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DocuSign Envelope ID:6E5E583C-AE8C-4945-A183-9F3A4F2397EC <br /> 121923-CDW <br /> 2. EQUIPMENT, PRODUCTS, OR SERVICES <br /> A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or <br /> Services as stated in its Proposal submitted under the Solicitation Number listed above. <br /> Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated <br /> into this Contract. <br /> All Equipment and Products provided under this Contract must be new and the current model. <br /> Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated <br /> in Supplier's product and pricing list. Unless agreed to by the Participating Entities in advance, <br /> Equipment or Products must be delivered as operational to the Participating Entity's site. <br /> This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, <br /> sales and sales volume are not guaranteed. <br /> B. WARRANTY. <br /> 1. Product Warranty. Supplier is not the manufacturer of the Products purchased by <br /> Participating Entities hereunder and the only warranties offered are those of the manufacturer, <br /> not Supplier or its Affiliates. In purchasing the Products, the Participating Entity relies on the <br /> manufacturer's specifications only and not on any statements or images that may be provided <br /> by Supplier or its Affiliates. SUPPLIER HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER <br /> EXPRESS OR IMPLIED RELATED TO PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY <br /> WARRANTY OF TITLE ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, <br /> WARRANTY OF NONINFRINGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES. <br /> THE DISCLAIMER CONTAINED IN THIS PARAGRAPH DOES NOT AFFECTTHE TERMS OF ANY <br /> MANUFACTURER'S WARRANTY. Supplier, and its dealers and distributors must agree to assist <br /> the Participating Entity in reaching a resolution in any dispute over warranty terms with the <br /> manufacturer. <br /> 2. Services Warranty. Supplier warrants that the Services will be performed in a good and <br /> workmanlike manner. Participating Entity's sole and exclusive remedy with respect to this <br /> warranty will be at the sole option of Supplier to either (a) use its reasonable commercial <br /> efforts to reperform any Services not in substantial compliance with this warranty or (b) refund <br /> amounts paid by the Participating Entity related to the portion of the Services not in substantial <br /> compliance; provided in each case Participating Entity notifies Supplier in writing within thirty <br /> (30) business days after performance of the applicable Services. This warranty is voided if the <br /> Services are altered by anyone other than Supplier or any of its affiliates or its or their <br /> personnel. Participating Entity shall be solely responsible for reconstructing data (including but <br /> not limited to data located on disk files and memories) and software that may be lost or <br /> damaged or corrupted during the performance of Services. <br /> 3. Third-Party Services. Certain services, such as extended warranty service by manufacturers, <br /> are sold by Supplier as a distributor or sales agent ("Third Party Services"). In the case of Third- <br /> Party Services, the third party will be the party responsible for providing the services to the <br /> Participating Entity and the Participating Entity will look solely to the third party for any loss, <br /> Rev. 3/2022 2 <br />