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Agmt 2014 Dell
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Last modified
6/11/2014 4:54:01 PM
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6/11/2014 4:52:13 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
6/2/2014
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PERM
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_CC Agenda 2014 0602 RG
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2014\Packet 2014 0602
Reso 2014-055
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2014
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<br /> <br /> <br />12 Installation and Implementation of Dell EqualLogic 3-2-1 for vSphere | v1.8 | August 22, 2013 <br />to: software, floppy drives, media drives, modems, speakers, sound cards, zip drives, monitors, <br />keyboards, and mice. In order to receive 2-Hour or 4-Hour parts, Customer must have purchased <br />a corresponding service contract that supports mission critical parts delivery and the Supported <br />Product must be located within the supported coverage area, as determined by Dell. <br />D. Service Parts Ownership. All Dell service parts removed from the Supported Product and <br />returned to Dell become the property of Dell. Customer must pay Dell at the then-current retail <br />price for any service part removed from the Supported Product which are retained by Customer <br />(except for hard drives from Supported Products covered by “Keep Your Hard Drive” service) if <br />Customer has received replacement parts from Dell. Dell uses and Customer expressly authorizes <br />the use of new and reconditioned parts made by various manufacturers in performing warranty <br />repairs. <br />3. Term of Service. <br />This Service Description commences on the date listed on your Order Form and continues through <br />the term (“Term”) indicated on the Order Form. As applicable, the number of systems, licenses, <br />installations, deployments, managed end points or end-users for which Customer has purchased any <br />one or more Services, the rate or price, and the applicable Term for each Service is indicated on <br />Customer’s Order Form. Unless otherwise agreed in writing between Dell and Customer, purchases of <br />Services under this Service Description must be solely for Customer’s own internal use and not for <br />resale or service bureau purposes. <br />4. Important Additional Information <br />A. Rescheduling. Once this Service has been scheduled, any changes to the schedule must occur <br />at least 8 calendar days prior to the scheduled date. If Customer reschedules this service within 7 <br />days or less prior to the scheduled date, there will be a rescheduling fee not to exceed 25% of the <br />price for the Services. Any rescheduling of the Service will be confirmed by Customer at least 8 <br />days prior to commencement of the Service. <br />B. Payment for hardware purchased with installation & deployment services. Unless <br />otherwise agreed to in writing, payment for hardware shall in no case be contingent upon <br />performance or delivery of installation or deployment services purchased with such hardware. <br />C. Commercially Reasonable Limits to Scope of Service. Dell may refuse to provide Service <br />if, in its opinion, providing the Service creates an unreasonable risk to Dell or Dell’s Service <br />providers or if any requested service is beyond the scope of Service. Dell is not liable for any failure <br />or delay in performance due to any cause beyond its control, including Customer’s failure to <br />comply with its obligations under this Service Description. Service extends only to uses for which <br />the Supported Product was designed. <br />D. Optional Services. Optional services (including point-of–need support, installation, consulting, <br />managed, professional, support or training services) may be available for purchase from Dell and <br />will vary by Customer location. Optional services may require a separate agreement with Dell. In <br />the absence of such agreement, optional services are provided pursuant to this Service Description. <br />E. Assignment. Dell may assign this Service and/or Service Description to qualified third party <br />service providers. <br />F. Cancellation. Dell may cancel this Service at any time during the Term for any of the following <br />reasons:
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