Common use of Hardware Upgrades Clause in Contracts

Hardware Upgrades. a) During the warranty period set out in the OEM Agreement, Castle shall provide, free of charge, any hardware upgrades required to remedy a non-conformance of the hardware to specifications. Upgrades will be provided on a return to factory basis, except as otherwise agreed. Field upgrades are the responsibility of the first/second line support provider. These upgrades shall be performed in accordance with the Repair and Return process set out in SCHEDULE C. b) Hardware upgrades outside of the warranty period, including those required solely as a result of the installation of a new Software Version, are not covered by the Basic Fee and must be purchased in accordance with the OEM Agreement. c) In the event of a network-wide hardware upgrade which is required as a result of a non-conformance to specifications, the Parties agree to work together to devise appropriate plans to minimize the disruption to customers, time required, and costs to both parties, including, if appropriate the use of buffer stock as temporary replacements during the upgrade. d) Castle shall provide, on a return to factory exchange basis, hardware for "Class A" changes as defined in Bellcore TR209 or equivalent.