AMENDMENT TO CPE GENERALLY AVAILABLE TERMS AND CONDITIONS [ 02/08/03 Version No: 1.0 ] (EFFICIENT MODEMS)
THIS FIRST AMENDMENT to The Generally Available Terms and Conditions for the Purchase of DSL CPE and for DSL CPE Services (the “Efficient Amendment”) is made and entered into and effective as of the ____ day of ___________, 20___ by and between SBC Advanced Solutions, Inc (SBC ASI); having a principal place of business at 1010 N. St. Mary's, 8th Floor, San Antonio, Texas 78205, on behalf of itself and its affiliated companies, and ________________________ (“Customer”) having a principal place of business at ___________________________________________. (SBC ASI and Customer are sometimes referred to hereinafter as “Party” or “Parties”). WHEREAS, SBC ASI and Customer are parties to that certain Agreement for the Purchase of DSL CPE and for DSL CPE Services dated as of _____________, 20___ (The Generally Available Terms And Conditions ); and WHEREAS, SBC ASI and Customer desire to expand the DSL CPE Services to cover certain Efficient modems, as provided below. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, SBC ASI and Customer agree as follows: 1. Scope of This Efficient Amendment This Efficient Amendment contains the terms and conditions by which SBC ASI will replace certain defective Efficient modems that were not sold by SBC ASI when an SBC ASI technician encounters the covered Efficient modem at Customer’s End User’s premises while performing DSL CPE Services under The Generally Available Terms and Conditions. Capitalized terms used but not otherwise defined herein shall have the meanings given thereto in The Generally Available Terms and Conditions. 2. DSL CPE Services for Certain Efficient Modems A. SBC ASI will replace certain defective Efficient modems (identified in (B) below) that were not sold by SBC ASI, but were purchased on or after November 1, 2002, as follows: 1. If a SBC ASI Technician is dispatched, and while performing DSL CPE Services under the Agreement, covered Efficient CPE is found to be defective, and it is within one (1) year of the SBC ASI order completion date, the SBC ASI Technician will retrieve the defective Efficient CPE and replace it. If the defective Efficient CPE is an out-of-box failure, SBC ASI will replace it with a new or A-stock modem of the same model. If the defective Efficient CPE is not an out-of-box failure, SBC ASI will replace it with a used or C-stock modem of the same model. 2. Time sensitive Additional Premises Work charges will apply (see schedule B of The Generally Available Terms and Conditions) and be billed to Customer. Customer shall be responsible for payment of time sensitive Additional Premises Work charges that cover the period from the time the SBC ASI technician arrives at the premises to the time the SBC ASI technician completes the replacement. 3. Replacement of the defective covered Efficient CPE will consist of the connection of the replacement modem. Other work, such as installation of jacks or wiring or
RESTRICTED - PROPRIETARY INFORMATION Revised Date: 02/14/03 The information contained herein is for use by authorized employees and agents of the parties hereto and/or affiliates only and is not for general distribution within or outside their respective companies. V2
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Network Interface Cards will be handled per The Generally Available Terms and Conditions. B. Efficient models covered: Efficient Model 5360 Future Efficient Models if the same Efficient Model is also sold by SBC ASI C. Definitions a. Out-of-Box Failure - this modem failed to work on its initial use. b. A-Stock Modem - a modem that meets the criteria as an unused modem and can be shipped to any customer as new. c. C-Stock Modem - a modem that is used but has been tested, inspected and refurbished for reuse as a used part. This modem cannot be considered as a new part or unused. 2. Effectiveness of Agreement. Except as expressly provided herein, nothing in this Efficient Amendment shall be deemed to waive or modify any of the provisions of The Generally Available Terms and Conditions. In the event of any conflict between The Generally Available Terms and Conditions, this Efficient Amendment or any other amendment or addendum thereof, the document later in time shall prevail. 3. Other Terms. Except as provided in this Efficient Amendment, all other terms and conditions of the Agreement shall remain in full force and effect, and the parties hereto acknowledge that such terms and conditions are in full force and effect as of the date hereof. 4. Counterparts and Facsimile Delivery. This Efficient Amendment may be executed in two or more counterparts, each of which shall be deemed an original and all of which taken together shall be deemed to constitute one and the same document. The Parties may sign and deliver this Efficient Amendment by facsimile transmission. Each Party agrees that the delivery of the Efficient Amendment by facsimile shall have the same force and effect as delivery of original signature pages and that each Party may use such facsimile signatures as evidence of the execution and delivery of the Efficient Amendment by all Parties to the same extent that an original signature could be used. IN WITNESS WHEREOF, each of the Parties hereto has caused this Efficient Amendment to be signed and delivered by its duly authorized representative as of the day and year first set forth above. SBC Advanced Solutions, Inc. By:___________________________________ Print Name:____________________________ Date:_______________________ Customer_________________________ By:____________________________________ Print Name:_____________________________ Name of Customer:_______________________ Date:_____________________
RESTRICTED - PROPRIETARY INFORMATION Revised Date: 02/14/03 The information contained herein is for use by authorized employees and agents of the parties hereto and/or affiliates only and is not for general distribution within or outside their respective companies. V2
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