Warranty Terms and Conditions

4011 Clipper Court, Fremont, CA 94538
TEL: (800) 817-6688 (510) 252-9688
FAX: (510) 252-1708

Vicomptel USA Inc. agrees to perform the warranty service subject to the following terms and conditions:

1. EQUIPMENT ELIGIBILITY. All of the Equipment sold and installed by Vicomptel USA Inc. is eligible for the warranty service provided hereunder (the “Service”). Coverage is “Basic Coverage”

2. TERM. The service shall be provided for a one-year term commencing the date of the Equipment in use. (the ”Commencement Date”)

3. PRICING & PAYMENT. The fees for the Service are included in the purchase price of the Equipment. All payments are due prior to the

Commencement Date.

4. COVERAGES PROVIDED.

a) Basic Coverage as defined in this Section 4 shall be provided to the customer. The customer will be billed additionally and separately for Service provided under Extra Coverage in accordance with Vicomptel USA Inc.’s hourly rates and charges in effect at the time such services are performed.

“Basic Coverage” refers to Services provided by Vicomptel USA Inc. or its authorized representative, during “Contract Hours” defined as Monday through Friday 8:30 am-5:30 pm and excludes legal holidays. Basic Coverage consists of such services as may be required to keep the Equipment in good working order, remedial maintenance necessitated by failure of the Equipment and replacement of Equipment.

“Extra Coverage” refers to services provided by Vicomptel USA Inc. or its authorized representative, and consists of i) services requested by customer to be performed beyond Contracted Hours, ii) any service customer requests and Vicomptel USA Inc. agrees to perform and is not included in Basic Coverage, and iii) any requested services resulting from or required by misuse, modification, improper application, ”acts of God”, alternation or damage to the Equipment by Customer or any third party.

b) Equipments or parts added to the system by Customer which are installed by someone other than Vicomptel USA Inc. is not covered under this agreement and, at Vicomptel USA Inc.’s option, may cause immediate termination of the warranty service without notice to customer.

5. NORMAL RESPONSE TIME. Vicomptel USA Inc.’s normal response time to customer’s request for major breakdowns (defined as 80% of telephones or 40% of the lines being out of service) shall be within 4 hours from receipt of notification. Minor breakdowns will be responded to within one business day from receipt of notification.

6. ACCESS AND CUSTOMER ASSISTANCE. Customer agrees that Vicomptel USA Inc. shall have reasonable rights of access to the Equipment for the purposes of performing the service. Customer shall cooperate with Vicomptel USA Inc. on non-skilled performance checks and tests as Vicomptel USA Inc. may reasonably request during its performing of the service.

7. TAXES AND PERMITS. Customers shall obtain all necessary permits and licenses and pay all taxes associated with the services provided hereunder.

8. REQUESTS FOR SERVICE. All requests for service shall be initiated by an authorized personnel of customer and shall include the customer name, address, equipment location and a complete description of the problem.

9. REPLACEMENT OF EQUIPMENT. In the event that any replacement of equipment is provided to the customer by Vicomptel USA Inc. or its authorized representative, the defective/replaced equipment shall become the property of Vicomptel USA Inc. unless otherwise stipulated at the time of the replacement.

10. LIMITATION OF LIABILITY. Vicomptel USA Inc. sole obligation under this agreement shall be to provide the service described herein. IN NO EVENT SHALL Vicomptel USA Inc. BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING, BUT NOT LIMITED TO, EQUIPMENT OR SERVICE, WHETHER ANY CLAIM FOR RECOVERY IS BASED ON THEORIES OF CONTRACT, NEGLIGENCE OR TORT INCLUDING STRICT LIABILITY.

11. FRAUDULENT USE. Vicomptel USA Inc. makes no claim that it can maintain this equipment in a manner to prevent fraudulent intrusion, therefore, no express or implied warranty is made against such fraudulent use.

12. FORCE MAJOR. Vicomptel USA Inc. shall not be considered in default of its obligations hereunder if its performance is prevented by acts of God or Government, labor disputes, failure or delay of transportation, or by vendors of contractors, including the unavailability of replacement parts through normal supply channels, or any other similar cause or causes beyond the reasonable control of Vicomptel USA Inc.

13. MISCELLANEOUS. This Agreement is made in, and intended to be construed under, the laws of the State of California. This Agreement expresses the entire understanding of the parties with respect to the subject matter hereof and no representative or agreements modifying or supplementing the terms of this Agreement shall be valid