
The determined warranties are conditioned by the proper handling and
use of the products and their maintenance at the appropriate place as
well as by complying with all the valid acts and regulations on the
export control including.
The Customer binds itself to take all the steps needed from the point
to prevent any loss of data or other loss in relation to the operation
of the products.
EXCEPT FOR THE EXPRESSED WARRANTIES DETERMINED IN THIS CONTRACT THAT
ARE ANALYSED IN MORE DETAIL IN THE WARRANTY AND
INSTALLATION CONDITIONS, COMPAQ REFUSES ANY WARRANTIES FOR PRODUCTS
SUPPLIED ON THE BASIS OF THIS CONTRACT, and the expressed warranties
determined in this Contract replace all the obligations or liabilities
of Compaq that may otherwise occur on the basis or in relation to the
operation of the subject of fulfilment by Compaq.
10. SOFTWARE LICENCES
10.1 Requested valid licence
10.1.1 The software may be used only if the respective licence granted by
Compaq is valid, responsibility for validity is with Compaq. Licences
may be transferred to a third party only with the prior written consent
of Compaq.
10.1.2 The licence is granted for a specific software version. The subsequent
versions or updates of software require granting of a new licence.
10.1.3 Software with no licence on a data carrier may be used by the Customer
only in case is obtains a valid licence for such use from Compaq.
10.1.4 To the distributed software (software products of third party) carry
the licence relating to them. If there is not such licence for
distributed software, the conditions of this licence by Compaq shall be
valid.
10.2 Permitted use
10.2.1 The Customer has the right to implement and operate the software only
on one processor or hardware configuration on which the software was
installed the first time. The operation on other independent processor
is permitted only on a temporary basis during the failure of the
original processor which would cause that the software may not be
operated.
10.2.2 The Customer has the right to copy the software for the use on other
processor only on the basis of the purchase of additional, special
licence.
10.2.3 The Customer may modify and link the software only in the form readable
by the machine only or the use on one processor. If there are devices
supplied for the control of the licence, such as the product
authorisation keys, the Customer must install these pursuant to the
instructions and shall not evade them intentionally or put them out of
operation. The Customer binds itself to reproduce the legal warnings
such as e.g. the notice on copyright on all such copies and
modifications.
10.2.4 Except for what is specifically permitted in the article 10.2, the
Customer does not have the right to copy or modify the software. The
Customer does not have the right to translate or make work derived from
the software.
10.2.5 The Customer must maintain the records on processor on which software
is used and on the software licence authorising such use. The Customer
is obliged to give such records at the disposal to Compaq or its
representatives on the basis of their request.
10.3 Intellectual Ownership Rights of Compaq
10.3.1 The software includes valuable patent technology of Compaq. The
Customer binds itself not to disclose the software or give it at the
disposal to a third party in any form.
10.3.2 Compaq declares that it is authorised to provide the Customer with the
rights for software as determined in this Contract. The Customer
acknowledges that Compaq or a person authorising it for providing the
software is the owner of software and all the rights of intellectual
property for software, including copyright, invention rights and the
rights of commercial secret. Unless expressly determined otherwise,
Compaq does not transfer the ownership and no other rights for software
to the Customer.
10.3.3 The Customer does not have the right to decompile the software or to
decompose it to individual items including every hardware or firmware
implementation of software.
10.3.4 The Customer binds itself not to take any steps in contradiction with
the rights of intellectual ownership of Compaq relating to software and
it binds itself not to let any third party to copy, use or obtain
access to software without a valid permit from Compaq. If an
unauthorised third party copies, uses or obtains access to software and
the fault at the party of EuroTel is proved, the Customer binds itself
to indemnify Compaq.
10.3.5 The Customer binds itself to make maximum effort at the implementation
of internal policy and procedures for the protection of the rights of
intellectual property of Compaq for software, Compaq binds itself to
provide assistance in this relation on request.
10.4 The remedies in case of violating the software licence
10.4.1 The claims pursuant to this part 10 are not to the detriment of any
other claims Compaq has at its disposal on the legal basis.
11. PATENTS AND COPYRIGHT
Compaq defends at its own expenses in case of every legal
claim made (or law suit maintained) against the Customer on
the basis of a filing that any products supplied on the basis
of this Contract violate the patent or copyright in the
country in which Compaq Computer Corporation of Maynard,
Massachusetts, USA, has its branch office or authorised
distributor and pays all the expenses and indemnification
determined in the final resolution if Compaq receives a prompt
written notice on such a suit and receives information,
reasonable assistance and exclusive right to maintain the
defend or to resolve the respective legal claim. Within the
frame of negation or settlement of the claim, Compaq may
obtain for Customer right to continue in the use of products,
it may replace or adjust the products in such a way that these
stop to violate the patent or copyright rights or, if such
remedies are not reasonable available, it is obliged to return
the price that the Customer paid for such products to the
Customer at its own expenses.
Compaq has no liability for indemnification if the determined
violation is based on the use or sale of product in
combination with other product or devices not supplied by
Compaq. Compaq is not liable to indemnify any other losses of
the Customer related with the violation of the patent or
copyright including any indirect, subsidiary or subsequent
losses.
12. OWNERSHIP RIGHTS OF COMPAQ
12.1 The documentation, schematic drawings, testing devices, software (for
which licence was not obtained) and relating media determined for the
use by the staff of Compaq on the place of installation remain the
exclusive property of Compaq and these are determined for the exclusive
use by Compaq.
12.2 Compaq reserves the copyright, rights of intellectual property and
ownership rights for all the documentation it supplies and all the
development or products originating from its services provided to
Customer including the unlimited marketing rights for them.
13. LIMITATION OF LOSS INDEMNIFICATION
Except for what is stipulated under the Subsection 11 above, the
maximum liability of Compaq for the loss indemnification of the
Customer due to any reason relates only to the direct losses and it is
limited to the liability of Compaq to settle the Contractual fine to
EuroTel in the amount of found direct losses up to the total amount of
the project determined in the Subsection 3, however, maximum to the
amount of SKK thirty million (30 000 000). The above limitation does
not relate to the compensation due to a personal accident caused by
negligence by Compaq. Compaq is in no way liable to indemnify any
losses due to the loss of data or use, lost profit, as well as any
other subsidiary or subsequent losses.
The Customer is exclusively responsible to take all the needed steps to
prevent the loss of data.
14. GENERAL PROVISIONS
14.1 If any party to the Contract does not meet its liabilities stipulated
by this Contract, and continues in such attitude for the period of
thirty (30) days after receiving written warning on that issue with
reference to this provision, the other party may rescind from the
Contract as a whole or in relating parts without waiving any other of
its rights. All the outstanding invoices for services already provided
become payable within ten (10) days after such rescinding from the
Contract.
14.2 Compaq shall not be liable for potential delay at the fulfilment of its
obligations pursuant to this Contract resulting from the causes clearly
out of its control
14.3 This Contract shall be fulfilled by Compaq by the supply of products
and services pursuant to the Subject of the Contract and its annexes A
and B. The obligations resulting from the fulfilment of the Priority
services shall be included and provided by Compaq to EuroTel pursuant
to the existing service Contract DPS 507/97.
14.4 Products and services supplied pursuant to these conditions may be
subject to the regulations on the control regime of merchandise (mostly
the Act No. 547/90 Coll.)
14.4.1 The Customer binds itself to follow these regulations at the export and
re-export of such a controlled merchandise and technical data supplied
by Compaq. Such an obligation shall also relate to the technical
information obtained directly from the above mentioned controlled
merchandise and technical data.
14.4.2 With no regard to all other provisions relating to these conditions,
certain products may be supplied to the Customer under the condition
that Compaq receives the requested export and import permissions. The
services may be provided only with products the export and maintenance
of which is in compliance with the respective law and regulations on
the export control.
14.4.3 The Customer is obliged to provide Compaq with precise information and
documentation needed for obtaining the above mentioned permissions.
14.4.4 The Customer is obliged to inform Compaq on all the changes relating to
the final use, end user, locality and materials prior to the execution
of such a change.
14.4.5 If granting of import or export licences is refused or not approved
within twelve (12) months from receiving the order, this fact shall be
considered to be vis major.
14.4.6 It is an exclusive obligation of the Customer to meet re-export
regulations of the Slovak Republic. The Customer binds itself not to
export products of Compaq without the prior written consent of Compaq.
This consent shall not be withdrawn unreasonably.
14.5 No party to the Contract has the right to transfer this Contract or any
rights or obligations resulting from it without a prior written consent
of the other party. However, Compaq shall have the right to perform the
services pursuant to this Contract by means of sub-suppliers without
getting rid of the obligations resulting from this Contract. Compaq
does not have the right to transfer its potential outstanding
receivables resulting from the Contract. The Customer, however, has the
right, to transfer its rights resulting from the Contract during its
validity to its potential legal successor, however, only under the
presumption that the Customer warrants such transferred obligations in
full extent.
14.6 This Contract submits to the legal order of the Slovak Republic and the
place of dealing with all the disputes that may relate to this Contract
shall be the appropriate courts of the Slovak Republic.
14.7 Compaq products are not determined for sale or providing of licences
for direct control of nuclear devices. Compaq may request additional
Contractual guarantees in relation to other nuclear applications and
applications for the air-traffic and railway control.
14.8 All the notices with legal or Contractual efficiency must be written in
Slovak and sent via registered mail (or handed over against the
confirmation on receipt).
14.9 This Contract may be amended or supplemented only in writing after
approving these amendments and supplements by both parties to the
Contract.
14.10 This Contract is made in four copies. Each party to the Contract shall
receive one copy after the signature.
15. ENSURING OF CONFIDENTIALITY
15.1 Compaq binds itself that it and/or persons it used for the fulfilment
of its obligations pursuant to this Contract shall keep all the data,
information they learn in relation to the fulfilment of the Contract,
mostly at ensuring the technical support, service, installation, etc.
confidential.
15.2 Compaq is responsible for the loss caused by the violation of the
obligations pursuant to the sub-section 15.1 in the scope supported.
16. ANNEXES
The following annexes form an inseparable part of the Contract:
16.1 A. Specification of HW products and services
B. Specification of implementation and integration services
C. General Sales Conditions of Compaq
D. General Warranty Conditions of Compaq.
16.2 The relation established by this Contract is subject to the provisions
of the General Sales Conditions and General Warranty Conditions if
these are not in contradiction with the provisions determined in this
Contract.
In Bratislava, 2000 In Bratislava, October 20, 2000
for EuroTel Bratislava, a. s. for Compaq Computer Slovakia, s. r. o.
Ing. Xxxxx Xxxxx Ing. Xxxxx Xxxxx
Director General/authorised agent Director General / Executive
Xx. Xxxxxx Xxxxxx
Financial Director / authorised agent
I. Annex A.
--------- ----------- ------------------------------------------------------------------------- ----------- -----------------
Pieces Order No. Disk Field ESA12000 Piece/USD USD Total
--------- ----------- ------------------------------------------------------------------------- ----------- -----------------
1 380610-b21 ESA12000 FC 50Hz with two 24 slot racks, 4 controllers/2GB Cache- blue 29,345 29,345
1 380554-001 O S Platform Software Kit for FC controller : SUN Solaris 2.5.1, 2.6 417 417
2 128697-B21 ACS V8.4F Data Replication Software for HSG80 3,814 7,628
2 380674-b21 Cache memory upgrade for RA8000, ESA 12000 - 2/128 MB 2,132 4,264
48 147599-001 Xxxx Xxxxx, 00 XX 7,200 rpm UltraSCSI wide Hot Plug (SBB) 1,079 51,792
--------- ----------- ------------------------------------------------------------------------- ----------- -----------------
Subtotal 93,446
--------- ----------- ------------------------------------------------------------------------- ----------- -----------------
Annex A.
--------- ----------- ------------------------------------------------------------------------- ---------- ---------------
Pieces Order No. Disk Field ESA12000 VAT Total + VAT
USD
--------- ----------- ------------------------------------------------------------------------- ---------- ---------------
1 380610-b21 ESA12000 FC 50Hz with two 24 slot racks, 4 controllers/2GB Cache- blue 23 % 36,094.35
1 380554-001 O S Platform Software Kit for FC controller : SUN Solaris 2.5.1, 2.6 23 % 512.91
2 128697-B21 ACS V8.4F Data Replication Software for HSG80 23 % 9,382.44
2 380674-b21 Cache memory upgrade for RA8000, ESA 12000 - 2/128 MB 23 % 5,244.72
48 147599-001 Xxxx Xxxxx, 00 XX 7,200 rpm UltraSCSI wide Hot Plug (SBB) 23 % 63,704.16
--------- ----------- ------------------------------------------------------------------------- ---------- ---------------
Subtotal 23 % 114,938.58
--------- ----------- ------------------------------------------------------------------------- ---------- ---------------
USD TOTAL VAT Total + VAT
USD
FP-START-IN 2,890 23 % 3,554.7
Start-Up& Installation Service
FP-PR124-36 47,552 23 % 58,488.96
Priority 24 Service includes:
4 years of maintenance of HW at the Customer, 24 x 7, response in 4 hours
constant work on problem
TOTAL: 143,888.00 176,982.24
II.
------------ ------------- ---------------------------------------------- ----------- ----------------- ---------- ---------------
Pieces Order No. Infrastructure Piece/USD USD Total VAT Total + VAT
USD
------------ ------------- ---------------------------------------------- ----------- ----------------- ---------- ---------------
2 123503-001 FC-1063-CM, SBUS/64 US 2,776 5,552 23 % 6,828.96
6 234457-B24 Compaq 30m, multi-mode Fibre Channel Cable 236 1,416 23 % 1,741.68
------------ ------------- ---------------------------------------------- ----------- ----------------- ---------- ---------------
Subtotal 15,585 23 % 19,169.55
------------ ------------- ---------------------------------------------- ----------- ----------------- ---------- ---------------
FP-INSTA-IN 350 23 % 430,5
Base Installation Service
FP-PR124-36 6,837 23 % 8,409.51
Priority 24 Service includes:
4 years of maintenance of HW at the Customer, 24 x 7, response in 4 hours
constant work on problem
TOTAL: 22,772 23 % 28,009.56
III.
------------ --------------- --------------------------------------- ------------ ----------------- ---------- ---------------
Pieces Order No. Jukebox NSM 2000 (Satellite) Piece/USD USD Total VAT Total + VAT
USD
------------ --------------- --------------------------------------- ------------ ----------------- ---------- ---------------
14 Virtual Model Jupiter 11,450 11,450 23 % 14,083.5
0 XXX-XXX Xxxxx 1,678 6,712 23 % 8,255.76
------------ --------------- --------------------------------------- ------------ ----------------- ---------- ---------------
Subtotal 18,162 23 % 22,339.26
------------ --------------- --------------------------------------- ------------ ----------------- ---------- ---------------
IV.
------------ --------------- ---------------------------------------- ----------- ----------------- ---------- ---------------
Pieces Order No. Software POINT Piece/USD USD Total VAT Total + VAT
USD
------------ --------------- ---------------------------------------- ----------- ----------------- ---------- ---------------
1 for NSM Jupiter 5,789 5,789 23 % 7,120.47
1 DVD-RAM Support 1,030 1,030 23 % 1,266.9
2 Support for 3,4 drive 227 454 23 % 558.42
------------ --------------- ---------------------------------------- ----------- ----------------- ---------- ---------------
Subtotal 7273 23 % 8,945.79
------------ --------------- ---------------------------------------- ----------- ----------------- ---------- ---------------
V.
------------ --------------- ---------------------------------------- ----------- ----------------- ---------- ---------------
5 Jukebox magazine (pack) 192,4 962 23 % 1,183.26
------------ --------------- ---------------------------------------- ----------- ----------------- ---------- ---------------
VI.
------------ --------------- ---------------------------------------- ----------- ----------------- ---------- ---------------
15 DVD-RAM media (25 pcs pack) 470 7050 23 % 8671,5
------------ --------------- ---------------------------------------- ----------- ----------------- ---------- ---------------
--------------------------------------------------------------------------------- ----------------- ---------- ---------------
TOTAL Jukebox NSM 2000 (IV+V+VI+VII) 33,447 23 % 41,139.81
--------------------------------------------------------------------------------- ----------------- ---------- ---------------
Installation 350 23 % 430.5
Services 9 x 5 x 4/4 years 12,544 23 % 15,429.12
TOTAL: (III - IV) HW, SW, installation, services 46,341.00 23 % 56,999.43
VII.
--------- ----------- ----------------------------------- ------------ ------------ ----------------- ---------- ---------------
Pieces Order No. Archiving Server Piece/USD Discount USD Total VAT Total + VAT
USD
--------- ----------- ----------------------------------- ------------ ------------ ----------------- ---------- ---------------
1 152843-021 ML350T01 P600-256 HP Euro 2,698 22 % 2,140.4 23 % 2588,4612
1 128277-B21 128 Reg SDRAM DIMM 133 ALL 491 22 % 382.98 23 % 471,0654
2 142673-B22 18.2 GB Pluggable Ultra 3.10K
Universal Hard Drive (1") 1,129 22 % 880.62 23 % 1083,1626
1 154499-021 S710 17" TCO/NHROW EURO 307 22 % 239.46 23 % 294,5358
--------- ----------- ----------------------------------- ------------ ------------ ----------------- ---------- ---------------
Subtotal 4,625 22 % 3,607.5 23 % 4437,225
--------- ----------- ----------------------------------- ------------ ------------ ----------------- ---------- ---------------
--------- ------------ ----------------------------------- ------------ ------------ ----------------- ---------- ---------------
1 FM-EL724-48 Services 9x5x44/4Y On site 857 0 % 857 23 % 1,054.11
1 FM-ELINS-IN Hardware Installation 244 0 % 244 23 % 300.12
--------- ------------ ----------------------------------- ------------ ------------ ----------------- ---------- ---------------
TOTAL: 4,708.00 23 % 5,790.84
Annex B.
Specification of Implementation and Integration Services
I. Determination of the Scope of Work
The provider binds itself to propose, implement and put into operation the
"Migration and Archiving System" (MAS) which will serve for migration of data
to selected disk fields and archiving of data on DVD media. The project
realisation includes:
1. Analysis of environment and sub-systems producing data for archiving
2. Proposal of system realisation with potential alternative solutions
3. System realisation and implementation
4. System testing and tuning
5. System integration and creation of central report of the system
6. Training for administration and use of MAS
7. Putting system into operation
8. Users documentation
II. Functionality of "Migration and Archiving System" (MAS)
1. Preparation of migration data to "suitable" form
2. Automatisation of data migration to FS for near on-line data
3. Automatisation of FS administration for near on-line data
4. Automatisation of data archiving on DVD media
5. Administration of information on migrated and archived data and
archiving media
6. Processing and recording of requirements on access to off-line data
7. Schedules on the requirements on making off-line data accessible
8. Schedules on volume and location of archived data
9. Creation of logs on system activity
10. Central system administration
11. User, operator and administrator interface
III. Project Stages
1. Collection of information
Gathering information:
- on environment, technologies and systems that may be used for the
realisation of solution
- on systems producing data for migration and archiving
- on internal company regulations and rules for the access to
information
EuroTel shall provide required information and access to systems
included to MAS in appropriate scope.
2. Analysis of environment and systems
Evaluation of gathered information and creation of basic documents for
the realisation of the solution proposal. The output shall be the
document describing requirements on solution approved mutually.
3. Proposal of solution with potential alternatives
Processing of material with specific proposal, determination of
scope of functionality of solution and precise time schedule of work.
The output shall be the document called Functional Specification and
Solution Proposal
4. Commenting on the solution proposal.
Commenting of the proposed solution from the party of EuroTel.
5. Acceptation of the solution proposal
Processing of comments and acceptation of the solution proposal. The
document approved by both parties called Functional specification and
proposal of solution shall represent a reference document for the
processing of acceptation tests and accepting the solution
implementation.
6. Realisation of solution proposal
The realisation of the approved solution by provider.
7. Solution implementation
Implementation of solution to the environment of EuroTel, prototype
installation.
8. Testing and tuning
Testing the functionality of solution and tuning the solution in
EuroTel environment.
9. Preparation of users documentation and training
The provider will prepare the users documentation and train the system
administrator and users. The training will be executed on the technical
means of EuroTel.
10. Acceptation tests, acceptation and handing-over of solution to
operation
Preparation and performance of acceptation tests by EuroTel pursuant to
the conditions agreed in the approved solution proposal. Acceptation of
solution and putting it into routine operation.
Time Schedule
---------------- ------------------------------------------------- --------------- ----------------------
Serial No. Task Duration Requested Labour
---------------- ------------------------------------------------- --------------- ----------------------
1. Data collection 2 weeks 20 man-days
---------------- ------------------------------------------------- --------------- ----------------------
2. Analysis 2 weeks 30 man-days
---------------- ------------------------------------------------- --------------- ----------------------
3. Processing of solution proposal 1 week 10 man-days
---------------- ------------------------------------------------- --------------- ----------------------
4. Commenting on and accepting the solution 1 week 2 man-days
proposal
---------------- ------------------------------------------------- --------------- ----------------------
5. Realisation and implementation of solution 7 weeks 105 man-days
---------------- ------------------------------------------------- --------------- ----------------------
6. Testing and tuning 2 weeks 30 man-days
---------------- ------------------------------------------------- --------------- ----------------------
7. Preparation of users documentation 1 week 10 man-days
---------------- ------------------------------------------------- --------------- ----------------------
8. Training of system administrator and users 1 week 10 man-days
---------------- ------------------------------------------------- --------------- ----------------------
9. Preparation and execution of acceptation tests 1 week 3 man-days
---------------- ------------------------------------------------- --------------- ----------------------
Total 18 weeks 220 man-days
---------------- ------------------------------------------------- --------------- ----------------------
ANNEX C
COMPAQ COMPUTER SLOVAKIA, S. R. O.
GENERAL SALES CONDITIONS
IN THE SLOVAK REPUBLIC
The below stated are the Sales Conditions under which Compaq Computer Slovakia,
s. r. o., (hereinafter referred to as "COMPAQ") sells its devices and provides
the users rights for the software (hereinafter referred to in common as
the "products") and the related services to the Customers in the Xxxxxx
Xxxxxxxx.
0. Price Determinations
The price determinations of COMPAQ are provided on the basis of the valid price
list of COMPAQ, and unless determined otherwise, they are valid for the period
of thirty (30) days. The Customers orders become binding for COMPAQ always after
written acceptation by COMPAQ.
2. Prices
2.1. All the prices are determined in US Dollars and they are valid in the
Slovak Crowns translated by the exchange rate for the sale of
financial means published by the bank of COMPAQ on the day of invoice
issuing.
2.2. Unless determined otherwise in the price offer or in the price list
valid at the respective time, the prices include:
transport insurance
customs fees
transportation fees to the agreed place in the Slovak Republic.
2.3. The prices exclude the value added tax which shall be added to the
price of every product and invoiced separately in the amount
prescribed by the law.
3. Payment
3.1. Forty percent (40 %) of the total price (including the price and the
respective fees) is due after the receipt of the order from the
Customer. The outstanding sixty percent (60 %) of the total price is
due prior to the shipment of the Products on the day of announcement
the precise term of sending the Products to the Customer by COMPAQ.
3.2. All the payments for the fulfilment by COMPAQ shall be remitted to the
credit of COMPAQ on its account in Tatra Banka and these must be made
in full amount, not decreased by any bank fees or other expenses
related with the transfer
3.3. Reservation of ownership.
The ownership right is transferred to the Customer only for the
devices (hardware, material merchandise) and that by full settlement
of the price.
4. Supply
4.1. The supply of the products is considered to be realised when these
products are supplied by COMPAQ to the agreed place. COMPAQ is
responsible for the customs duty for which reason the Customer
shall provide the essential co-operation.
4.2. The date of supply is approximative and it results from the
presumption that the export permit is granted in time. If any
delay occurs which is not under COMPAQ's control or for which
COMPAQ is not responsible, the date of supply shall be postponed
appropriately.
4.3. If the supply is delayed due to the reasons on which it can be
reasonable presumed to be under COMPAQ's control or for which
COMPAQ is responsible and if the supply is not performed even in
additional period determined by the Customer in writing, the
Customer has the right to rescind from the Contract. This right is
provided to the Customer instead of any other right for the loss
compensation due to the supply delay which could otherwise be
applied by the Customer against COMPAQ.
4.4. In case COMPAQ must delay the supply on the request of the
Customer or due to other reasons for which the Customer is
responsible, all the expenses on storing caused by such a delay
shall be charged to the Customer.
4.5. In case of merchandise to be installed to the Customer the
acceptation shall mean the time of supply with the exception of
the case that the Customer informs COMPAQ within the period of
fifteen (15) days from the supply on the products defects or on
non-conformance with the order accepted by COMPAQ.
5. Installation by COMPAQ, Preparation of the Place of Installation
5.1. Prior to the installation performed by COMPAQ the Customer is
obliged to ensure the preparation of the place of installation in
compliance with the manual or instructions issued by COMPAQ.
5.2. The installation is not included in the price, unless determined
otherwise by COMPAQ in the valid price list or price
determination.
5.3. If the installation is performed by COMPAQ, the following
conditions shall be valid:
5.3.1. The Customer shall be liable
- to deal with the devices properly
- to ensure all the items reasonable needed for the
installation and to prepare the place of installation
reasonably in compliance with the recommendation of
COMPAQ
- to provide COMPAQ with the access to any devices needed
for the purpose of installation for the period of thirty
days from the supply of products.
5.3.2 The installation of products is considered to be completed
at the moment of successful completion of the standard
testing procedures of COMPAQ.
5.3.3. Software installation (computer programmes) shall be made
in compliance with the respective description of features
of the software products ("SPD") valid at the time of
order acceptation.
5.3.4. COMPAQ is not liable for the connection of its products to
other products. If COMPAQ decides to realise such a
connection on the basis of the Customer's request, it does
not warrant the consequences and the losses in this
relation.
5.4. The Customer shall sign and hand over to COMPAQ within 15 days
after
- the supply (in case of merchandise installed by the Customer) or
- the installation (in case of merchandise installed by COMPAQ)
the documents submitted by COMPAQ at the supply, confirming the
supply of merchandise determined in them.
6. Export - Re-export
6.1. The products supplied pursuant to these conditions may be subject
to the American or local regulations on the control regime of the
merchandise. The Customer binds itself to follow these conditions
at the import, export and potential re-export of such a controlled
merchandise and technical data supplied by COMPAQ. This obligation
shall also relate to that technical information directly obtained
from the above mentioned controlled merchandise and technical
data.
6.2. With no regard to other provisions of these conditions, in case it
is requested by the law, the fulfilment by COMPAQ pursuant to
these conditions may only be supplied under the condition that
COMPAQ is granted the import and export permits if requested.
6.3. It shall be an exclusive obligation of the Customer to meet the
local re-export regulations. The Customer binds itself not to
export the products of COMPAQ without the prior written consent of
COMPAQ. This consent shall not be unreasonably withdrawn.
7. Safety of Employees
An employee of the Customer shall always accompany the staff of COMPAQ if
this stays in the Customer's premises. The Customer shall take all the
appropriate measures for the protection of health and safety of employees
of COMPAQ in its premises.
8. Warranties
Unless determined otherwise in writing, the obligations of COMPAQ in
relation to the defects of its fulfilment or the warranty for the quality
for the products supplier shall be in the scope and in compliance with
the provisions of this Article 8.
8.1. Warranty for Device
8.1.1. COMPAQ provides the warranty that the products are free of
defects of material or processing for the period of the
determination of the respective products in the price list
of COMPAQ which is not less than 12 months from the date of
the completion of the installation or if the installation
is not performed by COMPAQ from the date of supply
("warranty period"). If COMPAQ is prevented from the
installation of certain device by circumstances which are
not under its control for the period of more than thirty
(30) days from the date of supply, the warranty period
starts to lapse on the thirtieth (30th) day after the
supply.
8.1.2. COMPAQ binds itself (based on its own discretion) to repair
or replace any part of the products supplied which is
defective in the warranty period due to the defect of
material or processing. The warranty for the parts replaced
in the warranty period for the defective parts shall expire
together with
the warranty of the overall device the part of which this
part became by the replacement. In case of the replacement
of the overall device, the original warranty period
continues and it is not renewed. The warranty period does
not lapse during the time for which the device is out of
work. All the substituted devices or parts become the
property of COMPAQ and the substituting devices (or its
parts) become the property of the Customer in the scope
equal to that prior to the replacement with what was
replaced.
8.1.3. The above stated warranty repairs shall be performed by
COMPAQ within the premises of COMPAQ unless agreed
otherwise.
8.1.4. If it is found after the Customer's request for the
warranty repair that the device is not defective pursuant
to the conditions of the warranty, the Customer shall
settle all the expenses on the transportation, manipulation
and repair pursuant to its usual prices valid at the
respective time to COMPAQ.
8.2. Responsibility for software bugs:
COMPAQ warrants that the software supported by its party complies
with the "COMPAQ Software Products Description - "SPD") valid at
the time of order acceptation. The only obligation of COMPAQ in
relation to such bugs is to remove the bugs causing that the
software does not comply with SPD during the warranty period
determined in SPD.
The liability of COMPAQ for the software bugs which is not of
COMPAQ brand is limited to the scope in compliance with the
conditions determined by the third party which owns such software
and which are determined on the cover or form a part of it. If
such conditions are not determined the conditions of the
subsection 8.2. shall apply.
8.3. COMPAQ shall defend the Customer at its own costs against any
claim of a third party pursuant to which any of the products
supplied pursuant to these conditions violates the invention or
copyright pursuant to the Slovak law and it shall settle all the
expenses and loss compensations ordered on the basis of a valid
court resolution in the issue of such a claim and that under the
condition it is informed on such a claim immediately in writing
and that it is provided with information and co-operation which
may be reasonable expected as well as exclusive full power for the
defence for such a claim along with the power to resolve it by
reconciliation. As a consequence of such an application of the
claim COMPAQ may obtain for the Customer the right to use the
product or to replace it or to modify it in such a manner that it
does not violate the protected rights or if such manners of remedy
are not possible or suitable, the Customer shall have the right
for the return of the value of the aggrieved products not
depreciated after the return to COMPAQ.
COMPAQ shall not settle any losses or be otherwise liable in cases
if the alleged violation of the copyright or of the inventions
rights is based on the use or sale of products in combination with
other products not supplied by COMPAQ.
8.4. Mutual Provisions
The warranty is not provided for the products on which the serial numbers
were removed or to the states caused by an improper use or external
impacts, including service or modifications performed by persons not
authorised by COMPAQ or by an operation in the environment not complying
with the parameters determined by COMPAQ for the respective product.
COMPAQ does not warrant that the products operation will be uninterrupted
or free of errors. The warranty service may not be provided if COMPAQ has
the justified opinion that the conditions in the premises of the Customer
are risky with regard to the safety and health protection.
The Customer binds itself to perform all the available measures to ensure
that the data is not lost in relation to the warranty or maintenance work
on the products sold or licensed pursuant to these conditions.
9. Licence for Software Products and Documentation
9.1. Necessity of Valid Licence
9.1.1. The software may only be used if the licence provided for
it by COMPAQ is valid. The licence may be transferred to
third persons only with prior written consent of COMPAQ.
9.1.2. The licence is only provided for a specific software
version. The following versions or up-dates request
granting of new licence.
9.1.3. Unauthorised software (for the use of which the permission
was not granted) included on the data carrier supplied by
COMPAQ to the Customer for the purpose of the use of
authorised software may only be used by the Customer if it
obtains a valid licence for its use from COMPAQ.
9.1.4. Software which is not of COMPAQ brand (software of a third
party) is subject to the licence conditions stipulated by
its owner. However, if such a licence for the software of a
third party is not attached to it at the supply, the
licence conditions of COMPAQ shall be valid.
9.2. Authorised Use:
9.2.1. Unless expressly determined otherwise, the Customer may
load and execute the software only on such and the only
processor or device configuration on which the software was
installed the first time. The execution on other processor
is only permitted for a temporary period of time in case of
the failure of the original processor which results in the
inability to execute the software.
9.2.2. The Customer may copy the software for the use on other
processor only if it purchases another separate licence.
9.2.3. The Customer may modify and link the software only in the
form readable by the machine for the use on a separate
processor described in the subsection 9.2.1.. If there are
functions established for the control of the use of the
licence, such as the keys of authorisation for the use of
the product, the Customer must install these pursuant to
the instructions and shall not evade them intentionally or
put them out of operation. The Customer binds itself to
reproduce the legal warnings of COMPAQ
such as the warning relating to the copyright on all such
copies and modifications.
9.2.4. The Customer may not make copies or modifications of
software except for the cases described under the
subsections 9.2.1. and 9.2.2.. The Customer may not make
translations or derivations of the software.
9.2.5. The Customer must maintain records providing for the
possibility of the identification of the processor on which
the software is used, as well as the software licence which
authorises such a use. The Customer is obliged to make
these records available to COMPAQ or to its representative
based on the request
9.3. Intellectual Property of COMPAQ:
9.3.1. The software includes a valuable technology owned by
COMPAQ. The Customer binds itself not to admit that the
software is available in any form to a third person.
9.3.2. The Customer acknowledges that COMPAQ is the software owner
and has all the rights resulting form the intellectual
property of software, including the copyright, inventions,
rights of industrial secret. COMPAQ does not transfer the
software ownership to the Customer in any form.
9.3.3. The Customer may not apply decompilation or inverse
assembler on software including the hardware or firmware
implementations of the software.
9.3.4. The Customer binds itself not to violate the rights of
COMPAQ for its intellectual property in any way and it
shall not enable third parties to make copies, use for the
access to the software without the valid licence from
COMPAQ. If an unauthorised third person makes a copy or
uses the software or has an access to it, the Customer
binds itself to indemnify COMPAQ.
9.3.5. Based on its best effort, the Customer binds itself to
apply the internal rules and procedures within its
organisation for the protection of COMPAQ rights of the
intellectual property for the software. COMPAQ binds itself
to provide co-operation in this effort based on request.
9.3.6. COMPAQ may terminate any licence for software provided to a
Customer if the Customer does not comply with any of its
obligations in relation to COMPAQ relating to such software
and this non compliance would not be corrected even within
ten (10) days after receiving written appeal from COMPAQ.
After such a termination of the licence the Customer is
obliged to return the software to COMPAQ immediately.
9.3.7. The documentation, schemes, testing device, software (for
which licence was not granted) and the respective data
carriers used by the staff of COMPAQ at the place of
installation remain the exclusive ownership of COMPAQ and
shall be for its exclusive use.
9.3.8. COMPAQ reserves the copyright and the rights of
intellectual or material ownership for all the supplied
documentation and for any development or products that
would be created from the services provided to the Customer
including unlimited sales and promotion rights.
10. Limitation of Loss Compensation
With the exception of the claims from the violation of the rights of the
intellectual property of third parties that are regulated in the
Subsection 8.3. above, the right of the Customer for the compensation of
loss caused by the fault of COMPAQ shall be limited to the obligation of
COMPAQ to pay the Contractual fine in the amount of found direct losses
(i.e. the losses that occurred as a direct consequence of the loss event)
to the Customer the higher of the total amount of SKK 30 million or the
price paid for the products that are subject of such a claim. The above
stated limitation does not relate to losses on health caused by
negligence by COMPAQ. COMPAQ shall in no case and scope settle the lost
profit or losses resulting from the loss of data, possibility to use the
products or any other losses except for the direct ones.
It is an exclusive obligation of the Customer to ensure that the loss of data
does not occur.
11. General Provisions
11.1. The COMPAQ products are not determined for sale or granting of
licence for direct control of nuclear devices. COMPAQ has the
right to request special Contractual provisions for the cases of
other nuclear applications of the products and for the
applications of the products in the air traffic or railway traffic
control.
11.2. The orders or the rights of them are not transferable without a
prior written consent of both parties. However, COMPAQ has the
right to transfer outstanding receivables.
11.3. The Contracts made pursuant to these General Sales Conditions
shall submit mostly to the provision of the Commercial code and
other respective Slovak legal standards.
Annex D.
General Warranty Conditions
for Compaq Products
Valid from May 1, 2000
This document describes General Warranty Conditions for Compaq Products
including the Digital products.
The document describes general conditions, detailed description of Warranty
Conditions is attached to every product.
INTRODUCTION
Compaq provides the warranty in the agreed scope for the material or manufacture
defects of hardware products of Compaq.
The warranty covers the period as determined in the table of Warranty Services
(Table No. 1). The document on the purchase with the serial number and the date
of purchase is the document on the day of purchase. With the request for the
service intervention it is needed to determine the product serial number. In
other case the provider of Compaq service may consider the service requirement
to be out of warranty service which shall be charged to the applicant.
During the warranty period Compaq shall repair the products or replace the
defective parts by new parts or parts used which are equivalent in terms of
functionality and performance with new parts at its own costs. The repair or
replacement of a part may be performed at the Customer, in Compaq service centre
or with Authorised Compaq Service Partner or by means of other service
procedures (see later). The products linked externally to the system (CPU) box,
e.g. the external memory sub-system, printers and other peripherals are covered
by their own warranty.
Note 1: A successful repair does not request the part replacement necessarily.
E.g. the cleaning of the heads of floppy disk or increase of the level of
revision of ROM BIOS are the activities that often ensure successful repair.
Note 2: The increase of the level of the revision of BIOS/firmware is not
covered by the fundamental warranty conditions. The firmware which forms a part
of the electronic desk is not automatically upgraded with the new version of
firmware.
In case of a hardware problem caused by obsolete version of BIOS/firmware,
Compaq shall either ensure the latest version of firmware by the replacement of
the influenced component within the warranty or it shall recommend to the
Customer to upgrade firmware on Flash-ROM. It is a material responsibility of
the Customer to:
1. ensure compatibility of its software with the latest version of
BIOS/firmware, and
2. upgrade firmware with the purpose of synchronisation with the new
software versions.
Note 3: Due to keeping the data of the Customer secret it is sometimes not
suitable to return the defective disk. In such a case it shall be asked to
purchase a new disk.
The warranty repairs are performed by the Authorised Compaq Service Partners
representing Compaq or by Compaq itself. The references to Compaq in this
document shall be equally valid for the Authorised Compaq Service Partner. If
after a repeated effort Compaq is unable to put the product into operation,
Compaq may return the purchase price or to replace the product by a functionally
equivalent product at its own costs. All the replaced parts and products
substituted within the warranty shall become the property of Compaq.
The following shall be excluded from these warranty conditions:
o Parts of consumer nature
o Warranty services for products from which the serial number has been
removed
o Defects caused by normal wear and tear
o Defects caused by work outside the users parameters determined in the
manual (including burnt out screens of monitors and incorrect initial
feeding)
o Defects caused by a virus from the party of the Customer
o Defects caused by damage (including accidental one) with the use of parts
other than of Compaq as well as the repair or modification by persons
other than the ones authorised by Compaq
o Software including pre-installed one. The warranty for software is
defined under the Software Licence Conditions of Compaq
o Defects caused by the use of software, accessories, media, fillings,
consumer parts not approved by Compaq or by other parts not determined
for the use with the product
o Places where the conditions at the Customer represent safety or health
risk.
Compaq assumes no liability for the damage or loss of any data or software.
Compaq recommends that the Customer makes a back-up of all the software and
data, as well as that it takes all non-fix media out.
The Compaq warranty does not cover software and pre-installed software except
for the one installed on the products Alphasever 8200, 8400, GS60, GS140, VAX
7000, Compaq TaskSmart servers and on some StorageWorks products in which case
the 90-day phone support (ATS) and the software support for the pre-installed
operational system is not at the disposal.
Compaq recommends to the Customers who need extended service covering over the
level of the warranty to purchase a service Contract from their Authorised
Compaq Service Partner or directly from Compaq.
The user has no other claims or rights for the warranty repair in relation to
Compaq than the ones stipulated hereunder. Compaq shall not be liable for any
losses caused during the repair period. Compaq refuses any liability for
indirect or subsequent damages.
This liability limitation does not relate to the statutory rights of the
purchaser as the consumer or its rights in relation to the seller.
The Compaq warranty services are transferable from the original purchaser to any
entity that would subsequently purchase the hardware product only in case if
this proves the original confirmation of the purchase.
Should Compaq find out that the occurred damage/defect is not covered by the
warranty, e.g. the defect of a memory other than of Compaq or of other part, the
end user shall be contacted whether this defect is to be repaired for the fee or
whether the product is to be returned to the user. All the occurred
transportation and manipulation expenses shall be invoiced to the Customer.
The Compaq warranty conditions are only valid for the products, complements and
parts produced or distributed by Compaq, Digital or Tandem or under their
respective brands.
The title Compaq in these conditions shall mean the business branch of Compaq
Computer Corporation in the country where the claim for the warranty service is
initially applied if there is not branch office in the respective country, it
shall mean Compaq Computer GmbH in Munich, Germany.
Replacement of Parts Free of Charge (Parts Only)
If the Compaq product is covered by the warranty of the replacement of parts
free of charge, the spare part shall be supplied free of charge during the
warranty period. The product may be brought or sent to the Compaq service centre
at the expenses and risk of the Customer together with the document on the date
of purchase. If the defective part is to be dismantled from the Compaq product
by a professional, the defective part shall be only replaced free of charge to
the holder of the valid certificate of the Authorised Compaq Technician (ACT).
Compaq offers the work at the replacement of such a part for fee. The price of
work on the repair is not included in this warranty. The user must back-up all
the data and software and to take non-fix data carriers out.
Parts and Work Free of Charge (Carry-in)
If the Compaq product is covered by the warranty of the parts and work free of
charge, the work on the repair and the spare parts shall be supplied free of
charge during the warranty period. The right for the service is conditioned by
the supply (bringing or sending) of the product to the Compaq service centre at
the expenses and risk of the Customer together with the document on the date of
purchase. Prior to bringing the product in, the Customer shall contact Compaq
with the purpose of problem diagnostics. The user must back-up all the data and
software and to take non-fix data carriers out.
After the repair, the Customer shall pick up the device at its own expenses in
the service centre.
Note 1: The work on repair and the spare parts are provided free of charge.
Note 2: With the products with the world-wide warranty, Compaq shall acknowledge
the world-wide warranty in every country where Compaq has its direct or partner
representation. The response period shall be based on the best effort
substantiated by business and it may vary in various countries.
Repair at the Customer Free of Charge (On Site)
If Compaq product is covered by the warranty repair at the Customer free of
charge, the repair shall be performed at the place of installation at the
Customer. All the parts, work and travelling expenses are free of charge.
Note 1: With the products with the world-wide warranty, Compaq shall acknowledge
the world-wide warranty in every country where Compaq has its direct or partner
representation. The response period shall be based on the best effort
substantiated by business and it may vary in various countries.
Note 2: Compaq may at its own discretion provide alternative method of the
service supply instead of repair at the Customer: Mail-in, Advanced Unit
Replacement (AUR), Customer Replaceable Units (CRUs), etc.
The provision of the warranty repair at the Customer is conditioned by the
fulfilment of the following conditions:
o this service was made generally accessible in the country in which it is
requested
o the product is located within the distance of 100 km maximum and 2 hours
maximum from the nearest Compaq service centre
o Compaq determined that it is not possible to solve the problem via phone
o Compaq hardware product is covered by the warranty repair at the Customer
free of charge during the warranty period.
With the request for the repair at the Customer, the user must be able to
provide the product name, serial number and all the error reports and
expressions of the problem and then it shall call the Compaq service centre. The
user must co-operate with Compaq service centre with the attempt to solve the
problem via phone, including the performance of routine diagnostic procedures.
Shall Compaq acknowledge it to be necessary it shall send a qualified technician
to the place where the device is located. The user is obliged to provide a
document on purchase and to provide sufficient access to the device. The user
shall be charged for every service outside the working hours pursuant to the
price list of Compaq or the price list of service partner of Compaq.
Parts Replaceable by Customer - Customer Replaceable Units (CRU)
Some Compaq products are covered by CRU warranty (e.g. keyboards, mice,
speakers). Within this process, Compaq shall ensure the supply of defective part
directly to the place at the Customer where the Customer shall replace the part
itself. The Customer shall be provided with instructions for the part
installation and for the return of the defective part to Compaq. In case of not
returning the defective part to Compaq within the period of five days, the price
of work shall be invoiced to the Customer.
Extended Part Replacement - Advanced Unit Replacement (AUR)
This type of warranty warrants to the Customer, that after diagnostics of the
defective module, the replaced part will be sent to the Customer to the
determined address. After the acceptation of the spare part, the Customer will
pack and send the defective part back to the Compaq service centre at Compaq's
expenses.
Service of Sending Via Mail - Mail-In Service
Some Compaq products bear the warranty covering of Mail-in. The repaired module
will be sent to the address determined by the Customer. The Customer is
responsible for all the expenses and risks at sending the part to Compaq
collection centre. Compaq will pay the expenses on repair and transport back to
the Customer.
Warranty with Pick UP and Return - Pick Up and Return
With Pick Up and Return service, Compaq or the authorised service partners of
Compaq pick up the defective device directly from the Customer, repair it and
return it back to the Customer address. All the spare parts, work and
transportation expenses related to the transport and repair of the product are
covered by Compaq.
Advisory Telephone Support (ATS)
This service forms a part of warranty for AlphaServer 8200, 8400, GS60, GS140,
VAX 7000, Compaq TaskSmart Servers and StorageWorks and it is applied on the
operational server and pre-installed software.
o ATS includes assistance for the use of software and assistance at the
interpretation of the technical documentation supplied with the software.
In case of software issues, the support is limited to informing the
Customer on the potential solutions of the problem
o ATS is accessible during the working hours
ATS may cover:
o assistance at the use of software
o assistance at the installation
o problem isolation
ATS does not include any solutions and removal of software problems.
Accessories
The accessories and components (except for Compaq Netelligent Products,
integrated Microcom devices, Compaq PC Card modems, PC Card LAN cards, Compaq
external modems and accumulators) bear the warranty for the first 12 months at
the level of "parts and work free of charge."
The accessories (except for Compaq Netelligent Products, integrated Microcom
devices, monitors and accumulators - see the notes below) attached to Compaq
product a materially longer warranty relates which is as follows:
o their own 12-months warranty "parts and work free of charge" (or
36-months warranty "parts and work free of charge" of the products Compaq
PC Card Modem, Combined Modem/Network cards, PC Card LAN cards, Compaq
external modems and life-time warranty "parts only" for Netelligent
network cards) or
o outstanding period and level of the warranty of Compaq product to which
they are linked (e.g. "repair at the Customer" or "replacement of parts"
if the respective warranty is valid for the product) or
o if the product is installed in the sub-system StorageWorks it takes over
the warranty of this sub-system.
Note 1: The accessories linked to Compaq server or system box externally only
have their own warranty.
Note 2: Compaq accumulators have 12-months warranty of "parts only". The
warranty for Compaq Netelligent and Microcom products is determined in the Table
of warranty services. The outstanding period of the warranty service of the
product to which these are linked and/or any warranty services covering the
product do not relate to it.
---------------------------------------------------------------------------------------------------------
Consumer Systems /22/
---------------------------------------------------- ------------------ ---------------- ----------------
Family / Product Year 1 Year 2 Year 3
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq Presario 500 series 5BD carry in 5BD carry in 5BD carry in
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq Presario 700 series 5BD carry in 5BD carry in 5BD carry in
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq Presario 900 series 5BD carry in 5BD carry in 5BD carry in
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq Presario 1000 series 5BD carry in
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq Presario 2000 series 5BD carry in
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq Presario 3000 series 5BD carry in
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq Presario 4000 series 5BD carry in
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq Presario 5000 series 5BD carry in
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq Presario 5000 Mini Tower Series 5BD carry in
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq Presario 5220 All-in-One Series 5BD carry in 5BD carry in 5BD carry in
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq Presario 5520 Series 5BD carry in 5BD carry in 5BD carry in
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq Presario 5700 T, 5900 T CTO 5BD carry in
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq Presario 7100, 7200 series 5BD carry in 5BD carry in 5BD carry in
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq Presario 7300, 7400, 7500, 7900 Series 5BD carry in
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq Presario 8000 Series 5BD carry in
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq Presario 9000 Series 5BD carry in 5BD carry in 5BD carry in
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq Presario 1200, 1600, 1800, 1900 Internet 5BD carry in
Notebook
---------------------------------------------------- ------------------ ---------------- ----------------
---------------------------------------------------------------------------------------------------------
Consumer Systems /22/
---------------------------------------------------- ------------------ ---------------- ----------------
Family / Product Year 1 Year 2 Year 3
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq PageMarq 2 BD on site
---------------------------------------------------- ------------------ ---------------- ----------------
DEClasser 3500 LN14 5 BD carry in
---------------------------------------------------- ------------------ ---------------- ----------------
Digital Laser Printer LN15, LN15 plus, XX00, 0XX on site
LN17+, LN17+ps, XX00, XX 00, XXX00, XXX00x, LCN02
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq Laser Printer LN16, LN 32 1BD on site
---------------------------------------------------- ------------------ ---------------- ----------------
PrintServer 17/600, PrintServer 32 plus 2 BD carry in
---------------------------------------------------- ------------------ ---------------- ----------------
XX00X, XX00X Companion Printer 5 BD carry in
---------------------------------------------------- ------------------ ---------------- ----------------
Xxxxxx XX00X, XX00X Companion Printer 5 BD carry in
---------------------------------------------------- ------------------ ---------------- ----------------
LA310, LA400, LA400plus, LA424, LA600, LA700 5 BD carry in
MiltiPrinter
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq LA450 MultiPrinter 5 BD carry in
---------------------------------------------------- ------------------ ---------------- ----------------
LG04plus/LGL4plus, LG08plus/LGL8plus, LG12 plus 1 BD on site
---------------------------------------------------- ------------------ ---------------- ----------------
Presario IJ 300 printer AUR
---------------------------------------------------- ------------------ ---------------- ----------------
Digital Line Printer LG05plus/LGL5plus 1BD on site
---------------------------------------------------- ------------------ ---------------- ----------------
Digital Line Printer LG09plus 1BD on site
---------------------------------------------------- ------------------ ---------------- ----------------
Digital Line Printer LG14plus 1BD on site
---------------------------------------------------- ------------------ ---------------- ----------------
RapidPrint 200 5 BD carry in
---------------------------------------------------- ------------------ ---------------- ----------------
RapidPrint 500 5 BD carry in 5 BD carry in 5 BD carry in
---------------------------------------------------- ------------------ ---------------- ----------------
--------------------------------------------------------------------------------
Note:
See the explanation of the abbreviations at the end of this document.
4HR, 1BD, 2DB, 4BD and 5BD = Targeted warranty service level working
hour/working days). /12/
--------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------
Storage
---------------------------------------------------------------------------------------------------------
Family / Product Year 1 Year 2 Year 3
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq Proliant Storage System Model UE 1BD on site 1BD on site 1BD on site
---------------------------------------------------- ------------------ ---------------- ----------------
StorageWorks Enterprise Storage Array ESA 10000, 1BD on site Parts only Parts only
ESA 1200 90 days
StorageWorks Raid Xxxxx XX000, XX0000, ATS
RA4000/24/,RA4100, RA8000 StorageWorks
Fibre Channel Raid Xxxxx XX0000
StorageWorks Network Storage Array SWXNA
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq DLT Library Model 15/30, 20/40, 35/70 1BD on site Parts only Parts only
---------------------------------------------------- ------------------ ---------------- ----------------
StorageWorks TL893, TL894, TL 895, TL896, 1BD on site Parts only Parts only
DLT Tape library Systems
---------------------------------------------------- ------------------ ---------------- ----------------
StorageWorks TL890, TL891, TL892, TZ887 1BD on site Parts only Parts only
Automated DLT Tape Mini-library
---------------------------------------------------- ------------------ ---------------- ----------------
StorageWorks TFT5000R Monitor 1BD on site Parts only Parts only
---------------------------------------------------- ------------------ ---------------- ----------------
StorageWorks supported disks: Parts only Parts only Parts only
Hard Drives, SCSI Drives, Solid State Drives,
CD-ROM Drives
---------------------------------------------------- ------------------ ---------------- ----------------
DLT Tape Drives Parts only Parts only Parts only
---------------------------------------------------- ------------------ ---------------- ----------------
DAT, QIC, Other Tape Drives Parts only Parts only Parts only
---------------------------------------------------- ------------------ ---------------- ----------------
Optical Drives Parts only Parts only Parts only
---------------------------------------------------- ------------------ ---------------- ----------------
AC/DC Power Supplies Parts only Parts only Parts only
---------------------------------------------------- ------------------ ---------------- ----------------
Digital Classic Storage Products
---------------------------------------------------- ------------------ ---------------- ----------------
Hard Drives, SCSI Drives/13/ Parts only Parts only Parts only
---------------------------------------------------- ------------------ ---------------- ----------------
Solid State Drives, CD ROM Drives Parts only Parts only Parts only
---------------------------------------------------- ------------------ ---------------- ----------------
DLT Tape drives 1BD on site AUR
---------------------------------------------------- ------------------ ---------------- ----------------
DAT Tape drives 1BD on site
---------------------------------------------------- ------------------ ---------------- ----------------
QIC, Other Tape Drives, Optical Drives Parts only
---------------------------------------------------- ------------------ ---------------- ----------------
AC/DC Power Supplies Parts only
---------------------------------------------------- ------------------ ---------------- ----------------
--------------------------------------------------------------------------------
Note:
See the explanation of the abbreviations at the end of this document.
4HR, 1BD, 2DB, 4BD and 5BD = Targeted warranty service level working
hour/working days). /12/
--------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------
Networking & Communications /8/,/11/
---------------------------------------------------------------------------------------------------------
Family / Product Year 1 Year 2 Year 3
---------------------------------------------------- ------------------ ---------------- ----------------
Netelligent Routers 5BD carry in parts only parts only
---------------------------------------------------- ------------------ ---------------- ----------------
Netelligent Hubs (Repeaters)/5/, and Switches parts only parts only parts only
---------------------------------------------------- ------------------ ---------------- ----------------
Netelligent Hubs (Repeaters), and Switches/6/ 5BD carry in 5BD carry in 5BD carry in
---------------------------------------------------- ------------------ ---------------- ----------------
Netelligent Network interface Controllers/14/ parts only parts only parts only
---------------------------------------------------- ------------------ ---------------- ----------------
Microcom Integrated Access Devices/10/ 5BD carry in 5BD carry in 5BD carry in
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq Remote Access Server 1BD on site 1BD on site 1BD on site
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq iPaq Internet Devices 1BD on site
---------------------------------------------------- ----------------------------------------------------
Compaq IBM 16/4 Token Ring PCI NIC Lifetime/15/
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq Microcom Remote Access Concentrators/10/ 2BD carry in 2BD carry in 2BD carry in
---------------------------------------------------- ----------------------------------------------------
Compaq 10 Base--T unmanaged Hubs Lifetime/15/
---------------------------------------------------- ------------------ ---------------- ----------------
Digital Network Hardware parts only parts only parts only
Etherworks products,
DE203, 204, 205,210, 212, 422, 425, 435,
DEPEA, DEPCM/15/
---------------------------------------------------- ------------------ ---------------- ----------------
FDDI Adaptors parts only parts only parts only
DEFEA, DEFPA/15/
---------------------------------------------------- ------------------ ---------------- ----------------
Stackable Hubs parts only
DETMI, DETML/15/
---------------------------------------------------- ------------------ ---------------- ----------------
GIGAswitches parts only
Multiswitches 600, 700, 900
ATM switch 900
DECswitch 900
PORT switch 900
---------------------------------------------------- ------------------ ---------------- ----------------
DEChub 90, ONE, ONE-MIX parts only
---------------------------------------------------- ------------------ ---------------- ----------------
DIGITAL Access Routers parts only
---------------------------------------------------- ----------------------------------------------------
EtherWORKS 3, EtherWORKS ISA Lifetime/15/
---------------------------------------------------- ----------------------------------------------------
EtherWORKS PCMCIA Adapters parts only parts only parts only
---------------------------------------------------- ------------------ ---------------- ----------------
EtherWORKS Turbo PCI 10 Adapters parts only
---------------------------------------------------- ------------------ ---------------- ----------------
ADMworks 351, 950L parts only
---------------------------------------------------- ------------------ ---------------- ----------------
FastEtherWORKS PCI 10/100 Adapters parts only parts only parts only
---------------------------------------------------- ------------------ ---------------- ----------------
DEC FDDI controller/ESIA Adapters parts only parts only parts only
---------------------------------------------------- ------------------ ---------------- ----------------
DECServers 90/700/900 parts only
---------------------------------------------------- ------------------ ---------------- ----------------
EtherNet Repeaters 90, 900 parts only
---------------------------------------------------- ------------------ ---------------- ----------------
DECContractor 900 parts only
---------------------------------------------------- ------------------ ---------------- ----------------
DECbridge 90 parts only
---------------------------------------------------- ------------------ ---------------- ----------------
--------------------------------------------------------------------------------
Note:
See the explanation of the abbreviations at the end of this document.
4HR, 1BD, 2DB, 4BD and 5BD = Targeted warranty service level working
hour/working days). /12/
--------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------
Monitors
---------------------------------------------------------------------------------------------------------
Family / Product Year 1 Year 2 Year 3
---------------------------------------------------- ------------------ ---------------- ----------------
Qvision 200 and 210, S510 2BD on site
---------------------------------------------------- ------------------ ---------------- ----------------
S700, S710. X000,X00 XXX, X000, 0XX on site Parts only Parts only
V75, V90
---------------------------------------------------- ------------------ ---------------- ----------------
V700, V900, V1000/19/ 1BD on site 1BD on site 1BD on site
---------------------------------------------------- ------------------ ---------------- ----------------
V70 and all other low end monitors 2BD carry in
---------------------------------------------------- ------------------ ---------------- ----------------
P75, P110, P700, P900, P1100, P1610/19/ 1BD on site 1BD on site 1BD on site
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq TFT 5000, 5010, 5000S, 7000, 8000, 1BD on site 1BD on site 1BD on site
8020/19/
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq TFT 450 and 500 (excluding backlight) 2BD on site Parts only Parts only
---------------------------------------------------- ------------------ ---------------- ----------------
Backlights for Compaq TFT 450 and 500 2BD on site
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq Xxxxxxxxx XX000, XX000, XX000, XX000, 5BD carry in
MV720, MV900, MV920
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq Presario FP700, FP720, FP730A,Flat Panel 5BD carry in
Monitor
---------------------------------------------------- ------------------ ---------------- ----------------
DIGITAL Monitors 15"-19" CRU Parts only Parts only
Part#s FR-PCXAV/** and FR/PCXVB/**
---------------------------------------------------- ------------------ ---------------- ----------------
DIGITAL Monitors 21"-24" 1BD on site Parts only Parts only
Part#sFR/PCXAV-**
---------------------------------------------------- ------------------ ---------------- ----------------
DIGITAL Monitors 14"-15" CRU
Part#sFR/PCXCV-**
---------------------------------------------------- ------------------ ---------------- ----------------
---------------------------------------------------------------------------------------------------------
Options /2/, /11/
---------------------------------------------------------------------------------------------------------
Family / Product Year 1 Year 2 Year 3
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq PC Card Modems and PC Card LAN Cards See OPTIONS section above
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq External Modems parts only parts only parts only
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq MP 1600 Projector AUR AUR
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq Thin Client Terminals T1000, T1500 5BD carry in 5BD carry in 5BD carry in
---------------------------------------------------- ------------------ ---------------- ----------------
DIGITAL XxXxxx Rechargeable Battery Pack CRU
---------------------------------------------------- ------------------ ---------------- ----------------
Rechargeable Battery Packs see OPTIONS parts only
section above
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq UN-interruptible Power Suppliers/21/ 5BD carry in
T700, T1000, T1500, T2000, T2400, R1500, R3000,
R6000
---------------------------------------------------- ------------------ ---------------- ----------------
Compaq Pro UPS 500/21/ 5BD carry in 5BD carry in
---------------------------------------------------- ------------------ ---------------- ----------------
DIGITAL UN-interruptible Power Suppliers parts only parts only parts only
Prestige Desktop models
---------------------------------------------------- ------------------ ---------------- ----------------
Prestige Series 3000/6000 AUR AUR AUR
---------------------------------------------------- ------------------ ---------------- ----------------
Powerware Profile, Powerware Plus 1BD on site 1BD on site
---------------------------------------------------- ------------------ ---------------- ----------------
One Plus parts only parts only
---------------------------------------------------- ------------------ ---------------- ----------------
Standby UPS AUR AUR AUR
---------------------------------------------------- ------------------ ---------------- ----------------
--------------------------------------------------------------------------------
Note:
See the explanation of the abbreviations at the end of this document.
4HR, 1BD, 2DB, 4BD and 5BD = Targeted warranty service level working
hour/working days). /12/
--------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------
Software Product Warranty
---------------------------------------------------------------------------------------------------------
Factory Installed Operating Systems 90 days telephone support/conformance
---------------------------------------------------------- ----------------------------------------------
PC Application Software purchased from DIGITAL 90 days telephone support/conformance
---------------------------------------------------------- ----------------------------------------------
DIGITAL ServerWORKS Manager 90 days telephone support/conformance
---------------------------------------------------------- ----------------------------------------------
DIGITAL ServerWORKS Quick Launch 90 days telephone support/conformance
---------------------------------------------------------- ----------------------------------------------
Media Diskettes 90 days return to Compaq
---------------------------------------------------------- ----------------------------------------------
Documentation 90 days return to Compaq
---------------------------------------------------------- ----------------------------------------------
Accessories and Supplies 90 days return to Compaq
---------------------------------------------------------- ----------------------------------------------
Explanation:
Parts only - part replacement free of charge
Carry in - part replacement and work free of charge
On site - part replacement and work at the Customer free of charge
Mail in - service of sending via mail
CRU - Customer Replaceable Units
AUR - Advanced Unit Replacement
ATS - Advisory Telephone Support
PUR - Pick Up and Return
(a more detailed description is provided in previous subsections)
Notes:
1. Except for Prioris Xle Servers
2. DIGITAL Server 7000 Model 73xx accessories in pedestal or rack that are
external to CPU system box have their own warranty. Compaq recommends to
the Customer to purchase the complementary service so that the complement
has the same covering.
3. Except for DIGITAL XxXxxx XX 70x.
4. The warranty with DIGITAL Server Rackmount rack is one year On-site and
it does not take over the warranty of the system installed inside. Compaq
recommends to purchase equalisation of the respective services.
5. Compaq Netelligent 1005, 1009B and 1017A/B hubs bear life-time warranty
of "part only".
6. All the new Netelligent Hubs and Switches manufactured after September 1,
1998 shall assume the warranty pursuant to the table.
7. Warranty for new Presario 5000 products (manufactured after 1998) may not
be replaced with the warranty for Compaq Pressario 5220 and 5520.
8. Netelligent products relate to all Netelligent products produced or sold
by Compq.
9. Microcom products relate to all Microcom products produced or sold by
Compaq.
10. The planned service levels for Carry-in warranties are the times of
repair and do not include time of transportation.
11. Digital hard disks bear 5-years warranty of "part only".
12. Netelligent Network Interface controllers bear life-time warranty.
13. The warranty for these products is extended to life-time one if the
product is registered with Compaq. The life-time warranty is limited to 5
year after the last day of manufacture.
14. As a standard, NeoServer is connected with advanced replacement CarePaq.
15. Deskpro Eps purchased prior to August 23, 1999, have the original
warranty for 3 years of part only, in the first year also the work at the
Customer with the response of 2 working days.
16. Deskpro Ens and Workstation purchased prior to August 23, 1999, have the
original warranty for 3 years of part only, in the first year also the
work at the Customer with the response of 2 working days.
17. The monitors purchased prior to August 23, 1999, have the original
warranty for 3 years of part only, in the first year also the work at the
Customer with the response of 2 working days.
18. XP900/1000 Workstation purchased prior to January 1, 2000 have the
original warranty for 3 years of part only, in the first year also the
work with Customer with the response of one working day.
19. If Compaq UPS is installed to Compaq system, the warranty of UPS itself
may relate to UPS or the warranty of the whole system depending on the
fact which one is valid for a longer period of time.
20. 1 year warranty relates to the product line Pressario. The warranty
includes replacement of part free of charge and it is valid only in the
area, where the product was purchased. If the product was purchased in EU
countries, Switzerland or Norway, you may apply the warranty in any of
these countries. Otherwise you may apply the warranty only in that
country where the product was purchased.
21. It only relates to Proliant ML and DL products.
22. The original warranty for 3 years with the Customer with the response on
the next working day relates to RA4000 storagework purchased prior to
August 23, 1999.