Schedule G Terms for On-Site Equipment.docx

Schedule G Terms for On-Site Equipment

1. Definitions. All initial capitalized terms in this Schedule that are not defined herein shall have the respective meanings given to them in the Contract.

2. Delivery. Contractor must deliver the Equipment to the locations designated by the State by the delivery date specified in the Statement of Work. Five days prior to the actual delivery date, Contractor must give written notice to the State specifying the precise delivery date and time. Contractor must pay all costs associated with replacing any item damaged in transit to the destination. Contractor acknowledges that no item will be considered delivered on the delivery date if it is damaged or otherwise not ready for the State to begin its acceptance procedures. Contractor must, at a minimum, package the Equipment according to industry standards and include a packing slip with each shipment. Contractor must also arrange for any rigging and drayage necessary to deliver the Equipment. All costs associated with packaging, shipping, transportation, delivery and insurance are included in the implementation costs set forth in the Contract.

3. Installation, Integration and Configuration.

a. Contractor must unpack, assemble, install, integrate, interconnect, and configure all the Equipment at the locations specified in the Statement of Work. Where necessary to complete installation, Contractor must provide all required moving and installation resources, including but not limited to personnel, packing material, and floor protection panels. After completing installation, Contractor must provide the State with written notification that the Equipment is ready for use.

b. Contractor must supply all materials required to complete the assembly, installation, integration, interconnection, and configuration of the Equipment at the locations specified in the Statement of Work so that they are ready for use and acceptance, including providing and setting up all required connections to the power supply and any other necessary cables and any other accessories or supplies.

c. Contractor must leave all work areas clean once installation is complete, which includes removing and disposing of all packing materials.

d. All costs associated with the installation services described in this Section are included in the implementation costs set forth in the Contract.

4. Documentation. Contractor must provide to the State all end-user documentation for the Equipment. The documentation, at a minimum, must include all the documentation available to consumers from the manufacturer of the Equipment about the technical specifications of the Equipment, warranties, installation requirements, and operating instructions, as well as details about the software programs with which the Equipment function.

5. Acceptance. The following Section applies generally to the acceptance of Equipment, but is subject to the more specific UAT Test Plan set forth in Schedule G if the Equipment being tested is part of the UAT process.

a. All Equipment is subject to acceptance by the State. As part of its acceptance process, the State may test any function of the Equipment to determine whether it meets the requirements set forth in the Statement of Work. If the Equipment does not meet the requirements set forth in the Statement of Work, the State may reject the Equipment or require that they be corrected at Contractor's sole cost and expense before accepting them.

b. Acceptance by the State does not relieve Contractor of its responsibility for defects in the Equipment or other failures to meet the requirements of the Statement of Work or of its support and maintenance obligations.

c. The procedure for acceptance will be as follows:

i. Contractor must notify the State in writing once the Equipment are ready for use, in accordance with Section 4.a above;

ii. the State will have ten (10) Business Days to perform its acceptance procedures (the "Acceptance Period"); and

iii. if the State provides notice of any deficiency during the Acceptance Period, Contractor must address the deficiency at no cost to the State as soon as possible and notify the State in writing once the work is complete, at which time the State will be entitled to re-inspect the Equipment and Hosting Environment and the Acceptance Period will start again.

6. Warranty for Equipment.

a. Even if the State has accepted the Equipment, Contractor warrants that, throughout the Term, the Equipment and will conform in all ways with the requirements set forth in the Statement of Work.

b. This warranty does not apply to a specific item of the Equipment if the only reason that item fails to conform to the requirements of the Statement of Work is because:

i. a person other than the Contractor, a subcontractor, or a person approved by either of them modifies the Equipment or attaches items that were not designed or approved for use with the Equipment by the Contractor or the manufacturer of the Equipment; or

ii. the State uses consumable supplies or materials in or on the Equipment that are supplied by a person other than the Contractor, if those consumables or materials do not conform to the Equipment manufacturer's instructions to consumers.

c. Contractor must provide maintenance and support services for the Equipment throughout the Term in accordance with Schedule B to the Contract, the Service Level Agreement. All charges and costs associated with providing the maintenance and support during the Term are included in the Contract rates.

7. Risk of Loss and Title.

a. Until final acceptance, risk of loss or damage to Equipment remains with Contractor. Contractor is responsible for filing, processing, and collecting all damage claims. The State will record and report to Contractor any evidence of visible damage. If the State rejects the Equipment, Contractor must remove them from the premises within 10 calendar days after notification of rejection. The risk of loss of rejected or non-conforming Equipment remains with Contractor. Rejected Equipment not removed by Contractor within 10 calendar days will be deemed abandoned by Contractor, and the State will have the right to dispose of it as its own property. Contractor must reimburse the State for costs and expenses incurred in storing or effecting removal or disposition of rejected Equipment.

b. Title for all Equipment shall pass to the State upon final acceptance of the Equipment.