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4.9.3. Network installation shall include configuration of the Device for the proper network protocols, <br />and installation of the appropriate print drivers on up to five (5) computers per Device, or as <br />otherwise specified in a Participating Addendum. <br />4.9.4. If applicable, all Devices must be set-up with Preventative Maintenance notifications turned on, <br />and with the most environmentally responsible defaults enabled, including Energy Star saving <br />settings. <br />4.9.5. Contractor may charge for excessive installation requirements, including rigging, access <br />alterations, and access to non -ground floors via stairs. Any such excessive installation charges must <br />be quoted to the Purchasing Entity prior to the signature of any Order, and shall be based on the <br />actual expenditures of Contractor or Authorized Dealer. In addition, Contractor may charge for <br />expedited shipping. <br />4.9.6. Contractor or Authorized Dealers shall affix a label or a decal to the Device at the time of <br />installation which shows the name, address, and telephone number of Contractor or Authorized <br />Dealer responsible for warranty Service of the Equipment. <br />4.9.7. Contractor shall clean-up and remove all debris and rubbish resulting from their work as required <br />by the Purchasing Entity. Upon completion of the work, the premises shall be left in good repair <br />and in an orderly, neat, clean, and unobstructed condition. <br />4.10. Inspection and Acceptance <br />4.10.1. All Products are subject to inspection at reasonable times and places before Acceptance. <br />4.10.2. If the Product does not meet the standard of performance during the initial period of Acceptance <br />Testing, Purchasing Entity may, at its discretion, continue Acceptance Testing on a day-to-day <br />basis until the standard of performance is met. Upon rejection, the Contractor will have fifteen (15) <br />calendar days to cure the standard of performance issue(s). If after the cure period, the Product still <br />has not met the standard of performance, the Purchasing Entity may, at its option: <br />a) Declare Contractor to be in breach and terminate the Order; <br />b) Demand replacement Product from Contractor at no additional cost to Purchasing Entity; or, <br />c) Continue the cure period for an additional time period agreed upon by the Purchasing Entity <br />and the Contractor. Contractor shall pay all costs related to the preparation and shipping of <br />Product returned pursuant to the section. No Product shall be deemed Accepted and no charges <br />shall be paid until the standard of performance is met. <br />4.103. Purchasing Entity shall confirm delivery, installation and Acceptance of all Products covered by <br />each purchase, lease, or rental Order, by signing a Delivery and Acceptance Certificate (D&A), as <br />referenced in Exhibit B (Sample D&A Certificate), which shows Acceptance of the Product(s) <br />and allows Contractor to invoice for the Products(s). <br />4.10.4. Purchasing Entity agrees to sign and return the D&A to Contractor (which, at mutual agreement, <br />may be done electronically) within five (5) Business Days after any Product is installed, or as <br />otherwise stated in a Participating Addendum. <br />4.10.5. Failure to sign the D&A or reject the Product(s) within the foregoing five (5) day period shall be <br />deemed as Acceptance by the Purchasing Entity; however, it does not relieve the Contractor of <br />liability for material (nonconformity that substantially impairs value) defects subsequently revealed <br />when Products are put to use. Acceptance of such Products may be revoked in accordance with the <br />provisions of the applicable commercial code, and the Contractor shall be liable for any resulting <br />Page 41 <br />Copiers and Managed Print services - RFP.NP-18-001, NBTU <br />ster Agreement Terms and conditions, CMS # 140603 <br />