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4.11.7. Repair of defective parts and/or Devices shall be at no cost to the Purchasing Entity. <br />4.11.8. Upon significant failure of a Product, the warranty period shall commence again for the same <br />amount of time as specified in §4.11.1. Significant failure shall be determined by the Participating <br />State. <br />4.11.9. Contractor warranty obligations shall not apply if: <br />a) Product is installed, wired, modified, altered, or serviced by anyone other than Contractor <br />and/or their Authorized Dealer; <br />b) Product is damaged by accident or misuse; <br />c) If a defective or non -Contractor authorized Accessory, Supply, software, or part is attached to, <br />or used in the Device; <br />d) The Equipment was maintained using other than genuine Sharp supplies and parts; and <br />e) The Device is relocated to any place where Contractor Services are not available. <br />4.11.10.Contractor agrees to perform its Services in a professional manner, consistent with applicable <br />industry standards. <br />4.11.11. It will be at the discretion of each Participating State or Entity to negotiate additional warranty <br />requirements with the Contractor. <br />4.11.12. Lemon Clause <br />a) <br />This clause shall apply to all Devices that are purchased, leased, or rented under this Master <br />Agreement. <br />b) <br />This clause shall not apply if Supplies are used in the Devices that were not manufactured, <br />provided, or authorized by the Contractor. <br />c) <br />The application period is thirty-six (36) months from the date of Acceptance. <br />d) <br />This clause shall take precedence over any other warranty or Services clauses associated with <br />this Master Agreement, or as specified by a Participating State or Entity in their Participating <br />Addendum. <br />e) <br />A Purchasing Entity must maintain an uninterrupted Maintenance Agreement on all purchased <br />Devices in order for this clause to apply past the initial ninety (90) day warranty. <br />f) <br />Any Device that fails (except due to operator error) to function in accordance with the <br />Manufacturer's published performance specifications, four (4) times in any four (4) week <br />period and/or is subject to recurring related problems, shall be replaced with a like -For -like <br />Device that meets or exceeds the requirements of the original Device, at no cost to the <br />Purchasing Entity. <br />4.12. Customer Service <br />4.12.1. Key Personnel. Contractor shall ensure that staff has been allocated appropriately to ensure <br />compliance with this Master Agreement and subsequent Participating State or Entity requirements <br />and that the individuals occupying the Key Personnel positions have adequate experience and <br />Page 43 <br />Copier and Managed Print Services • RFP•NP•164011, N5$PSyjpe=ol�t Mgster Agreement Tema and conditions, CMS # 140603 <br />