forms a part of Expansions shall be
invoiced as set forth in this Section and paid in accordance with Section 13 of
the General Terms.
[***].
6
5.5
CURRENCY AND MODE OF PAYMENTS
5.5.1
THE VALUE OF ALL EQUIPMENT PURCHASED BY
RELIANCE UNDER THIS BROADBAND ACCESS EQUIPMENT CONTRACT SHALL BE COMPUTED BASED
ON NET PRICES EXPRESSED IN [***] IN ACCORDANCE WITH THE PROVISIONS OF THE
GENERAL TERMS, UNLESS OTHERWISE AGREED BY THE PARTIES.
5.5.2
ALL PAYMENTS SHALL BE PAYABLE BY WIRE
TRANSFER.
5.6
TOTAL COST BASIS
[***].
6
WARRANTIES
6.1
EQUIPMENT WARRANTY.
6.1.1
THE VENDOR WARRANTS THAT, DURING THE
PRODUCT WARRANTY PERIOD, ALL EQUIPMENT SHALL CONFORM WITH AND PERFORM IN
ACCORDANCE WITH THE SPECIFICATIONS AND SHALL BE FREE FROM DEFECTS AND
DEFICIENCIES (THE "EQUIPMENT WARRANTY").
6.1.2
DURING THE PRODUCT WARRANTY PERIOD,
VENDOR SHALL PROVIDE THE WARRANTY SERVICES DESCRIBED UNDER THE DOCUMENTS AT NO
ADDITIONAL COST TO RELIANCE.
6.2
BREACH OF WARRANTIES.
6.2.1
IN THE EVENT OF ANY BREACH OF THE
EQUIPMENT WARRANTY, THE VENDOR SHALL PROMPTLY REPAIR OR REPLACE THE DEFECTIVE OR
NONCONFORMING EQUIPMENT OR OTHERWISE CURE ANY DEFECTS AND DEFICIENCIES SO THAT
THE EQUIPMENT AND BROADBAND ACCESS RELIANCE NETWORK SHALL PERFORM IN ACCORDANCE
WITH THE SPECIFICATIONS.
IF THE VENDOR FAILS OR REFUSES
TO PROMPTLY REPAIR,
REPLACE AND/OR CURE SUCH DEFECT, RELIANCE MAY, IN ADDITION TO EXERCISING ANY
OTHER REMEDIES AVAILABLE TO IT UNDER THE CONTRACT, LAW AND/OR EQUITY,
AT ITS
OPTION ;
I)
ELECT TO HAVE SUCH
DEFECTIVE EQUIPMENT, REPLACED, REPAIRED OR CORRECTED BY ITSELF OR ANY THIRD
PARTY, AND VENDOR SHALL IN SUCH AN EVENT (A) PROVIDE ALL TECHNICAL DETAILS,
DOCUMENTATION, AND OTHER INFORMATION REQUIRED FOR SUCH REPAIR REPLACEMENT OR
CORRECTION; AND (B) REIMBURSE RELIANCE FOR ALL DIRECT COSTS INCURRED IN
CONNECTION WITH SUCH REPAIR, REPLACEMENT OR CORRECTION; AND/OR
II)
ELECT TO HAVE THE VENDOR
PROVIDE A CREDIT OR REFUND BASED ON THE ORIGINAL PURCHASE PRICE OF SUCH
DEFECTIVE EQUIPMENT.
6.2.2
THE WARRANTY PERIOD FOR ALL REPAIRED,
REPLACED OR CORRECTED EQUIPMENT SHALL BE THE LONGER OF :
A
[***] FROM THE DATE OF DELIVERY OF
THE REPAIRED, REPLACED OR CORRECTED EQUIPMENT; OR
7
B
THE UN-EXPIRED TERM OF THE ORIGINAL
PRODUCT WARRANTY PERIOD.
6.2.3
NOTWITHSTANDING THE FOREGOING, THE VENDOR
SHALL HAVE NO LIABILITY PURSUANT TO THIS SECTION 6.2 FOR:
A
DAMAGE CAUSED BY AN EVENT OF FORCE MAJEURE OTHER THAN TO THE EXTENT
THAT THE EQUIPMENT SHOULD HAVE BEEN ABLE TO WITHSTAND ANY SUCH FORCE MAJEURE
EVENT, IN ACCORDANCE WITH THE DOCUMENTS;
B
ALTERATIONS BY RELIANCE AND/OR THE VENDOR AT RELIANCE'S REQUEST
AGAINST VENDOR RECOMMENDATIONS AND INCONSISTENT WITH THIS BROADBAND ACCESS
EQUIPMENT CONTRACT, EXCLUDING NORMAL MAINTENANCE OR PARAMETER CHANGES;
C
DAMAGE OR DEFICIENCIES RESULTING FROM A FAILURE BY RELIANCE TO
FOLLOW THE SPECIFICATIONS;
D
DAMAGE RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF
RELIANCE, OR ANY OF ITS EMPLOYEES, AGENTS OR CONTRACTORS (OTHER THAN THE VENDOR
AND ITS SUBCONTRACTORS); OR
E
PERFORMANCE OR DAMAGES DIRECTLY RESULTING FROM THE FAILURE OF THE
EQUIPMENT OR SOFTWARE (OR ANY RELATED SERVICES) NOT PROVIDED BY THE VENDOR OR
ANY