Terms and Conditions
Unless otherwise noted, this Proposal is based upon all work being performed in one continuous phase during normal business
hours, Monday through Friday. Pricing is contingent upon unrestricted access to the areas where the work is to be performed
and, if applicable, access to the equipment or system(s), as necessary, both remotely and directly, so that New Era can
effectively perform its services. Pricing is also contingent upon all cable pathways being easily accessible and free and clear of
obstructions. All trademarks are the property of the respective owners.
Any change to the Scope of Work described in this Proposal involving extra costs shall only be effective upon the execution of a
written Change Order by both Parties.
Warranties and Remedies for Services: New Era warrants all workmanship for one year from completion of the work and that all
installation services will be performed by qualified personnel in a professional manner and in accordance with good commercial
practices and industry standards. Services shall be performed in accordance with all applicable federal, state and local laws,
ordinances, regulations and codes in effect at the time services are rendered. New Era warrants that any equipment provided
hereunder shall conform to the manufacturer’s standard specifications for such equipment and shall be free from defects in both
materials and workmanship for one year. To the extent permitted, New Era will extend applicable manufacturers’ warranties for all
equipment and materials to its end-user customers.
THE WARRANTIES STATEDABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING BUT
NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER
AGREES THAT FOR ANY BREACH OF THE ABOVE WARRANTIES, NEW ERA’S SOLE OBLIGATION SHALL BE TO
REPERFORM THE SERVICES AND REPLACE ANY DEFECTIVE PRODUCTS PROVIDED. NEW ERA’S TOTAL LIABILITY
SHALL IN NO EVENT EXCEED THE TOTAL FEES PAID BY CUSTOMER.
Software Compliance: If access to the manufacturer's technical support organization is conditioned on the existence of an in-
force and valid Manufacturer Support Contract (e.g, Avaya Support Advantage Coverage, Cisco Smartnet Coverage, AVST
XpressCare, Extremeware, etc.), the Customer agrees to maintain such coverage on its systems. If applicable, Customer agrees
to comply with and be bound by the manufacturers Global Software License Terms, as if fully incorporated herein.
Acceptance and Risk of Loss: Equipment that does not require installation shall be considered accepted upon delivery to
Customer. Equipment that requires installation shall be deemed accepted by Customer upon installation and written acceptance
of the equipment by Customer. If Customer does not provide written acceptance due to non-compliance or defect, the equipment
will be deemed accepted immediately once such defect is remedied by New Era. Customer assumes the risk of loss to the
equipment upon delivery. Until the purchase price for the equipment is paid in full, Customer will maintain adequate insurance
against fire, theft or other loss for the equipment’s full insurable value with New Era named as loss payee. Title in the equipment
will pass on full payment of the purchase price, plus all applicable taxes. Any returns may be subject to a restocking fee in
accordance with the NEW ERA Customer Return Material Authorization Policy located at
"http://support.neweratech.cloud/docs/NET-NH_RMA_POLICY.pdf".
Indemnification: The Parties shall indemnify, defend, save and hold harmless each other, their employees, owners, officers,
directors, attorneys, contractors, and agents from and against, and pay or reimburse the other on a current basis for, any and all
costs, liabilities, losses, liens or encumbrances for labor or materials, expenses (including, but not limited to, reasonable
attorneys’ fees, fees of experts, and court costs), claims, and causes of action arising out of, or in any way connected with or
related to, any personal injury to or death of any persons or damage to or loss of property, to the extent that such Losses
occurred as a result of the negligence or misconduct on the part of the other, its employees, subcontractors, agents, or
representatives during the performance of the services.
Limitation of Liability: THE PARTIES AGREE THAT ANY LIABILITY RESULTING FROM A BREACH BY ETHER PARTY SHALL
BE LIMITED TO ACTUAL DAMAGES SUFFERED AND NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR DAMAGES
IN EXCESS OF THE GREATER OF THE AMOUNT OF FEES PAID UNDER THIS AGREEMENT OR THE LIMITS OF ANY
APPLICABLE INSURANCE COVERAGE CARRIED BY EITHER PARTY.NEITHER PARTY SHALL BE LIABLE FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND
WHATSOEVER, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF RECORDS OR DATA, REGARDLESS OF
3 New Era Technology | Quote #036508 v2 Jul 18, 2022
The information contained in this documents is confidential, privileged and only for the information of the intended recipient and may not be used, published or
redistributed without the prior written consent.
