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1863 IT Products User Guide

1. Scam Networking 3Com 13 Cisco 5 D Link 5 6 LAN Room APC Belkin Chloride Quantum Stone Components Adaptec ATl Barracuda Evercase Hitachi Intel Kingston Microsoft Samsung Seagate Sony Special Needs Accuratus BigTrack Cerratech Dolphin Dragon Evoluent Inspiration Kensington Maltron Microdesk Microsoft Read Write Gold RSIGuard SmartNav Targus X Keys Notebook Tablet Computers ervers Thin Client Networking Infrastructure LAN Room Equipment Components pecial Needs Ergonomic ervice Category Corrective Maintenance un Microsystems Solutions Novell Infrastructure Windows Exchange Solutions Citrix Solutions Unix Linus Solutions Oracle Solutions AP Solutions Managed Service Provision Equipment Disposal Service Category Hourly Rate Daily Rate 25 Maintenance Break fix Desktop Engineer Product Category Desktop Computer Handheld Devices Network Solutions NL ETN SS Server Service 65 Engineer Microsoft Certified 90 Service Engineer Other Server 90 Engineer Service Manager 125 Microsoft Certified Service Engineer Network Solutions Cabling Engineer Site Survey Engineer Project Manager Service Manager Project Manager Windows Solutions Microsoft Certified Server Engineer Other Server Engineer Service Manager Project Manager Consultant S9JIAJ9SG D9JEIDOSSV SjonipOJd D9IE o9 Related Products and A
2. I Related Products and Associated Services Servo Computer Services Ltd Darley Dale Matlock Derbyshire DE4 SBP Contact Steve Churm Tel 01629 821111 E mail steve churm servo co uk Pricing Policy Service Category Hourly Rate Daily Rate Maintenance Field Engineering 120 n a Visit Subsequent Hourly n a Rate in addition to above Windows Solutions Citrix Solutions 65 Microsoft Certified 95 710 System Engineer Project Manager MS 80 600 Infrastructure Solutions 95 80 Citrix Certified 710 Enterprise Administrator Project Manager MS 600 Infrastructure Solutions 34 c Product Category Desktop Notebook Tablet Computers Severs TS Handheld Devices SSCS Thin hens SS AN Room Equipment SSCS Components pecial Needs Ergonomic ervice Category Network Solutions un Microsystems Solutions Novell Infrastructure EN mm EN ra Unix Linus Solutions Oracle Solutions AP Solutions Managed Service Provision quipment Disposal cb Stone Stone Computers Ltd Emerald Way Stone Business Park Stone Staffs STIS OSR Contact Simon Pettit Commercial Director Tel 01785 812100 Fax 01785 817225 E mail simon pettit stonecomputers com Pricing Policy Desktops Apple 14 Stone 20 22 Notebooks Apple 14 Fujitsu Siemens 5 Samsung 17 Stone 21 22 Servers IBM 37 Stone 25 ww
3. Severs Surrey Handheld Devices GU7 IJJ Thin Client AN Room Equipment Components Special Needs Ergonomic Service Category y Corrective Maintenance O P Web www fordway com Contact Richard Blanford Internal Tel 0844 8700100 Fax 01483 423608 E mail richard blanford fordway com un Microsystems Solutions Contact John Hudson External Novell Infrastructure Tel 07 736 920682 E mail john hudson fordway com Windows Exchange Solutions Citrix Solutions Unix Linus Solutions AP Solutions Managed Service Provision quipment Disposal Pricing Policy Grade Service Category Grade Windows Solutions Service Category Hourly Rate Daily Rate Hourly Rate Daily Rate Network Solutions Technician Technician Systems Engineer Systems Engineer Consultant Consultant Project Manager Project Manager Service Manager Service Manager Senior Consultant Senior Consultant Principle Consultant Principle Consultant Sun Solutions Technician Citrix Solutions Technician Systems Engineer Systems Engineer Consultant Consultant Project Manager Project Manager Novell Solutions 20 Service Manager Senior Consultant Principle Consultant Technician Systems Engineer Consultant Project Manager Service Manager Senior Consultant Principle Consultant Service Manager Senior Consultant Principle Consultant cb HBS Mouchel Business
4. Associated Services means the provision of maintenance services or other IT related services ancillary to any service provided to the customer in accordance with this Agreement and any specific customer order Agreement means the agreement between the end user and the Supplier comprised of the Clauses and the Schedules and Annexes thereto Confidential Information means any information which has been designated as confidential by either party in writing or that ought to be considered as confidential however it is conveyed or on whatever media it is stored including information which relates to the business affairs properties assets trading practices developments trade secrets Intellectual Property Rights know how personnel customers and suppliers of either party and all personal data and sensitive personal data within the meaning of the Data Protection Act 1998 Default means any breach of the obligations of either party including but not limited to a fundamental breach or breach of a fundamental term or any default act omission negligence or statement of either party its employees agents or sub contractors in connection with or in relation to the subject matter of this Agreement and in respect of which such party is liable to the other Documentation means the user guide and or operating manual such that the documentation is sufficient to enable the Customer to operate the equipment and remedy b
5. Project Co ordinator Project Co ordinator Deployment Deployment Engineer Engineer Sun Solutions Consultant 96 25 Citrix Solutions Consultant 96 25 Senior Consultant 116 88 Senior Consultant 116 88 Solutions Architect 96 25 Solutions Architect 96 25 Project Manager 116 88 Project Manager 116 88 Engineer 82 50 Engineer 82 50 Novell Solutions Associate Consultant Oracle Solutions Technical Solutions 129 80 Technician Architect Consultant Project Manager 116 60 Senior Consultant Developer 110 Project Manager DBA 110 Service Manager Oracle Middleware 123 20 Consultant Applications DBA 129 80 Functional 129 80 Consultant CI The Group DTP House Bowcliffe Road eeds 510 HB Web www dtpgroup co uk Contact Wendy Sansam Tel 0113 2460210 Fax 0113 2771963 E mail wsansam dtpgroup co uk Pricing Policy Desktops HP Variable Lenovo 2476 4476 HP Notebooks 46 5 59 5 22 55 19 24 19 1 1126 Lenovo Samsung Sony Toshiba Servers HP 29 3 35 9 IBM 48 51 Handheld 29 37 5 Thin Client HP 50 64 6 HP APC 16 19 Belkin Variable Chloride 39 Quantum Variable Product Category SSS Neoworking Infrastructure Si Components Components Special Needs Ergonomic ervice Category Corrective Maintenance Network Solutions un Microsystems Solutions Novell Infrastructure Windows Exchange Solutions Citr
6. as clarified below For products individual evaluation criteria will include Range of products offered 15 Functionality and aesthetics including environmental characteristics 15 Maintenance support and after sales service available 15 Delivery lead times and flexibility 5 For solutions individual evaluation criteria will include e Breadth of service areas covered 8 e Suitability functionality and aesthetics of equipment offered and supported 15 Approach to establishing and meeting customer requirements 10 Maintenance support and after sales service available 10 Typical supply and installation lead times 7 SDAS D9JeloOSSV pue 5 I Related Products and Associated Services 3 Using the Framework 3 Benefits of Using the Framework Using the IT Related Products and Associated Services framework can bring a number of benefits to clients e Clients can either call off from the framework or re open competition within it removing the need for clients to conduct full tender exercises or lengthy supplier evaluations each time they have an IT equipment service requirement saving both the time and cost associated with procurement exercises e established Framework is fully compliant with the Public Contracts Regulations 2006 e Terms and conditions are established to underpin the framework The Framework will be managed and monitored by the relevant Pro5 membe
7. Charges in respect of such Services shall be as detailed in Schedule 4 of the Framework Agreement or the current pricing schedule issued by the relevant Member Authority The Maintenance service shall commence on the day after the Equipment has successfully passed the Acceptance tests Without prejudice to any other remedies available if the Supplier fails to provide the Maintenance Services in accordance with the Specification and the Service levels are not met then the Customer shall be entitled to Service Credits calculated in accordance with Schedule 2 4 92 10 CI2 Title and Risk Subject to Clause 9 2 below title to and risk in the purchased Equipment shall vest in the Customer upon acceptance of the said Equipment in accordance with Clause 6 Title and risk in the Rented Equipment shall at all times remain with the Supplier who shall be responsible for all loss and damage to the Equipment Charges In consideration of the supply of the Equipment and the performance of the Associated Services in accordance with the terms of the Framework Contract these Order Contract Terms and the Order the Customer shall pay the Charges calculated in accordance with Schedule 4 of the Framework Contract and published from time to time by ESPO therein and in accordance with the invoicing procedure and payment profile specified in Schedule 2 2 10 2 Payment shall be made within thirty 30 days of receipt by the Customer at i
8. RSIGuard SmartNav X Keys Product Category Discount Structure Desktops LAN Room Special Needs 3 07 10 42 1 60 8 32 2 06 10 66 0 48 9 63 2 75 5 55 12 95 0 32 0 50 22 09 2 93 1 57 1 97 21 42 4 79 0 93 10 34 6 20 7 80 3 78 8 41 4 49 13 25 2 47 6 69 10 90 10 11 12 07 6 68 11 71 10 86 11 81 2 19 5 74 76 25 9 17 13 8576 85 66 9 24 2 47 8 76 37 45 28 12 8 65 9 63 32 76 21 68 25 49 22 16 8 95 2 67 9 06 3 29 9 06 10 27 2 47 2 65 1 81 2 62 2 61 2 82 11 72 4 19 2 61 2 47 34 97 7 82 11 53 2 46 2 46 cb Product Category Handheld Devies Thin lene Service Category SSS Corrective Novellinrastrucure Windows 7 Exchange Solitons _ Citrix Solutions Unix Linus Solutions Oracle Solutions SAP Solutions MESE Managed Service Provision Equipment Disposal Service Category Hourly Rate Daily Rate Network Solutions Consultant Project Manager Senior Technician Service Manager Sun Solutions Consultant Project Manager Technician Citrix Solutions Principal Consultant Consultant Senior Engineer Application Packager Programme Manager Project Manager Project Co ordinator Oracle Solutions Program Manager Project Manager Senior Functional Applicatio ns Consul
9. SAP Solutions 0 Managed ICT Service provision Equipment Disposal ES Md m pei A revised version of this User Guide will be available and published at www hants gov uk countysupplies under contract HS 1842 following award of the IT related products and associated services Framework Please contact John Mundy for further information The formally awarded Suppliers for each of the framework categories shown in the table above are listed in Schedule A of this document Contact details for the Suppliers can be found in Schedule B with further information on pricing and expenses policies A quick reference guide is provided in Schedule D 2 Establishing the Framework 2 1 General The Framework Agreement permits clients to commission business from suppliers on an ad hoc basis against tendered rates without re opening competition It essentially comprises a standing list of approved suppliers separated into 20 product and service categories from whom clients can select the most appropriate on a case by case basis as required In the event that the client is unsure of the duration of service required to deliver a project or customer s requirement or that the services required demand a considerable investment of resource then clients may wish to consider the merits of re opening competition and further guidance in conducting such further competition is given in Section 3 2 2 below It is anticipated that day to day transactions
10. including undertaking secondary further competitions the appointment of suppliers to specific jobs and delivery of and payment for services will all be conducted directly between the client and the supplier In establishing this framework a standard set of end user terms and conditions was included see Schedule C and these terms and conditions will apply to any work undertaken under this framework Successful suppliers have been advised that these conditions will be the default conditions unless the client is advised otherwise at point of placing an official order and accepts such amendments In the event that a client is unable to identify a suitable category of product service supply within the Framework the client should in the first instance contact the relevant ProS member to seek further advice 2 2 Evaluation of lender Submissions Evaluation was conducted in relation to each of the 20 specific categories resulting in each category list being made up of a number of suppliers The highest scoring organisations were awarded a position on the framework within the relevant category Tenders submitted in response to this market engagement were evaluated by officers of ESPO the lead authority against a set of pre determined evaluation criteria which are as follows Criteria Weighting Price including all price related factors i e discounts 50 delivery charges installation service and support costs etc Quality
11. 1 the terms and expressions set out in Schedule 2 shall have the meanings ascribed therein 1 1 2 the masculine includes the feminine and the neuter and 1 3 the singular includes the plural and vice versa A reference to any statute enactment order regulation or other similar instrument shall be construed as a reference to the statute enactment order regulation or instrument as amended by any subsequent statute enactment order regulation or instrument or as contained in any subsequent re enactment thereof Headings are included in this Agreement for ease of reference only and shall not affect the interpretation or construction of this Agreement References to Clauses and Schedules are unless otherwise provided references to clauses of and schedules to this Agreement In the event and to the extent only of any conflict between the Clauses and the Schedules or the Order the Clauses shall prevail The definition of words and phrases throughout this Agreement are explained on page 48 Definitions Suppliers Obligations The Supplier shall supply the Equipment and perform the Associated Services in accordance in all respects with the terms of this Agreement and the terms and conditions of the relevant Order For the avoidance of doubt the Customer shall not be responsible for any Equipment or Associated Services that are delivered by the Supplier and are not the subject of a valid Order For the avoidance of doubt any ter
12. 2 Where products have been purchased outright then the maintenance and services should be available for 5 years from the date of installation 1 2 3 In addition all replacement parts consumables and non network accessories will be available for a minimum of 5 years after production ceases 2 Service Helpdesk 2 Role 2 1 1 The Contractor shall provide a Service Helpdesk which will be the first point of contact for all Customer enquiries and supply service related issues 2 2 Hours of Cover 2 2 1 The period for which the Support service is available is between the hours of 08 30 to 17 30 Monday to Friday excluding all United Kingdom Public Holidays 2 2 2 The Working Hours upon which response and resolution times are calculated will be 08 30 to 17 30 Monday to Friday excluding all United Kingdom Public Holidays 2 3 Contacting the Service Helpdesk and Call Logging 2 3 Calls may be placed by email or telephone In either case processing of the call will only take place between the hours of 08 30 and 17 30 Monday to Friday excluding all United Kingdom public holidays 2 3 2 The Customer call logging procedure shall achieve the following functions a Provide a standard call logging procedure for the service provided b Minimise the risk of calls being unanswered or missed c Achieve customer satisfaction 2 4 The Service Helpdesk can be contacted a by Telephone b by E mail servicehelpdesk company co u
13. 4 4 825 30 3 6 26 3 92 7 54 34 25 3 47 34 29 6 1 11 6 8 8 13 3 8 5 35 3 99 cb Product Category Handheld Deves _ NeworkmphWasrunue AN Room Equipment SSCS Components SSS Service Category _ un Microsystems Solutions Novell Infrastructure Citrix Solutions Unix Linus Solutions Oracle Solutions AP Solutions Managed Service Provision Equipment Disposal NN Service Category Hourly Rate Daily Rate Maintenance Desktop Engineer Server Hardware Engineer Microsoft Systems Engineer Project Management IT Consultant Hardware Audit UNIX Hardware break fix and restore Diagnosing UNIX o s problems and 2nd level support Sun Solutions Set up 200 68 75 p hr Set up 250 93 75 p hr Installation config upgrading and fault investigating Set up 250 93 75 p hr Novell Solutions Desktop Engineer Server Hardware Engineer Microsoft Systems Engineer Project Management IT Consultant Hardware Audit UNIX Hardware break fix and restore Diagnosing UNIX o s problems and 2nd level support Unix Solutions Set up 240 75 p hr Set up 275 99 75 p hr Installation config upgrading and fault investigating Set up 275 850 99 75 cb NEC Computers Ltd Integration House Alba Campus Livingston EH54 7EG Contact Hamilton May Tel 01506 402533 Fax 01506 402
14. Category Corrective Maintenance Network Solutions un Microsystems Solutions Novell Infrastructure Windows Exchange Solutions Citrix Solutions Unix Linus Solutions Oracle Solutions AP Solutions Managed Service Provision quipment Disposal 4 SDAS D9JeloOSSV pue SjonpoJ4d I Related Products and Associated Services Dell Corporation Ltd Dell House The Boulevard Cain Road Servers Bracknell RGI2 ILF hin Client Web www dell co uk local AN Room Equipment Components Contact Robin Slatter Internal pecial Needs Ergonomic Tel 01344 37355 ervice Category Fax 01344 37655 Corrective Maintenance E mail robin_slatter dell com Network Solutions un Microsystems Solutions Contact Richard Spalding External Newell Tel 07802 595089 Windows Exchange Solutions E mail richard_spalding dell com Unix Linus Solutions Oracle Solutions AP Solutions Managed Service Provision quipment Disposal v Pricing Policy Product Category Discount Structure Notebooks Del 32 576 DSR Service Category Hourly Rate Daily Rate Service Category Hourly Rate Daily Rate Network Solutions Programme Manager Windows Programme Manager Senior Project Solutions Senior Project Manager Manager Solution Architect Solution Architect Project Manager Project Manager Senior Technical Senior Technical Specialist Specialist Technical Specialist Technical Specialist
15. Server Hardware 103 50 425 50 Engineer Microsoft Systems n a 563 50 Engineer 632 50 839 50 310 50 Project Management n a IT Consultant Hardware Audit 1200 1200 850 1000 Sun Solutions Consultant Project Manager Engineer Hardware break fix 646 88 and restoring 09 00 17 00 Unix Solutions 200 set up 68 75 p h 934 38 Diagnosing problems 250 set up and second level support 93 75 Installation config 934 38 upgrading fault investigation back up 250 set up 93 75 p h cb Ergo Computing UK Ltd Ergo House Mere Way Ruddington Fields Ruddington Nottingham NGI I 6JS Web www ergo co uk Contact Karen Nash Internal Tel otis 7144145 0115 9144155 E mail karenn ergo co uk Contact Hazel Winter External Tel 07855 810233 E mail hazelw ergo co uk Pricing Policy Meme Nu pee 0 ge p Wem e mw Ro Networking 976 976 976 LAN Room APC 7 Belkin Chloride Quantum Components Adaptec Barracuda Club 3D Connect 3D Kingston NEC Special Needs 3M Accuratus BigKeys BigTrack Gold Touch Kingston Product Category Notebook Tablet Computers ervers Handheld Devices Thin Client Networking Infrastructure LAN Room Equipment Components pecial Needs Ergonomic ervice Category Corrective Maintenance Network Solutions un Microsystems Solutions Nove
16. Services Product Category Mill House Desktop Computer Brayford Wharf North Notebook Tablet Computers Lincoln ervers LNI Handheld Devices Web www mouchel com Contact Sue Ashmore Tel 01522 836192 Fax 01522 51605 E mail enquiries mouchel lincoln com Pricing Policy Service Category Hourly Rate Daily Rate Maintenance Programme Manager Project Manager Senior IT Consultant IT Consultant Business Systems Architect IT Consultant Principle Infrastructure Engineer Analyst Programmer Senior Infrastructure Engineer Analyst Programmer Infrastructure Engineer Analyst Programmer Network Solutions Programme Manager Project Manager Senior IT Consultant IT Consultant Business Systems Architect IT Consultant Principle Infrastructure Engineer Analyst Programmer Senior Infrastructure Engineer Analyst Programmer Infrastructure Engineer Analyst Programmer Novel Programme Manager Infrastructure Project Manager Senior T Consultant IT Consultant Business Systems Architect IT Consultant Principle Infrastructure Engineer Analyst Programmer Senior Infrastructure Engineer Analyst Programmer Infrastructure Engineer Analyst Programmer Networking Infrastructure LAN Room Equipment pecial Needs Ergonomic ervice Category Corrective Maintenance Network Solutions co N N z 5 5 U Q S et un Microsystems Solutions ENS Novell Infrastructure W
17. any event qualifying for Force Majeure hereunder 28 Transfer and Sub Contracting 28 1 The Agreement is personal to the Supplier The Supplier shall not assign novate sub contract or otherwise dispose of the Agreement or any part thereof without the prior consent in writing of the Customer 28 2 Notwithstanding any sub contracting permitted hereunder the Supplier shall remain primarily responsible for the acts and omissions of its sub contractors as though they were its own 29 Amendments to the Agreement 29 1 This Agreement shall not be varied or amended unless such variation or amendment is agreed in writing by a duly authorised representative of ESPO on behalf of the Customer and by a duly authorised representative of the Supplier on behalf of the Supplier No variation of the End User Agreement shall limit or remove the Suppliers obligations under the Framework Agreement 30 Communications 30 Any notice which either party is required to give to the other shall be given in or confirmed by writing and shall be sufficiently served if sent to the other party at its address specified in the Order form either by a hand b first class post or recorded delivery c facsimile or d electronic mail transmission confirmed by registered first class post or recorded delivery within 24 hours of transmission 30 2 Either party may change its address for service by notice as provided in this Clause 30 1 3l Severabilit
18. be liable to the other for 15 3 1 loss of profits business revenue goodwill or anticipated savings and or 15 3 2 indirect or consequential loss or damage 15 4 The provisions of Clause 15 3 shall not be taken as limiting the right 15 5 6 of the Customer to claim from the Supplier for 15 4 1 additional operational and administrative costs and expenses howsoever caused and or 15 4 2 expenditure or charges rendered unnecessary as a result of any Default by the Supplier Subject to the provisions of clauses 15 1 15 2 15 3 and 15 4 the liability of either Party for Defaults shall be subject to the financial limits set out in this clause 15 5 save where such damages relate to a claim for personal injury or death where the Party s liability shall be unlimited a in respect of the indemnity in clause 16 Intellectual Property Rights shall be unlimited b for all loss of or damage to the property of the other including but not limited to premises property or assets shall in no event exceed ten million pounds 10 000 000 c in respect of all other claims losses or damages whether arsing from tort including negligence breach of contract or otherwise under or in connection with this Agreement the annual aggregate liability under the Agreement of either Party shall in no event exceed ten million pounds 10 000 000 Infringement of Intellectual Property Rights The Supplier shall fully indemnify and
19. cmon A EE pem z REELE E lt _ ST d ISIS w Schedule B Contact Details and lendered Costs SCHEDULE B Contact details and tendered costs All prices exclude VAT at the prevailing rate Expenses policies are detailed where shown SDAS D9JE loOSSV pue SjonpoJ4d I Related Products and Associated Services Axess Systems Ltd North Mill Belper Notebook Tablet Computers Bridgefoot Derbyshire Handheld Devices DE56 IYD Thin Client Networking Infrastructure Web www axesssystems co uk LAN Room Equipment Contact Will Lingard Internal Special Needs Ergonomic Tel 01773 882602 Service Category Fax 01773 882603 E mail wlingard axesssystems co uk Network Solutions Sun Microsystems Solutions Contact Ed Morton External Dee ue Tel 01773 882602 Windows Exchange Solutions clo ZS la v Em SE 5 z o A slo ct 2 o Fax 01773 882603 E mail emorton axesssystems co uk O M e O D o c et 5 4 AP Solutions Managed Service Provision quipment Disposal Pricing Policy Desktops 3776 5876 Citrix Solutions Consultant 800 Project Manager 800 Handheld 30 Thin Client 11 16 12 17 5 43 15 16 10 1626 21 13 C dl Carillion IT Services formerly Alfred McAlpine 16 Upper Woburn Place London Web www carillionplc com itservices Contact Mark Abbott Tel 020
20. hold the Customer harmless against all actions claims demands proceedings costs charges and expenses including legal fees on an indemnity basis arising from or incurred by reason of any infringement or alleged infringement of any letters patent designs registered or unregistered copyright trade mark trade name or other Intellectual Property Rights including any wrongful use of confidential information by the use or possession of the Equipment or the Software or any part thereof provided by the Supplier or licensed by the Supplier to the Customer under the Agreement subject to 16 1 1 the Customer promptly notifying the Supplier of any alleged infringement and subject to sub clause 16 1 3 below allowing the Supplier at their own expense to conduct all negotiations for settlement or litigation 16 1 2 the Customer making no admission without the Supplier s written consent unless and until the Supplier shall have failed to take over the conduct of the negotiations or litigation 16 1 3 the conduct by the Supplier of such negotiations or litigation shall be conditional upon the Supplier having given the Customer such reasonable security as the Customer may require for the compensation damages costs and expenses for which the Customer may become liable The Customer at the Supplier s expense shall give the Supplier all available assistance 43 S9JIAJ9SG D9JEIDOSSV SjonipOJd D9IE o9 Related Products and Associ
21. in relation to the recruitment of ex offenders and disclosures under the Police Act 1997 The Contractor shall ensure that all employees servants or agents engaged by him in the discharge of his obligations under this contract who may be required to work within school premises or other sites occupied by children and or vulnerable adults shall be appropriately checked by the Criminal Records Bureau and shall upon request by a Pro4 member or Member Authority produce evidence of such satisfactory disclosure 13 3 The Supplier and the Supplier s sub contractors staff and agents shall comply with all reasonable requirements of the Customer at the Premises 3 4 The Supplier shall use reasonable endeavours to ensure that its sub contractors are subject to the provisions of Clauses 13 1 13 2 and 3 3 above cb 13 5 The Supplier its agents sub contractors and suppliers shall employ sufficient staff to ensure that the Equipment is supplied and the Associated Services are provided at all times and in accordance with the Agreement Without prejudice to the generality of this obligation it shall be the duty of the Supplier to ensure that a sufficient reserve of staff is available to supply the Equipment and provide the Associated Services in accordance with the Agreement during staff holidays or absence through sickness or any other cause 3 6 The Customer acting reasonably shall have the right to refuse access 4 14 1
22. raise an Incident Report in respect of unscheduled maintenance carried out by or on behalf of the Supplier 3 Acceptance Procedures and Acceptance Criteria 3 1 Inspections shall be recorded as successful if all the Acceptance Criteria have been met within the Acceptance Procedures Period See chart below 3 2 Functionality Tests shall be recorded as successful if all the Acceptance Criteria specified for Functionality Tests have been met within the Acceptance Procedures Period See chart below 3 3 The Acceptance Procedures shall be recorded as unsuccessful if at the termination of the Acceptance Procedures Period any Incident Report has not been signed by the Customer s Representative See chart below 50 CI cb Service Level Agreement SLA Introduction l l Services Covered 1 1 This Service Level Agreement SLA sets out the service to be provided by the Supplier to the End Users under the Agreement 1 2 This Service Level Agreement SLA covers the base level of service applicable to all Services provided 1 3 The service support includes installation network connections product training preventative and breakdown maintenance maintenance for free of charge software remote support network support and parts 1 2 Duration 2 1 This Service Level Agreement SLA will be valid for as long as there are products and services still in use by the End User which have been supplied under the Agreement 1 2
23. 5 15 1 to the Premises at any time to any employee of the Supplier its agents sub contractors or suppliers The exercise of this right shall not diminish the Supplier s obligation of performance arising under the Agreement Warranties and Representations The Supplier warrants and represents that 14 1 1 at the Acceptance Date the Equipment shall meet the Acceptance Criteria and the requirements of the Specification and Tender 14 1 2 unless otherwise agreed in writing by the parties at the Acceptance Date the Equipment shall operate in a normal office environment in accordance with the Specification 14 1 3 the Customer s possession use and operation of the Equipment or the provision of the Associated Services shall not infringe any Intellectual Property Rights of any third party 14 1 4 if appropriate the Supplier has the full capacity and authority to grant the licences referred to in Clause 4 14 1 5 the Associated Services shall be supplied and rendered by appropriately experienced qualified and trained personnel with all due skill care and diligence 14 1 6 the Supplier shall discharge its obligations hereunder with all due skill care and diligence including but not limited to the good industry practice and without limiting the generality of this Clause in accordance with its own established internal procedures 14 1 7 subject to Clause 9 2 the Customer shall acquire title to the Equipment free from all encu
24. 520 E mail Hamilton may nec computers com Pricing Policy Product Category Discount Structure Desktops 25 Product Category SSS Handheld Deves Thin Cheng i Neworking masrur AN Room Equipment SSCS Components SSS Special Needs Ergonomie Service Category SSS Corrective Maintenance O Sun Microsystems Solutions Windows Exchange Managed Service Equipment Disposal 27 S9JIAJ9SG D9JEIDOSSV SjonipOJd Related Products and Associated Services Novatech Harbour House Hamilton Road Portsmouth PO6 4PU Contact Kay Lawes Jek 02392 322524 Fax 02392 372624 E mail kay lawes novatech co uk Pricing Policy Product Category Discount Structure Networking 10 20 37 39 10 8 40 25 18 20 LAN Room Special Needs 3M Accuratus BigKeys BigTrack Gold Touch Kensington 28 Notebook Tablet Computers _ Handheld Components Service Category Corrective Maintenance Sid un Microsystems Solutions EE Windows Exchange Solutions Citrix Solutions Unix Linus Solutions AP Solutions Managed Service Provision quipment Disposal JH Pipex Vialtus Solutions 5 Roundwood Avenue Stockley Park Notebook Tablet Computers Uxbridge ervers UBI I AY Handheld Devices Thin Client Networking Inf
25. 7 8120804 07917 085253 Fax 0207 8374125 E mail mark abbott alfredmcalpineplc com Pricing on application Product Category Desktop Computer Notebook Tablet Computers ervers Handheld Devices hin Client Networking Infrastructure LAN Room Equipment Components pecial Needs Ergonomic ervice Category Corrective Maintenance Network Solutions un Microsystems Solutions Novell Infrastructure Windows Exchange Solutions Citrix Solutions Unix Linus Solutions Oracle Solutions AP Solutions Managed Service Provision p p p ME EN p E EN a 87 p NM E E quipment Disposal ES D y O O a un CO gt Un un O a m D Un 2 E D Un I Related Products and Associated Services Centerprise International Ltd Hampshire International Business Park Lime Tree Way Chineham Basingstoke RG24 8GQ Web www centerprise co uk Contact Neil McLenahan Tel 01256 378000 07889 433802 Fax 01256 378084 E mail neil mclenahan Q centerprise co uk Pricing Policy Desktops Centerprise Apple Sun Notebooks HP Panasonic Lenovo Fujitsu Tosbiba Apple Servers IBM Fujitsu HP Centerpise Sun Cost 2 Cost 2 Cost 2 Cost 2 Cost 2 Cost 2 Cost 2 Cost 2 Cost 2 Cost 2 Cost 2 Cost 2 Cost 2 Cost 2 Cost 2 Cost 2 Cost 2 eb Product Category NE Desktop Compute
26. Bob Brittaine Tel 01483 253000 Fax 01483 211727 E mail bobb linetex co uk Pricing Policy Service Category Hourly Rate Daily Rate 70 Maintenance Desktop Engineer Server Network 100 Engineer Tech Support 100 Engineer Service Manager 120 Windows Solutions Desktop Engineer Server Network Engineer Tech Support Engineer Service Manager 24 Cid Product Category Desktop Comper Notebook Tablet Computers Severs Neworking inrastructure Sd AN Special Needs Service Category NeworkSoudos un Microsystems Solutions E Novel infastructure Unix Linus Solutions Oracle Solutions AP Solutions Managed Service Provision quipment Disposal Logicalis 10 Buckingham Avenue Slough Berkshire o4 APE Contact Melanie Clarke Commercial Manager Tek O17535 777490 Fax 01753 777203 E mail melanie clarke kk logicalis com Pricing Policy Service Category Hourly Rate Network Solutions Consultant Standard 88 75 Consultant Security 106 25 Engineer 88 75 Project Manager 88 75 Pre Stage Engineer 75 00 Daily Rate Product Category Desktop Computer _ Notebook Tablet Computers _ NN HamhedDeiss Neworking AN Room Equipment Components SSCS Special Needs Ergonomic SY Service Category _ Corrective Maintenance O un Microsystems Solut
27. CIJ central Buying consortium Related Products and Associated Services Contract reference HS 842 user guide PROS Contract Central Buying Consortium Eastern Shires Purchasing Organisation North East Purchasing Organisation West Mercia Supplies JP Purchasing Organisa i Contract Lead Authority J Barnsdale Vay Hampshire County Caunc I Related Products and Associated Services Introduction Establishing the Framework Using the Framework Monitoring the Framework Acknowledgement Supporting Schedules A Awarded Suppliers by Category B Contact Details and Tendered Costs End User Agreement Conditions of Contract Definitions Invoicing Procedures Acceptance Procedures Service Level Agreement Implementation Plan Contact Details John Mundy Technology Team Leader Hampshire County Council County Supplies Bar End Road Winchester SO23 4NR Tel 01962 826925 Fax 01962 877946 HPSN 345 6925 e mail john mundy hants gov uk eb Contents A KB A W W 29 ed 48 42 50 51 52 53 Explained within this guide the framework agreement will be regularly reviewed and therefore subsequent versions of the guide may replace this version during the lifetime of the framework For the most up to date version of the guide please visit our website www hants gov uk countysupplies CI cb Introduction On behalf of the Pro5 consortium of professiona
28. a FA FA Novell Infrastructure Windows Exchange Solutions Citrix Solutions Unix Linus Solutions AP Solutions Managed Service Provision Maintenance Principle Enterprise Consultant Principle Consultant Enterprise Lead Consultant Lead Consultant Enterprise Consultant Consultant Enterprise Project Manager Project Manager Enterprise Team Leader Team Leader Enterprise Stage Manager Stage Manager Project Co ordinator Consulting Systems Engineer Systems Engineer Team Leader Senior Systems Engineer Systems Engineer IMAC Service Service Category Grae Hourly Rate Daily Rate ee Solutions Engineer Data Voice Engineer Fibre Engineer Senior Engineer Site Manager Electrical Engineer IMAC Engineer Systems Engineer Senior Systems Engineer Project Co ordinator Consultant Lead Consultant Project Manager Enterprise Project Manager cb Pricing Policy Sun Solutions Windows Solutions Service Category Principle Enterprise Consultant Citrix Solutions Principle Consultant Enterprise Lead Consultant Lead Consultant Enterprise Consultant Consultant Enterprise Project Manager Project Manager Enterprise Team Leader Team Leader Enterprise Stage Manager Stage Manager Project Co ordinator Consulting Systems Engineer Systems Engineer Team Leader Senior Systems Engineer Software Engineer Senior Software Engineer IMAC Principle Enterprise Consultant Unix Solutions Princi
29. ant tackle and tools shall meet the minimum safety standards required by law 25 Social Responsibility 25 The Supplier agrees that there shall be no discrimination by it against any person with respect to opportunity for employment or conditions of employment because of age culture disability gender marital status race religion or sexual orientation 25 2 The Supplier shall in all matters arising in the performance of the Agreement comply with the provisions of the Disability Discrimination Act 1995 and any regulations made there under 25 3 The Supplier shall in all matters arising in the performance of the Agreement comply with the provisions of the Employment Equality Age Regulations 2006 25 4 The Supplier must comply with the provisions of the Race Relations Act 1976 and the Race Relations Amendment Act 2000 and shall ensure that they perform their responsibilities under this Agreement with due regard to the need to eliminate unlawful racial discrimination and to promote equality of opportunity and good relationships between different racial groups 25 5 The Supplier shall at all times be responsible for and take all such precautions as are necessary to protect the health and safety of all employees volunteers service users and any other persons involved in or receiving goods or services from the performance of the Contract and shall comply with the requirements of the Health and Safety at Work Act 1974 and any ot
30. asic faults EIR means the Environmental Information Regulations 2004 Equipment means the equipment to be supplied by the Supplier in accordance with the terms of this Agreement FOIA means the Freedom of Information Act 2000 and any subordinate legislation made under this Act from time to time together with any guidance and or codes of practice issued by the Information Commissioner in relation to such legislation Framework Agreement means the Agreement between ESPO and the Supplier under which this contract is entered into by the Customer and the Supplier for the supply of Equipment or Associated Services Implementation Plan means the plan to be developed by the Customer and the Supplier in accordance with Schedule 2 5 and which will contain a schedule of tasks to be done the timescale for completion of those tasks identifying the party responsible for those tasks together with the milestones to be achieved and against which payment will be made Incident means any failure to meet the Functionality Incident Report means a report raised by the Customer in respect of an Incident 20 21 22 23 24 25 26 27 28 29 30 3l cb Internal Code means machine readable software supplied as an integral part of the Equipment Invitation to Tender means the invitation to tender issued to the Supplier in response to a request followi
31. ate Sony Special Needs 3M Accuratus BigKeys BigTrack Gold Touch Kensington Logitech Discount Structure Notebook Tablet Computers ervers Thin Client Networking Infrastructure LAN Room Equipment Components pecial Needs Ergonomic ervice Category Corrective Maintenance un Microsystems Solutions Novell Infrastructure Windows Exchange Solutions Citrix Solutions Unix Linus Solutions Oracle Solutions AP Solutions quipment Disposal 12 3076 17 37 15 5 5 5 35 5 5 5 5 5 5 5 5 5 5 Price on application Price on application 5 5 25 5 25 5 38 5 5 5 37 S9JIAJ9SG D9JEIDOSSV DUE spnpold D9IE o9 cb S92IAJ9G D9 EIDOSSV PUB Sjonpoud 38 cb Schedule End User Agreement Conditions of Contract Definitions Invoicing Procedures Acceptance Procedures service Level Agreement SLA Implementation Plan S9JIAJ9SG D9JEIDOSSV SjornipOJd D9IE o99 Related Products and Associated Services Conditions of Contract End User and Supplier These Order Contract Terms together with relevant Order comprise the contractual provisions which apply to the Order that is entered into between the Customer and the Supplier and which govern the provision of equipment and associated services to the Customer 2 2 2 3 2 4 2 5 2 6 40 Interpretation As used in this Agreement 1 1
32. ated Services 16 2 If the Equipment or the Software any part thereof becomes or in 16 3 the Supplier s reasonable opinion is likely to become subject to any such action for infringement then in addition to the indemnity under sub clause 16 1 1 above the Supplier shall at its own expense negotiate to obtain the right for the Customer to continue to use the infringing items if necessary by replacing remove or modifying them but without reducing their quality or ability to meet the Customer s requirements as specified by the Agreement The Supplier shall indemnify the Customer against all losses costs damages and expenses whatsoever during the period that the Customer is deprived of the use of the Equipment or the Software by reason of such negotiations replacements or modifications the outcome of which will be confirmed by the issue of a Change Request which shall not entitle the Supplier to any addition to the Charges or any extension of the Order lead time 16 4 The Supplier shall not be liable under sub clause 16 1 1 and 16 1 2 17 above for any such infringement or alleged infringement which arises as a result of the including in the Equipment or the Software of any items supplied by the Customer or any use of the Equipment or the Software for a purpose or in a manner different to that specified in or reasonably to be inferred from the Agreement Electrical Requirements The Customer shall make available the electricity
33. cally Advantageous Tender eb As this is a framework agreement from which customers can call off or conduct mini competitions the lead authority will not be involved in the day to day management of the suppliers and the products services they provide The lead authority will however be closely monitoring the progress and performance of the arrangements throughout the entire duration of the framework to ensure that customer s requirements are being adequately met 4 Monitoring the Framework Agreement 5 Acknowledgement This edition of the User Guide has been prepared by Hampshire County Council who gratefully acknowledge the original data and advice contained in the ESPO edition Schedule Awarded Suppliers by Category SCHEDULE A Awarded Suppliers for each category The following listing shows those companies that you may invite to quote for requirements under category wide secondary engagements or directly using hte pricing in Schedule B SDAS D9JE loOSSV pue SjonpoJ4d I Related Products and Associated Services ms vez x E Mi __ ie 2 1 UE TE ele ct D 3 o D m ort dC i Sun Microsystems oluti Nove nfrastructure Mi oft indows Y ange Server Soluti Citri ions lt lt rm 02028 E E lt lt S 1S lt Eg 2
34. competition under this Framework In order to adhere to The Public Contracts Regulations 2006 for re opening competition clients must follow the steps outlined below e client must invite all suppliers who are a party to the Framework and who are capable of delivering the customer s particular requirement In commissioning work therefore from this Framework clients must invite all suppliers within the relevant category they wish to procure from for example if a client wished to procure corrective maintenance provision the client would need to invite all awarded suppliers within that category of the Framework to participate e client shall formulate a project brief containing full details of the work required This should include as a minimum a set of outcomes the supplier is expected to deliver and the timescale within which they are required to deliver the products services e client shall send the brief to all suppliers within the category either in writing or by email inviting them to submit a tender setting a time limit for the submission of written responses which must be submitted in written format and not via email in order to adhere to point 4 below e The written responses should be kept confidential until the tender return deadline has passed The tender submitted shall be evaluated in accordance with the criteria set out at 2 2 above and the requirement will be awarded on the basis of Most Economi
35. d in 4 2 below 4 Escalation Procedures 4 Escalation Chart 4 1 1 This section covers the levels of management through which problems and or complaints are escalated before the customer has to resort to potential breach procedures within the main contract 4 1 2 Before any problems are escalated the customer should ensure that the Service Helpdesk staff are fully aware of the problem and understand the full details of the problem and the full impact it is having on them 4 1 3 The following diagram outlines the key points of contact between the Customer and the Contractor 4 Managing Director UK 3 Senior Manager 2 Service Heldesk Manager Service Manager 4 2 Escalation Rationale Table Escalation Escalation Rationale Contact A query or issue is logged with the Service Helpdesk The first point of contact at Level Helpdesk Tel the Service Desk does not respond Service Helpdesk within the agreed time specified then Manager this will be escalated to Level 2 Tel If the Service Helpdesk Manager does Senior Manager not respond within the agreed Tel response time specified then this will be escalated to Level 3 If the Senior Manager does not respond within the agreed response time specified then this will be escalated to Level 4 UK Managing Director Managing Direc
36. e Sun Solutions Junior Consultant Consultant Senior Consultant Principal Consultant Managing Consultant Director Partner Novell Solutions Junior Consultant Consultant Senior Consultant Principal Consultant Managing Consultant Director Partner Unix Solutions Junior Consultant Consultant Senior Consultant Principal Consultant Managing Consultant Director Partner Oracle Solutions Junior Consultant Consultant Senior Consultant Principal Consultant Managing Consultant Director Partner SAP Solutions Junior Consultant Consultant Senior Consultant Principal Consultant Managing Consultant Director Partner S9JIAJ9OS 5 pue 5 I Related Products and Associated Services Eo Ci gt zB D 555 g 2 1515 lt 5 D o l izla o d 2 ga 2 Olan gt 3 SII c s o Q N 5 a sd lt a N o 2 lt 12 0100 els 3 2 5 1 gt gt a 2 n Ola e gt a 3 10 o CU 5 EN C 5 ct 3 a a E Q 5 TS WN o e ei o 5 ES o o Computerland UK Plc Discovery House Mere Way Ruddington Nottingham NGI I 6 Web www computerland co uk Contact Mike Upton 16834247 07219 375350 Fax 0870 2407318 E mail mike upton computerland co uk Pricing Policy Product Category Discount Structure No
37. e Customer with a copy of all information in its possession or power in the form that the Customer requires within seven working days or such other period as the Customer requesting the information and 22 2 3 Provide all necessary assistance as reasonably requested by the Customer to enable the Customer to respond to a request for information within the time for compliance set out in the FOIA or the EIR 22 3 The Customer shall be responsible for determining at its absolute discretion whether commercially sensitive information and or any other information 22 3 is exempt from disclosure in accordance with the provisions of the FOIA or the EIR and 22 3 2 is to be disclosed in response to a request for information and in no event shall the Supplier respond directly to a request for information unless expressly authorised to do so by the Customer 22 4 The Supplier acknowledges that the Customer may be obliged under the FOIA or the EIR to disclose information 23 4 without consulting the Supplier or 23 4 2 following consultation with the Supplier and having taken its views into account 45 S9JIAJ9SG D9JEIDOSSV DUE SjornipOJd D9IE o9 Related Products and Associated Services 22 5 The Supplier shall ensure that all information produced in the course of the Agreement or relating to the Agreement is retained for disclosure and shall permit the Customer to inspect such records as requested from time to time 22 6 T
38. e agreed design parameters At this stage the Supplier can submit his invoice for payment less any liquidated damages for delays Acceptance Procedures and performance of Acceptance Procedures are detailed in Schedule 2 Appendix 3 53 S9JIAJ9SG D9JEIDOSSV SjornipOJd D9IE o99 CIJ central Buying CE consortium Prepared and published by County Supplies Pro 1863 10 08 Hampshire Counzy Caunc
39. e relating to or ancillary to the Agreement 20 6 3 provided that in disclosing information under 20 6 2 the Customer discloses only the information which is necessary for the purpose concerned and requires that the information is treated in confidence 20 7 The Supplier shall not without the prior written consent of the Customer divulge the existence of the Agreement or any Order or disclose any information relating to or contained in the Agreement to any person who is not engaged in the performance of the Agreement 20 8 In the event that the Supplier fails to comply with this Clause 20 the Customer reserves the right to terminate the Agreement by notice in writing with immediate effect 20 9 The provisions of this Clause 20 shall apply notwithstanding termination of the Agreement 2 Data Protection Act 1998 21 1 The Supplier shall at all times comply with the Data Protection Act 1998 including where appropriate maintaining a valid and up to date registration or notification under the Data Protection Act 1998 21 2 The Supplier shall not disclose Personal Data to any third parties other than 21 2 1 to staff sub contractors and agents to whom such disclosure is reasonably necessary in order to perform the Agreement or 21 2 2 to the extent required under a court order provided that disclosure under clause 22 2 1 is made with the approval of the Customer and subject to written terms no less stringent than the terms contained i
40. e such efforts shall involve the escalation of the dispute to the relevant Pro4 member or Member Authority therein for mediation 33 2 If the Parties fail to reach agreement within 25 working Days of reference to the Pro4 member or Member Authority therein or such longer period as may be agreed by the Parties then any dispute or difference between them may be referred to the Courts 34 Law and Jurisdiction 34 This Agreement shall be considered as a contract made in England and according to English Law and subject to the exclusive jurisdiction of the English Courts to which both parties hereby submit 34 2 This Agreement is binding on the Customer and its successors and assignees and the Supplier and the Supplier s successors and permitted assignees 35 End User Responsibilities 35 The End User shall ensure the preparation of the Premises including building works ready installation of the Equipment and or Solution including provision of an appropriate electricity supply and or network points as agreed with the Supplier 35 2 The End User shall make available staff to perform the Acceptance Tests where applicable 35 3 The End User shall respond to any reasonable request for information from the Supplier 35 4 The End User will assign a Project Manager who will interface with the Supplier s Project Manager to ensure both parties use reasonable endeavours to meet the milestones determined in the Project Implementatio
41. egory Apple 6 HP 6 RM 15 Educ Sun Desktops Notebooks Apple Fujitsu Siemens HP RM 15 Educ Toshiba 2 98 3 01 En held NE oi Client NN 676 Mats llus 27 Educ ies MN Room Components Adaptec Barracuda Connect 3D Kingston Sony Special Needs 3M Accuratus BigKeys BigTrack Gold Touch Kensington Product Category Service Category _ Newwork Solutions un Microsystems Solutions NEN a mE AP Solutions gum 28 Managed Service Provision vi Equipment Disposal Service Category Hourly Rate Daily Rate Maintenance RM Maintenance 175 Engineer 75 for each additional hour RM Service Manager 3l S9JIAJ9SG D9JEIDOSSV SjonipOJd D9IE o9 Related Products and Associated Services James House Warwick Road Birmingham BII 2LE Contact Kelvin Ayre Divisional Director Tel 0121 7667000 E mail Kelvin ayre scc com Pricing Policy Product Product Category pe Acer Apple Fujitsu Siemens HP Lenovo Sun Notebooks Apple Fujitsu Siemens HP Lenovo Toshiba Servers Fujitsu Siemens HP xe Thin Client HP 2 75 Wyse 2 75 Networking 3Com 2 75 Cisco 2 75 Special Needs M BigTrack Contour Dolphin Evoluent Gold Touch Kensington Kid Glove Microdesk RSIGuard Texthelp 32 Severs SOS AN Room Equipment SSS Components o Service ral un Microsystems Solutions JS ES FA r
42. ffence under the Prevention of Corruption Acts 1889 to 1916 or shall have given any fee or reward the receipt of which is an offence under Section 117 2 and 3 of the Local Government Act 1972 26 2 The decision of the Customer shall be final and conclusive in any dispute difference or question arising in respect of 26 2 the interpretation of this Clause 26 or 26 2 2 the right of the Customer under this Clause 26 to terminate the Agreement 2 Force Majeure 27 For the purposes of the Agreement the expression Force Majeure shall mean any cause affecting the performance by a party of its obligations arising from acts events omissions happenings or non happenings beyond its reasonable control including but without limiting the generality thereof governmental regulations fire flood or any disaster or an industrial dispute affecting a third party for which a substitute third party is not reasonably available Any act event omission happening or non happening will only be considered Force Majeure if it is not attributable to the wilful act neglect or failure to take reasonable precautions of the affected party its agents or employees 27 2 Neither party shall in any circumstances be liable to the other for any loss of any kind whatsoever including but not limited to any damages or abatement of Charges whether directly or indirectly caused to or incurred by the other party by reason of any failure or delay in the perfor
43. gineer Network NOC SOC Engineer Database Administrator System Administrator Load Balancing Remote Hands roject Management Network Core Engineer Network Focal Engineer Network NOC SOC Engineer Database Administrator System Administrator Load Balancing Remote Hands Related Products and Associated Services Associates Langley Business Court Beedon Newbory Berkshire RG20 8RY Contact Andrew Griffiths Tel 01635 248181 Fax 01636 247924 E mail Andrew griffiths Q qassociates co uk Pricing Policy Service Service Category Grade Hourly Rate Rate Daily Rate Rate et Solutions __ EL 1200 Engineer 850 1000 1200 1200 850 1000 Unix Solutions Consultant Project Manager Engineer 30 c Product Category O o T Desktop Computer _ Notebook Tablet Compres _ NN Handheld Devices Neworking AN Room Equipment o Components Special Needs Ergonomic Service Category _ Corrective Maintenance 8 Network Solutions Sun Microsystems Solutions Novell Infrastructure L Windows Exchange Solitons Ordesos SAP Solutions SSCS Managed Service cb RM Education plc New Mill House 183 Milton Park Abingdon Oxon OXI4 4SE Contact Craig Cusack Bid Team Manager Tel 08450 700300 Fax 08450 700400 E mail ssutton rm com Pricing Policy Product Cat
44. he Supplier acknowledges that any lists or schedules provided by it outlining confidential information are of indicative value only and that the Customer may nevertheless be obliged to disclose Confidential Information in accordance with Clause 22 4 23 Loss of the Equipment 23 Notwithstanding the provisions of Clause 9 the Customer shall only be liable for any loss of the Equipment or any part thereof supplied under the Agreement while they are at the Premises prior to acceptance of the relevant Equipment if such loss is occasioned by the negligence or wilful acts or default of the Customer 23 2 The Supplier shall on being required by the Customer make good any loss affecting the Equipment whether such loss arises in the circumstances referred to in Clause 23 1 or otherwise and shall notwithstanding such loss use all reasonable endeavours to proceed with and complete the installation of the Equipment and the performance of the Services in accordance with the Agreement The Customer shall pay the costs of making good unless the loss is occasioned by the Default of the Supplier 24 Damage to Plant Tackle and Tools 24 All plant tackle and tools at the Premises provided by or on behalf of the Supplier shall stand at the risk and be in the sole charge of the Supplier 24 2 The Supplier shall be required to remove all such plant tackle and tools which it brings to the Premises 24 3 The Supplier shall ensure that all such pl
45. her Act or Regulation relating to the health and safety of persons and any amendment or re enactment thereof 25 6 ESPO and the Customer shall be entitled at ESPO s and the Customer s expense to inspect such books accounts and records belonging to the Supplier as are necessary to demonstrate compliance with clauses 25 1 25 2 25 3 25 4 and 25 5 above 46 Cid 25 7 The cost to the Supplier of complying with this Clause 25 shall be included in the Charges 26 Corrupt Gifts and Payments 26 The Customer shall be entitled to cancel and terminate the Agreement and to recover from the Supplier the amount of any loss resulting from such cancellation or termination if the Supplier or any person on its behalf shall have offered or given or agreed to give any person any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or having done or forborne to do any act in relation to the obtaining or execution of the Agreement or any other contract with the Customer or for showing or forbearing to show favour or disfavour to any person in relation to the Agreement or any other contract with the Customer or if like acts shall have been done by any person employed by the Supplier or acting on its behalf whether with or without the knowledge of the Supplier or if in relation to any contract with the Customer the Supplier or any person employed by the Supplier or acting on its behalf shall have committed any o
46. id by the Customer in respect of any Services which have not been performed by the Supplier in accordance with the terms of this Agreement 20 Confidentiality 20 1 Each Party 20 1 1 shall treat all Confidential Information belonging to the other Party as confidential and safeguard it accordingly and 20 1 2 shall not disclose any Confidential Information belonging to the other Party to any other person without the prior written consent of the other Party except to such persons and to such extent as may be necessary for the performance of this Agreement or except where disclosure is otherwise expressly permitted by the provisions of this Agreement 20 2 The Supplier shall take all necessary precautions to ensure that all Confidential Information obtained from the Customer under or in connection with the Agreement 20 2 1 is given only to such of its staff sub contractors and agents engaged in connection with the Agreement and only to the extent necessary for the performance of this Agreement JH 20 2 2 is treated as confidential and not disclosed without prior approval or used by any staff sub contractors or agents otherwise than for the purposes of this Agreement 20 3 Where it is considered necessary in the opinion of the Customer the Supplier shall ensure that its staff sub contractors and agents sign a confidentiality undertaking before commencing work in connection with this Agreement The Supplier shall ensure
47. ide reconstruction or amalgamation to make a winding up order or the Supplier or its Parent Company is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or any similar event occurs under the law of any other jurisdiction 19 1 2 The Customer may at any time by notice in writing terminate this Agreement forthwith if the Supplier is in Default of any obligation under this Agreement and 9 1 2 1 the Default is capable of remedy and the Supplier shall have failed to remedy the Default within thirty 30 days of written notice to the Supplier specifying the Default and requiring its remedy or 19 1 2 2 the Default is not capable of remedy 19 3 Termination in accordance with this Clause 19 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to any party 19 4 In the event of any termination of this Agreement whether under this Clause 19 or otherwise and without prejudice to any other rights including the right to recover damages that may accrue to the benefit of the Customer under this Agreement or otherwise the Customer shall be entitled to 19 4 1 return any or all of the Equipment or any part thereof which have not been accepted pursuant to Clause 6 and the Supplier shall give the Customer a full refund of all Charges paid by the Customer to the Supplier in connection with such returned items 19 4 2 obtain a refund of any Charges pa
48. indows Exchange Solutions Citrix Solutions Unix Linus Solutions AP Solutions Managed Service Provision quipment Disposal Service Category Windows Solutions Citrix Solutions SAP Solutions Grade Programme Manager Project Manager Senior T Consultant IT Consultant Business Systems Architect IT Consultant Principle Infrastructure Engineer Analyst Programmer Senior Infrastructure Engineer Analyst Programmer Infrastructure Engineer Analyst Programmer Programme Manager Project Manager Senior T Consultant IT Consultant Business Systems Architect IT Consultant Principle Infrastructure Engineer Analyst Programmer Senior Infrastructure Engineer Analyst Programmer Infrastructure Engineer Analyst Programmer Principle Consultant Senior Consultant Consultant Analyst rm voro M o o o S 5 o Hourly Rate Daily Rate S9JIAJ9SG D9JEIDOSSV SjornipOJd Related Products and Associated Services Insight Direct UK Ltd Technology Building Insight Campus Terry Street Sheffield 57 2BU Web www insight com uk Contact Dean Blades Tel 0870 7067089 Fax 0870 7068089 E mail dean bladesQ uk insight com Pricing Policy 22 Barracuda Connect 3D Hypertec Just Rams Int Kingston Lenovo NEC Pioneer Samsung Accuratus BigKeys BigTrack Dolphin Dragon Evoluent Gold Touch Inspiration Kensington Maltron Microdesk Read Write Gold
49. ions Novell Infrastructure ENN Oracle Solutions AP Solutions Managed Service Provision v quipment Disposal EE 25 S9JIAJ9SG D9JEIDOSSV DUE SjornipOJd D9IE o99 I Related Products and Associated Services Cc c Qa lt Uu ITI X o gt D c o S O 5 uo Misco Darby Close Park Farm South Wellingborough Northants 6GS Contact Kelly Stewart Bids amp Tender Specialist Tel 0870 7257292 Fax 0870 7258650 E mail kels misco co Pricing Policy Product Category Discount Structure Desktops Notebooks Special Needs 26 uk Acer AG Neovo Apple Belinea BenQ CTX Fujitsu Siemens GNR Hanns G HP liyama Lenovo LG Mirai Misco Saver NEC Phillips Samsung Viewsonic Apple Fujitsu Siemens HP Lenovo NEC Fujitsu Siemens HP IBM NEC Sun 3M BigKeys BigTrack Dolphin Dragon Evoluent Gold Touch Inspiration Kensington Logitech Maltron Microdesk Microsoft Read Write Gold RSIGuard SmartNav 4 38 6 06 5 45 7 06 11 34 13 58 1 72 3 41 3 86 2 29 47 3 48 21 6 46 4 77 4 84 4 7 25 7 58 20 53 41 61 7 12 8 11 5 01 2 26 17 07 25 8 68 8 95 3 73 5 8 98 9 82 11 45 13 5 47 6876 48 076 476 18 87 53 6 12 94 25 47 393 4 28 65 17 42 25 19 89 4 66 5 18 19 61 5 18 3 34 3 73 3
50. ions hereunder of the Customer and the Supplier 4 S9JIAJ9SG D9JEIDOSSV SjornipOJd D9IE o99 Related Products and Associated Services 6 12 Without prejudice to any other rights including the right to recover damages that may accrue to the benefit of the Customer under the Order or otherwise in the event that the Customer elects to terminate the Order pursuant to Clause 6 10 3 or Clause 6 11 3 the Customer shall be entitled to return any or all of the Equipment which has previously been accepted by the Customer for the Order and receive a full refund of any monies paid in connection therewith 6 13 Notwithstanding the provisions of this clause 6 in the event the ra 7 1 8 2 8 3 42 Customer uses the Equipment other than for the purpose of testing it or with the agreement of the supplier the Customer shall be deemed to have accepted the Equipment Liquidated Damages Where liquidated damages apply then without prejudice to any other remedies available to the Customer 7 1 1 if the there is delay in delivery such that the Equipment is not delivered in accordance with the period identified in the Specification or such other period as may be agreed between the Customer and the Supplier then the Supplier shall pay to the Customer as liquidated damages for each day of delay the amount specified in the Order or if none is specified then a sum equal to one percent of the value of the Equipment ordered up
51. itish Standard Institution or any European equivalent if there is a specification or code current for the Equipment during the Contract Period The Supplier shall use its reasonable endeavours to provide for the purposes of the Order Equipment whose manufacture use and disposal have the least practicable harmful impact on the environment The Supplier shall be deemed to have satisfied itself as to the sufficiency and correctness of the Charges Unless otherwise expressly stated in the Order the Charges shall cover all the Supplier s obligations and everything necessary for the supply of the Equipment and the provision of the Associated Services under the Order 2 10 Unless otherwise expressly stated in the Framework Contract or 32 3 4 3 5 3 6 3 7 3 9 4 2 the Order no claim by the Supplier will be allowed for any addition to the Charges on the grounds of any matter relating to any document forming part of the Framework Contract or the Order or any ambiguity or discrepancy therein on which an experienced supplier could have satisfied himself by reference to the Customer or any other appropriate means Customers Obligations The Customer shall select a Supplier for Orders in accordance with the criteria outlined in Schedule 5 of the Framework Contract The Customer will endeavour to have their Order annotated with the relevant Contract reference number but this cannot be guaranteed on all Orders The Customer sha
52. ive means a representative of the Customer or the Supplier as appropriate appointed for the purpose of co ordinating the preparation and performance of the Acceptance Procedures Requests for Information shall have the meaning set out in FOIA or any apparent Requests for Information shall have the meaning set out in FOIA or any apparent request for information under the FOIA or the EIR Software means collectively the Supplier s Software the Specially Written Software the Internal Code and the Third Party Software Supplier s Software means the software in which the Intellectual Property Rights are owned by the Supplier Tender means the Supplier s tender submitted in response to the Invitation to Tender and attached to the Framework Contract Term means the period of 2 years plus the option of a further two years from the Commencement Date Third Party Software means any software in which the Intellectual Property Rights are owned by a third party which is supplied by the Supplier hereunder cb Invoicing Procedures Invoices relating to outright purchased Equipment should be submitted following delivery and acceptance of Equipment No administration documentation or late payment charges will be applicable to any Customer agreements All invoices submitted will be paid within 30 days of the invoice date provided they are accurate and clearly state the official purchase order number or contract reference nu
53. ix Solutions SAPSotions SSS Service Category Hourly Rate Daily Rate Oracle Solutions All 950 1000 SDAS D9JeloOSSV pue 5 I Related Products and Associated Services 2 Z 2 Z Q MS 2 5 2 0 O0 e 1515 lt ct 2 s E x82 xls 5 8 5 o om lt 5 lt a c c EI o d U 5 5 cimo lt 5 o c ct n 5 ES Ri gja 5 o zA 72 2 BE a A o o c n a n E S 5 o Equanet PC World Business Waterfold Park Rochdale Road Bury Lancashire BL9 7BJ Web www equanet com Contact Harry McMurray Teror 4473816 Fax 07092 8 6413 E mail harrymcmurrayQ equanet co uk Pricing Policy Product Category Discount Structure Desktops Acer Apple Fujitsu Siemens HP Lenovo NEC Notebooks Acer Apple Fujitsu Siemens HP Lenovo NEC Sony Servers Fujitsu Siemens IBM NEC Sun Thin Client eb Product Category NE Desktop Computer Notebook Tablet Computers Servers hin Client Room Equipment Components pecial Needs Ergonomic ervice Category un Microsystems Solutions AP Solutions Equipment Disposal lt e 5 o oa Q 73 a J lt 2 5 Service Category Hourly Rate Daily Rate 69 Maintenance Desktop Engineer 356
54. k 2 5 Availability 2 5 1 The Service Helpdesk will be available for 100 of the working hours as detailed in 2 2 above 2 6 Response and Delivery Times Respond to all Customer enquiries and supply service related issues 9076 of calls answered by a customer services assistant within 4 rings e 9576 of calls answered by a customer services assistant within 7 rings e 99 of calls answered by a customer services assistant within 10 rings Provide quotations to Customers for simple product related enquiries requested by telephone or e mail e 9575 within 4 working hours e 99 within working day Provide quotations to Customers for complex enquiries requested by telephone or e mail Delivery schedules for both 95 or orders delivered within agreed simple and complex orders delivery lead time Orders not delivered within 9976 of orders delivered within revised agreed delivery lead time agreed delivery lead time 2 6 Response and Delivery times are measured from the call log time e 95 within working week e 99 within 2 working weeks 2 6 2 The Contractor shall notify the Customer immediately by telephone or e mail as appropriate it becomes aware that a delivery cannot be made within the agreed lead time s and revised lead time s agreed with the Customer 2 6 3 In the event that a revised delivery lead time is not acceptable to the Customer the Customer shall have the right to cancel
55. l buying organisations CBC ESPO NEPO WMS and YPO Eastern Shire Purchasing Organisation ESPO has established a framework agreement of suitably experienced qualified and resourced suppliers to provide IT related products and associated services in a number of areas available for use by local authorities and other bodies where applicable and other public sector bodies nationally A Restricted tender process was conducted inviting bids in relation to the provision of IT related products and associated services The tender process allowed bidders to indicate their particular areas of specialism and the resultant framework is categorised to reflect these areas of specialism The framework will commence on Ist May 2008 and will be in place for a period of 2 years with an option to extend the arrangement by a further two years Clients may select from 9 categories of product equipment supply within the framework which are as follows Desktop Computers Notebook Tablet Computers Servers Handheld Devices Thin Client Networking Infrastructure LAN room equipment Components Special Needs Ergonomic O O DA de co Nc In addition associated service categories which are as follows IT Hardware Support and Corrective Maintenance ICT Network Solutions Sun Microsystems Solutions Novell Infrastructure Solutions Microsoft Windows Exchange Server Solutions Citrix Solutions Unix Linux Solutions Oracle Solutions
56. ll Infrastructure Windows Exchange Solutions Citrix Solutions Unix Linus Solutions Oracle Solutions AP Solutions Managed Service Provision Desktop Computer 1 BSISISS 58 quipment Disposal Service Category Grade Hourly Rate Daily Rate Network Solutions Pre Sales Consultant Network Health Check Consultant Level Technician Level 2 Technician Level 3 Technician Project Manager S9JIAJ9SG D9JEIDOSSV DUE D9IE o99 I Related Products and Associated Services Esteem Systems Ltd Rofta House Rudgate Thorp Arch Wetherby Leeds L 23 QA Web www esteem co uk Contact Paul Potts Major Account Manager Tel 01937 86102 Fax 01937 841234 E mail p potts esteem co uk Pricing Policy Product Category Brand Discount Structure Notebook Tablet Compotes AN Room Equipment SSCS Components SSS Special Needs Ergonomic Service Category Corrective Ed un Microsystems Solutions Novell Infrastructure Windows Exchange Solutions Citrix Solutions NN y ES Unix Linus Solutions v AP Solutions Managed Service Provision FA quipment Disposal S Service Category Hourly Rate Daily Rate Sun Solutions Technical Consultant Strategic Consultant Project Manager Junior Technical Consultant Service Manager cb Furopean Electronique Ltd Forward House Oakefields House Estate Eynsham Oxf
57. ll ensure the preparation of the Premises including building works ready for installation of the Equipment and or Solution including provision of an appropriate electricity supply and or network points as agreed with the Supplier The Customer shall make available staff to perform the Acceptance Tests where applicable The Customer shall respond to any reasonable request for information from the Supplier The Customer will assign a Project Manager who will interface with the Supplier s Project Manager to ensure both parties use reasonable endeavours to meet the milestones determined in the Project Implementation Plan where such a plan is appropriate The Customer shall ensure that all Orders are awarded in accordance with the provisions of the Schedule 5 of the Framework Agreement and in accordance with the Public Contracts Regulations 2006 The Customer shall operate the Equipment in accordance with such reasonable requirements as the Supplier may make known to the Customer from time to time The Customer shall transport handle store and use optical and magnetic recording media and any other consumables in accordance with such reasonable requirements as the Supplier may make known to the Customer from time to time and shall use only such media or consumables which comply with specifications agreed between the Customer and the Supplier Licence to Use Software Where the Order identifies that the Equipment or Associated Services i
58. mance of its obligations hereunder which is due to Force Majeure Notwithstanding the foregoing each party shall use all reasonable endeavours to continue to perform or resume performance of such obligations hereunder for the duration of such Force Majeure event 27 3 If either of the parties shall become aware of circumstances of Force Majeure which give rise to or which are likely to give rise to any such failure or delay on its part it shall forthwith notify the other by the most expeditious method then available and shall inform the other of the period which it is estimated that such failure or delay shall continue 27 4 It is expressly agreed that any failure by the Supplier to perform or any delay by the Supplier in performing its obligations under the Agreement which results from any failure or delay in the performance of its obligations by any person firm or company with which the Supplier shall have entered into any contract supply arrangement or sub contract or otherwise shall be regarded as a failure or delay due to Force Majeure only in the event that such person firm or company shall itself be prevented from or delayed in complying with its obligations under such contract supply arrangement or sub contract or otherwise as a result of circumstances of Force Majeure t Cid 27 5 For the avoidance of doubt it is hereby expressly declared that the only events which shall afford relief from liability for failure or delay shall be
59. mber attributed by the member authority It is important that invoices are accurate including the quoting of the official Order number Incorrect invoices will be returned unpaid for correction and resubmission In such cases the payment terms will take effect not from the invoice date but from the date of receipt at the correct address of a correctly presented invoice Only itemised invoices are acceptable Invoices should be submitted in accordance with the instructions received from the Customer or Member Authority or their delegated representative Where the Customer and the Member Authority have agreed that invoices should be managed by the Member Authority then the Supplier shall comply with the instructions of the Member Authority in respect of the processing of invoices although the Customer shall remain responsible for ensuring payment is made In the case that the Supplier invoices directly to the Customer any financial liability remains with the Supplier and they will be responsible for collecting payment from the Customer and dealing direct with the Customer on all matters associated with billing Where appropriate the Supplier shall accept payment through a government procurement card All Charges are exclusive of VAT which shall be added to invoices at the prevailing rate Suppliers should have the potential for electronic billing on a Customer case by case opportunity 49 S9JIAJ9SG D9JEIDOSSV Sjorni
60. mbrances and the Customer shall have the right to quiet possession of the Equipment 14 1 8 the Equipment shall be capable of operation and maintenance for at least 5 years from the Acceptance Date Insurance and Indemnity Each party shall each indemnify the other against all damages losses costs compensation or expenses arising from the death or injury of any person and against all loss or damage to any physical property to the extent that the same are due to any act default or negligence of that party their sub contractors servants or agents and against all actions claims demands or proceedings in respect thereof or in relation thereto 15 2 Without prejudice to its liability to indemnify the Customer the Supplier shall take out and maintain 15 2 1 Public Liability insurance which shall for any one occurrence or series of occurrences arising out of one event is not less than 10 000 000 15 2 2 Product Liability insurance which shall for any one occurrence or series of occurrences arising out of one event is not less than 10 000 000 15 2 3 Employers Liability insurance which shall for any one occurrence or series of occurrences arising out of one event be not less than 10 000 000 15 2 4 Professional Indemnity insurance which shall for any one occurrence or series of occurrences arising out of one event be not less than 5 000 000 15 3 Subject always to Clause 15 1 in no event shall either party
61. ms that the Supplier may seek to impose and which in any way vary to contradict these Contract Order terms shall be excluded and not form part of the Order The Equipment to be supplied under the Order shall be delivered to the place specified in the Order in such quantities or numbers and at such times as the Customer shall specify from time to time in the Order and in accordance with the terms of the Order Where the Order identifies that delivery will be in accordance with an Implementation Plan the Implementation Plan will be agreed between the Customer and the Supplier unless otherwise agreed in writing by the Customer time for delivery of the Equipment and performance of the Associated Services shall be of the essence The Supplier shall ensure that the Equipment and Associated Services meet the requirements of the Specification and where the purpose for which they are required is indicated in the Order either expressly or by implication be fit for that particular purpose The Supplier warrants to its best endeavours that the design construction and quality of the Equipment to be supplied under the Order shall comply in all respects with all relevant requirements of any statute statutory rule or order or other instrument having the force of law which may be in force at the time when the Equipment is supplied 2 7 2 8 2 9 All Equipment shall comply with the appropriate specification or code of practice of the Br
62. n Plan where such a plan is appropriate 35 5 The End User shall ensure that all Orders are awarded in accordance with the provisions of the Agreement and in accordance with the Public Contracts Regulations 2006 36 Entire Agreement 36 1 This Agreement together with the Framework Agreement and the Order constitutes the entire understanding between the parties relating to the subject matter of this Agreement and save as may be expressly referenced or referred to herein supersedes all prior representations writings negotiations or understandings with respect hereto except in respect of any fraudulent misrepresentation made by either party 47 S9JIAJ9SG D9JEIDOSSV SjornipOJd D9IE o99 Related Products and Associated Services Definitions The expressions set out below shall have the meanings ascribed thereto 48 Acceptance Criteria means the criteria for acceptance specified in Schedule 2 3 and any further criteria set out in the Order Acceptance Date means the day within the initial or any extended Acceptance Procedures Period when all the Acceptance Criteria are met and the Acceptance Procedures are recorded as successful Acceptance Procedures means the acceptance procedures in respect of the Equipment which shall include functionality tests and specified in Schedule 2 3 and the Order Acceptance Procedures Period means the period within which the Acceptance Procedures must be performed
63. n this Clause and that the Supplier shall give notice in writing to the Customer of any disclosure under clause 21 2 2 immediately it is aware of such a requirement 21 3 The Supplier shall indemnify and keep indemnified the Customer against all losses claims damages liabilities costs and expense including reasonable legal costs incurred by it in respect of any breach of this clause by the Supplier and or any act or omission of any staff sub contractor or agent 21 4 The Supplier is required to comply with the obligations set out in Principle Seven of the Data Protection Act 998 21 5 In this clause Personal Data means personal data as defined in the Data Protection Act 1998 which is supplied to the Supplier by the Customer therein or obtained by the Supplier in the course of performing the Agreement 22 Freedom of Information Act 2000 FOIA and Environmental Information Regulations 2004 EIR 22 The Supplier acknowledges that the Customer is subject to the requirements of the FOIA and the EIR and shall assist and co operate with the Customer at the Supplier s expense to enable the Customer to comply with these information disclosure requirements 22 2 The Supplier shall and shall procure that its sub contractors shall 22 2 transfer any request for information to the Customer as soon as practicable after receipt and in any event within two working days of receiving a request for information and 22 2 2 provide th
64. ncludes the supply of Software the terms of this Clause 4 shall apply In consideration of the payment of the relevant Charges the Supplier hereby grants to the Customer a non exclusive licence to use the Supplier s Software Such licence to use the Supplier s Software shall be perpetual and irrevocable ch 4 3 44 5 2 6 1 6 2 In consideration of the payment of the relevant Charges in respect of Third Party Software supplied hereunder the Supplier shall procure that the third party grants to the Customer a licence to use the Third Party Software provided that any terms of any licence which shall be perpetual and irrevocable shall not detract from the rights granted to the Customer under the Agreement The Customer shall be entitled to copy the Supplier s Software and Third Party Software in order to create an archival copy and a back up copy of the same When copying Software the Customer shall include the original machine readable copyright notice and a label affixed to the media identifying the Software and stating This medium contains an authorised copy of copyrighted software that is the property of the Supplier or the Third Party Software owner Inspection of Premises Following submission of an Order the Customer shall provide the Supplier with an opportunity to inspect the Premises and the Supplier shall either 5 1 1 satisfy itself that the Premises are suitable for the installation and operation of the Eq
65. ng the publication of the OJEU notice for the procurement of the Equipment and Associated services Liquidated Damages Period means a period of ten working days Member Authority means the contracting authority with responsibility for managing the Framework Agreement for the area in which the Customer is located Order means an official order in such form as may be agreed by the relevant Member Authority and issued by the Customer to the Supplier in respect of the Equipment and Associated Services Parent Company means any company which is the ultimate Holding Company of the Supplier or any other company of which the ultimate Holding Company of the Supplier is also the ultimate Holding Company and which is either responsible directly or indirectly for the business activities of the Supplier or which is engaged in the same or similar business to the Supplier The term Holding Company shall have the meaning ascribed by Section 736 of the Companies Act 1985 or any statutory re enactment or amendment thereto Premises means the premises occupied by the Customer at which Equipment is to be installed or the Associated Services are to be supplied Pro5 means all or any of the following professional buying organisations Central Buying Consortium CBC Eastern Shires Purchasing Organisation ESPO North Eastern Purchasing Organisation NEPO West Mercia Supplies WMS and Yorkshire Purchasing Organisation YPO Representat
66. o9 Related Products and Associated Services 3 2 Response Times 3 2 Consistent with high up times fast response times are required throughout the contract period 3 2 2 On site engineer support must maintain an average four hour service response during the normal working hours 3 2 3 The maximum service response time must not exceed six working hours which will be monitored for individual equipment over quarterly periods 3 2 4 Response time is the time from the end user first placing a service request to the arrival on site of an engineer at the particular equipment Service Reponse Times Average service response 4 hours 6 hours Maximum service repsonse 3 3 Machine Up Time 3 3 1 High up time of equipment is critical to all End Users and represents the amount of time the equipment is fully functional within the maintenance support hours of this service Level Agreement 3 3 2 Equipment up time must maintain an average of 9876 and a minimum of 9776 percent for all individual equipment Up time Percentages Average up time Maximum up time 3 4 Service Hours Failure Compensation 3 4 1 If the service response times are exceeded the End User in question reserves the right without prejudice to any other terms and conditions to invoke the failure compensations 3 4 2 Failure compensation for the cost and inconvenience caused to the End User will be calculated as a percentage 76 reduction of the se
67. ordshire OX29 4TT Web www euroele com Contact Mark Holton Tel 01865 883300 ext 1400 07970 805269 Fax 01865 88337 E mail mark holton euroele com Pricing Policy Product Category Discount Structure Servers HP 276 Sun 276 Handheld Fujitsu Siemens 276 HP 276 Networking 3Com Cisco D Link mE HP Procurve LAN Room APC Belkin Chloride Quantum Components Adaptec Barracuda Connect 3D Kingston Sony Product Category Desktop Computer ervers Handheld Devices Thin Client Networking Infrastructure LAN Room Equipment Components pecial Needs Ergonomic ervice Category Corrective Maintenance un Microsystems Solutions Novell Infrastructure Windows Exchange Solutions Citrix Solutions Oracle Solutions AP Solutions Equipment Disposal EE Notebook Tablet Computers Network Solutions Unix Linus Solutions Managed Service Provision Product Category 3M Special Needs ABC Accuratus BigKeys BigTrack Evoluent Gold Touch Helpikeys Kensington Kid Glove Microban Microdesk Visikeys Service Category Hourly Rate Daily Rate Sun Solutions Master Solution Architect Programme Director Manager Senior Project Manager Senior Technical Technical 60 Engineer 40 S9JIAJ9SG D9JEIDOSSV DUE SjornipOJd D9IE o99 Related Products and Associated Services Fordway Solutions Ltd Hambledon House Catteshall Lane Notebook Tablet Computers EN
68. pOJd D9IE o99 Cid 3 4 If at the termination of the Acceptance Procedures Period the Acceptance Criteria have been recorded as successful the Customer shall confirm to the Supplier in writing that the Equipment is accepted See chart below Acceptance Procedures Acceptance Criteria Inspection Procedures Inspection Criteria Equipment and the Documetation Absense of cosmetic defects Absense of mechanical deficiencies Acceptance Procedures Acceptance of the Equipment 1 1 Subject to the requirements of any Acceptance Criteria detailed in the Order the Customer shall accept the Equipment if there is no visible damage to the Equipment or packaging at the point of delivery 2 The Supplier shall allow the Customer reasonable time to carry out necessary visual checks of the Equipment at the point of delivery in order for the Equipment to be accepted in accordance with the Acceptance Criteria 4 Functionality Tests 2 Performance of Acceptance Procedures 4 Supplier s are required to demonstrate to the Customer 2 The Acceptance Procedures Period shall be agreed between the Related Products and Associated Services parties subject always to it being the Supplier s responsibility to undertake and complete Acceptance in accordance with the milestones identified in the Implementation Plan The Acceptance the Order and project Implementation Plan 4 2 Functionality testing should be pa
69. ple Consultant Enterprise Lead Consultant Lead Consultant Enterprise Consultant Consultant Enterprise Project Manager Project Manager Enterprise Team Leader Team Leader Enterprise Stage Manager Stage Manager Project Co ordinator Consulting Systems Engineer Systems Engineer Team Leader Senior Systems Engineer Systems Engineer IMAC Oracle Solutions Grade Daily Rate Principle Enterprise Consultant Principle Consultant Enterprise Lead Consultant Lead Consultant Enterprise Consultant Consultant Enterprise Project Manager Project Manager Enterprise Team Leader Team Leader Enterprise Stage Manager Stage Manager Project Co ordinator Consulting Systems Engineer Systems Engineer Team Leader Senior Systems Engineer Systems Engineer IMAC Principle Enterprise Consultant Principle Consultant Enterprise Lead Consultant Lead Consultant Enterprise Consultant Consultant Enterprise Project Manager Project Manager Enterprise Team Leader Team Leader Enterprise Stage Manager Stage Manager Project Co ordinator Consulting Systems Engineer Systems Engineer Team Leader Senior Systems Engineer Systems Engineer IMAC Functional Consultant Functional Consultant 6 months Functional Consultant 2 months Technical Architect Technical Architect 6 months Technical Architect 12 months Project Manager Project Manager 6 months Project Manager 12 months 33 S9JIAJ9SG D9JEIDOSSV DUE SjornipOJd D9IE o9
70. quipment have not 6 11 been recorded as successful pursuant to Clause 6 3 by the end of the Acceptance Procedure Period the Customer shall have the right either 6 10 1 to accept such part of the Equipment as the Customer may decide and pay a pro rated Charge therefore or such other charge as may be agreed between the parties 6 10 2 without prejudice to its other rights and remedies to extend the Acceptance Procedures Period for a period or periods specified by the Customer during which the Supplier shall correct the fault which caused the Acceptance Procedure to be recorded as unsuccessful or 6 10 3 to terminate the Order such termination to be without prejudice to the other rights and remedies of the Customer and the other obligations hereunder of the Customer and the Supplier In the event that the Customer extends the Acceptance Procedures Period for a period pursuant to Clause 6 10 2 and the Acceptance Procedures have not been recorded as successful by the end of that period the Customer shall have the right either 6 11 1 to accept such of the Equipment as the Customer may decide and pay a pro rated Charge therefore or such other charge as may be agreed between the parties 6 11 2 to extend the Acceptance Procedures Period for a further period in accordance with Clause 6 10 2 6 11 3 to terminate the Order such termination to be without prejudice to the other rights and remedies of Customer and the other obligat
71. r Notebook Tablet Computers Servers Handheld Devices Thin Client Room Equipment Components pecial Needs Ergonomic ervice Category Corrective Maintenance Network Solutions un Microsystems Solutions Novell Infrastructure Windows Exchange Solutions Citrix Solutions Unix Linus Solutions Oracle Solutions AP Solutions Managed Service Provision quipment Disposal V a um NE EN NE NN p E MN E mE NE MN E v V EM cb Computacenter UK Ltd Equipment Disposal Hatfield Avenue Hatfield Hertfordshire ALIO 9TW Web www computacenter com Contact Trisha Walker Tel 0845 8505747 Fax 0121 3585647 E mail trisha walker computacentercom Pricing Policy 3 Thin Client Components Justrams Adaptec Sony Connect Barracuda Special Needs ABC BigKeys Kensington 3M Gold Touch BlGtrack Discount Structure 5076 On request On request On request On request 5076 On request On request On request On request On request 5076 On request On request On request On request On request On request On request On request On request 3176 On request On request On request On request On request On request On request On request On request On request Product Category Service Corrective Neowork Solutions SSS Windows I Exchange Solutions SS Equipment Disposal Sd Service Category Hourly Rate Daily Rat
72. r In managing this contract on behalf of our clients your views and requirements will be taken into account when reviewing and developing the contract 3 2 Commissioning Requirements From the Framework Clients can use the Framework in two ways when commissioning IT requirements either to call off from the established framework on the basis of the tendered costs submitted see 3 2 1 below or where a comparison of all the elements are not able to be made with the information available to re open competition by way of a further competition see 3 2 2 below 3 2 1 Calling off from the Framework The Framework has been established with tendered equipment costing and where applicable hourly daily charges for staff providing services to customers for each organisation These costs rates will be applicable to any work commissioned under the Framework and in calling off from the Framework clients simply need to contact the supplier they identify as providing best value for money for the products or services they require Clients will need to advise the supplier ideally by way of a project brief of the products services they require and the timescale within which they want the products services delivered 3 2 2 Conducting Further Competition Should the client be unable to determine which supplier is able to provide best value for money from the prices rates contained within this document then the right is reserved for the client to re open
73. rastructure Product Category Contact Julian Morgan Tel 07976 958903 LAN Room Equipment Fax 0208 5899833 Components E mail julian morgan vialts com pecial Needs Ergonomic ervice Category Corrective Maintenance Network Solutions un Microsystems Solutions Novell Infrastructure Windows Exchange Solutions Citrix Solutions Unix Linus Solutions Oracle Solutions AP Solutions Managed Service Provision Equipment Disposal SE 77 nln 72 o a UO 3 UO p S9JIAJ9SG D9JEIDOSSV spnpold Pricing Policy Service Category Hourly Rate Daily Rate Maintenance Sun Solutions Windows Solutions Project Management Citrix Solutions Network Core Engineer Network Focal Engineer Network NOC SOC Engineer Database Administrator System Administrator Load Balancing Remote Hands Database Administrator System Administrator NOC Engineer SOC Engineer Project Management Unix Solutions Project Management Network Core Engineer Network Focal Engineer Network NOC SOC Engineer Oracle Solutions Database Administrator System Administrator Load Balancing Remote Hands Service Category Hourly Rate Daily Rate Project Management Network Core Engineer Network Focal Engineer Network NOC SOC Engineer Database Administrator System Administrator Load Balancing Remote Hands Project Management Network Core Engineer Network Focal En
74. rporation Taxes Act 1988 shall at any time become bankrupt or shall have a receiving order or administration order made against him or shall make any composition or arrangement with or for the benefit of his creditors or shall make any conveyance or assignment for the benefit of his creditors or shall purport to do so or appears unable to pay or to have no reasonable prospect of being able to pay a debt within the meaning of Section 268 of the Insolvency Act 1986 or he shall become apparently insolvent within the meaning of the Bankruptcy Scotland Act 985 as amended by the Bankruptcy Scotland Act 1993 or any application shall be Cid made under any bankruptcy or insolvency act for the time being in force for sequestration of his estate or a trust deed shall be granted by him for the benefit of his creditors or any similar event occurs under the law of any other jurisdiction or 19 1 1 3 the Supplier being a company passes a resolution or the Court makes an order that the Supplier or its Parent Company be wound up otherwise than for the purpose of a bona fide reconstruction or amalgamation or a receiver manager or administrator on behalf of a creditor is appointed in respect of the business or any part thereof of the Supplier or the Parent Company or circumstances arise which entitle the Court or a creditor to appoint a receiver manager or administrator or which entitle the Court otherwise than for the purpose of a bona f
75. rt of the Implementation Plan Procedures Period may be extended upon application of the Supplier where the Supplier can demonstrate that any delay in achieving acceptance is due to any failure by the Customer to discharge its responsibilities 2 2 The Customer shall provide the media and all other consumables required for the performance of the Acceptance Procedures 2 Ww During the Acceptance Procedures Period the Customer shall maintain the following records 2 3 1 details of metered time elapsed time and operating time in respect of the Equipment and 2 3 2 a record of the environmental conditions 2 4 The Customer shall provide such staff as may be agreed to operate the Equipment throughout the Functionality Test 2 5 The Customer shall operate the Equipment in accordance with such reasonable requirements as the Supplier may make known to the Customer from time to time 2 6 The Customer shall transport handle store and use optical and magnetic recording media and any other consumables in accordance with such reasonable requirements as the Supplier may make known to the Customer from time to time and shall use only such media or consumables which comply with specifications agreed between the Customer and the Supplier 2 7 The Customer shall not repair modify or adjust the Equipment except with the prior written consent of the Supplier 2 8 During the Acceptance Procedures Period the Customer shall be entitled to
76. rvice support revenue element of the previous quarter s output volume 3 4 3 The failure compensation will be applied to the total quarterly service value 3 4 4 Multiple exceeded response times within a given quarter will each attract additional percentage failure compensation 26 3 4 5 Service Hours Failure compensation Failure Compensation Up to 8 hours 8 hours or higher 3 4 6 The Supplier will automatically provide loan replacement equipment on a like for like basis where the equipment has been down for a period of 24 service hours continuously The loan machine will be delivered and installed at the supplier s sole cost within 8 service hours 3 4 7 Information relating to response time failure is to be provided and quantified by suppliers on a quarterly basis 3 5 Customer Complaints Process 3 5 1 Any complaints raised will be managed in accordance with this complaints procedure This process ensures that all complaints are dealt with in a professional manner and to the satisfaction of the Customer 3 5 2 All complaints received will be dealt with in accordance with the Contractor s standard complaints procedures This is conditional upon ESPO agreeing with the contractor the complaints procedure prior to contract award 52 Cid 3 6 Customer Responsibilities 3 6 1 Customers can register the complaint in various ways Telephone write or e mail any of the Contractor s representatives specifie
77. ssociated Services Viglen Viglen HQ VHQ 7 Handley Page Way Old Parkbury Way Colney Street St Albans Hertfordshire AL2 2DQ Contact Steve Payne Tel 01 727 201798 Fax 01727 201888 E mail bids viglen co uk Pricing Policy Product Category Discount Structure Notebooks Servers Viglen 12 Sun 12 LAN Room APC 8 10 Belkin 33 576 Chloride 876 Quantum 10 50 Components Barracuda Connect 3D Kingston Sony Special Needs 3M ABC Accuratus BigKeys Big Track Gold Touch Kensington 36 Cid Product Category Handheld Deves _ Service Category _ Corrective Mamenn y O HN un Microsystems Solutions Novell Infrastructure ED Unix Linus Solutions Oracle Solutions AP Solutions Managed Service Provision quipment Disposal cb Ltd XMA Limited Thomas House Wilford Industrial Estate Ruddington Lane Wilford Nottingham NGI ZEP Contact Carol Burnell Senior Contract Administrator Tel 0115 8464716 Fax 0115 8464663 E mail contracts xma co uk Pricing Policy Desktops Acer Apple Fujitsu Siemens HP Lenovo NEC Sun Notebooks Acer Apple Fujitsu Siemens HP Lenovo NEC Samsung Toshiba Servers HP IBM Stone HP Thin Client Sun Wyse Networking 3Com Cisco D Link HP Procurve Netgear Zyxel LAN Room APC Belkin Chloride Jakarta Quantum Riello Components Adaptec Barracuda Kingston LG PNY Sapphire Seag
78. supply as required by the Supplier for the completion of the installation and commissioning of the Equipment 17 2 The Supplier warrants that the Equipment shall function on the electricity supply in accordance with the provisions of the Order 17 3 The Supplier warrants that the Equipment when operating shall not cause electrical or radio interference with any onsite or offsite equipment 17 4 All Equipment supplied in relation to the Order must comply with 19 44 and have been tested by the Supplier for conformance with the requirements of both the Health and Safety at Work Act 1974 and the Electricity at Work Regulations 1989 and any subsequent amendments Operating and Maintenance Documentation The Supplier shall supply the Documentation with the Equipment upon installation of the Equipment All Documentation shall be of the latest variant and shall match all upgrades to the Equipment Termination By the Customer 19 1 1 The Customer may at any time by notice in writing terminate this Agreement as from the date of service of such notice if 1 9 1 1 1 there is a change of control as defined by Section 416 of the Income and Corporation Taxes Act 1988 in the Supplier or its Parent Company or 19 1 1 2 the Supplier being an individual or where the Supplier is a firm any partner or partners in that firm who together are able to exercise direct or indirect control as defined by Section 416 of the Income and Co
79. t which fails to conform to the approved sample or fails to meet the Specification Such notice shall be given within a reasonable time after delivery to the Customer of the Equipment concerned If the Customer shall reject any of the Equipment pursuant to this clause the Customer shall be entitled without prejudice to other rights and remedies either a to have the Equipment concerned as quickly as possible and in any event within 5 Working Days either repaired by the Supplier or as the Customer shall elect replaced by the Supplier with Equipment which conform in all respects with the approved sample or with the Specification and due delivery shall not be deemed to have taken place until such repair or replacement has occurred or b to treat the Agreement as discharged by the Supplier s breach and require a refund from the Supplier in respect of the Equipment concerned together with payment of any additional expenditure over and above the price incurred by the Customer in obtaining replacement goods in replacement provided that the Customer uses its reasonable endeavours to mitigate any additional expenditure in obtaining replacement equipment 6 3 6 4 6 5 6 6 6 7 6 8 6 9 The issue by the Customer of a receipt note for the Equipment shall not constitute any acknowledgement of the condition quantity or nature of that Equipment Unless otherwise required in the Customer s Order the Supplier shall guarantee the Eq
80. tant Functional Applications Consultant Senior Technical Consultant Technical Consultant Senior DBA cb ISC Computer Plc Solar House Blackstone Road Huntingdon Cambs PE29 Contact Simon Lawless Sales Director Tel 01480 420000 Fax 01480 420080 E mail slawless iscnet co uk Pricing Policy Desktops Apple Fujitsu Siemens HP Lenovo Sun Notebooks Apple Fujitsu Siemens HP Lenovo Toshiba Servers Fujitsu Siemens HP IBM Sun Thin Client HP 2 576 Wyse 2 576 Networking 3Com Cisco D Link HP Procurve LAN Room APC Belkin Quantum Components Adaptec Barracuda Connect 3D Hypertec Kingston Sapphire Sony Special Needs 3M ABC Accuratus BigKeys BigTrack Gold Touch Kensington Product Category 7 Service Category _ _ Sun Microsystems Solutions Windows 7 Exchange Solons o UnUmsSoduos OmdeSdujos SAP suos Managed Service ronson Equipment Disposal Service Category Hourly Rate Daily Rate 40 Maintenance Desktop Engineer Systems Engineer Service Manager Project Manager Network Solutions Project Manager Systems Architect Senior Consultant Consultant Citrix Solutions Project Manager Systems Architect Senior Consultant Consultant 23 S9JIAJ9SG D9JEIDOSSV DUE SjornipOJd D9IE o9 Related Products and Associated Services Linetex Rio Industrial Estate Polesden Lane Ripley Woking Surrey GU23 6JX Contact
81. tebooks Apple Fujitsu Siemens HP Lenovo Toshiba Servers Fujitsu Siemens HP IBM Sun 31 63 48 56 21 37 16 36 15 17 27 4876 5276 3376 6576 21 51 6 9 48 19 51 17 50 14 men 5 Thin Client H 3676 3876 Wyse 16 Networking 3Com Cisco D Link HP Procurve 14 25 65 34 38 33 46 10 69 6 16 23 eb Product Category NE Desktop Computer Notebook Tablet Computers Servers hin Client AN Room Equipment Components pecial Needs Ergonomic ervice Category un Microsystems Solutions AP Solutions S ISS REE 4 Equipment Disposal Service Category Hourly Rate Daily Rate 90 Maintenance Desk Side Support 275 Maintenance Engineer Systems Network Engineer Team Leader Service Manager Windows Solutions Microsoft Technical Consultant Project Manager Network Professional Desktop Engineer cb Dacoll Ltd Dacoll House Kingbury Road Minworth Sutton Coldfield West Midlands B76 9DD Web www dacoll co uk Contact Nigel Murphy Business Development Manager Tel 01506 815300 Fax 0121 3131299 E mail n murphy dacoll co uk Pricing on application Product Category Desktop Computer Notebook Tablet Computers ervers Handheld Devices hin Client Networking Infrastructure LAN Room Equipment Components pecial Needs Ergonomic ervice
82. that its staff sub contractors and agents are aware of the Supplier s confidentiality obligations under this Agreement 20 4 The Supplier shall not use any Confidential Information it receives from the Council Contracting Authority or the Customer otherwise than for the purposes of this Agreement 20 5 The provisions of Clauses 20 1 to 20 4 shall not apply to any Confidential Information received by one Party from the other 20 5 which is or becomes public knowledge otherwise than by breach of this Clause 20 5 2 which was in the possession of the receiving Party without restriction as to its disclosure before receiving it from the disclosing Party 20 5 3 which is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure 20 5 4 is independently developed without access to the Confidential Information or 20 5 5 which must be disclosed pursuant to a statutory legal or parliamentary obligation placed upon the Party making the disclosure including any requirements for disclosure under the FOIA or the EIR pursuant to Clause 22 20 6 Nothing in this Clause shall prevent the Customer from 20 6 1 disclosing any Confidential Information for the purpose of the examination audit and certification of the Council s accounts 20 6 2 disclosing any Confidential Information obtained from the Supplier to any person engaged in providing any services to the Customer for any purpos
83. the order without incurring any costs and without prejudice to any other rights or remedies available under this agreement 2 6 4 A working day is defined as the period between the time at which a call was received and the same time on the next working day l e weekends and public holidays are not classified as working days 2 6 5 A working hour is one that is contained within the standard hours of operation This means that if a call is logged at 7 00 and the hours of operation are 08 30 to 17 30 then the working hour will end at 09 00 on the following day 3 Service Support 3 Hours 3 1 1 Service engineers must be fully trained and qualified by the manufacturer to service Equipment 3 1 2 Extended out of hours machine service should be made available upon request under special circumstances as required by each End User subject to cost 3 1 3 Service request logs should be placed with the helpdesk by email telephone or fax 3 1 4 Engineer Maintenance Support Engineer support will be provided as a minimum of 8 working hours between the normal service hours listed Engineers Support Monday Friday 3 1 5 Telephone Support Telephone support will be provided as a minimum between the normal office hours listed Telephone Support Monday Friday 3 1 6 Website Support Website support will be provided on a 24 hour basis for service maintenance requests 5 S9JIAJ9SG D9JEIDOSSV SjonipOJd D9IE
84. to the end of the Liquidated Damages Period Such payment shall be in full and final settlement of the Supplier s financial liability for any loss or damage incurred by the Customer during the Liquidated Damages Period and 7 1 2 if the Equipment has not been delivered by the end of the Liquidated Damages Period the Customer shall be entitled to claim any remedy available to it for loss or damage incurred by it thereafter 7 1 3 if the Acceptance Procedures have not been recorded successful in accordance with clause 6 3 by the end of the Acceptance Procedures Period then the Supplier shall pay to the Customer as liquidated damages for each day of delay the amount specified in the Order or if none is specified then a sum equal to one percent of the value of the Equipment ordered up to the end of the Liquidated Damages Period Such payment shall be in full and final settlement of the Supplier s financial liability for any loss or damage incurred by the Customer during the Liquidated Damages Period and 7 1 4 if the Acceptance Procedures have not been recorded as successful by the end of the Liquidated Damages Period the Customer shall be entitled to claim any remedy available to it for loss or damage incurred by it thereafter Associated Services Provision The Supplier shall provide the Associated Services identified on the Order in respect of the Equipment as appropriate and in accordance with the Service Level Agreement in Schedule 2 4 The
85. tor Tel 4 2 1 Note At the earliest time the contractor becomes aware that he cannot resolve the problem complaint within the timescales agreed under the complaint procedure then the problem complaint shall be escalated to the next level or higher if applicable and as the parties shall agree cb Implementation Plan A PIP Project Implementation Plan will be required where identified in the Order and for all Solutions that require the connectivity of more than one output device to a network The PIP will vary in degrees of complexity and timescales for implementation depending upon the Customer s requirements The Supplier will use a format for the PIP that includes detailing firstly an overview of existing output devices deployed and the costs associated with that equipment using standard industry benchmarks for costing purposes Secondly the Supplier will with full agreement from the Customer create the PIP with milestone dates for achieving delivery installation and configuration Failure of the Supplier to achieve the agreed milestone date will invoke a delay compensatory factor which will be 1 of the cost of the Order for each days delay up to a maximum of 10 of the cost of the Order Upon satisfactory completion of the milestones the Supplier will demonstrate to the Customer by means of an agreed acceptance test routine in accordance with schedule 2 3 that the Solution is performing within th
86. ts nominated address for invoices of a valid invoice in accordance with the provisions of Schedule 2 2 from the Supplier 10 3 The Charges are exclusive of Value Added Tax The Customer shall 12 13 13 1 pay the Value Added Tax the Charges at the rate and in the manner prescribed by law from time to time Recovery of Sums Due If any sum of money shall be due from the Supplier the same may be deducted from any sum then due or which at any time thereafter may become due to the Supplier under this Agreement or any other agreement with the Customer Monitoring and Reporting The Supplier shall 12 1 1 appropriately manage the Equipment and Associated Services that it provides under this Contract 12 1 2 be required to provide to the Customer such management information as it reasonably requires including but not limited to the information identified in Schedule 6 12 1 3 on reasonable notice grant to the Customer s external and internal auditors access to any relevant data or documentation relating to the Framework Contract and Order and the supply of the Equipment and provision of the Associated Services for the purpose of carrying out an audit Suppliers Personnel The Supplier shall select employ train furnish and deploy in and about the performance of the Order only such persons as are of good character and who are appropriately skilled and experienced 3 2 The Contractor shall comply with the requirements
87. uipment and or the provision of the Associated Services as appropriate or 5 1 2 advise the Customer in writing prior to the date of delivery of the Equipment and or provision of the Associated Services of any matter or aspect of the Premises which is inadequate or not suitable for installing or operating the Equipment and or providing the Associated Services as appropriate The Supplier acknowledges that it is not entitled to recover any additional costs from the Customer which arise from any matter or aspect of the Premises which is not notified to the Customer in accordance with Clause 5 1 2 Acceptance of the Equipment The Supplier shall permit the Customer or authorised representatives to make any inspections or tests which may reasonably be required and the Supplier shall afford all reasonable facilities and assistance free of charge at the Supplier s premises No failure to make complaint at the time of such inspection or tests and no approval given during or after such tests of the Equipment or inspections shall constitute a waiver by the Customer of any rights or remedies in respect of the Equipment and in particular the Customer retains the right to reject the Equipment Unless formal acceptance testing in accordance with clauses 6 6 6 7 6 8 6 9 6 10 6 11 and 6 12 is identified as a requirement on the Order then in respect of Equipment supplied the Customer may by written notice to the Supplier reject any of the Equipmen
88. uipment for 12 Months from delivery If the Customer shall within such guarantee period or within 25 Working Days thereafter give notice in writing to the Supplier of any defect in any of the Equipment as may have arisen during such guarantee period under proper and normal use the Supplier shall without prejudice to any other rights and remedies which the Authority may have as quickly as possible remedy such defects whether by repair or replacement as the Customer shall elect without cost to the Customer Any Equipment rejected or returned by the Customer as described in clause 6 2 shall be returned to the Supplier at the Supplier s risk and expense Where the Order identifies that formal acceptance testing is required and in any event in respect of Equipment supplied the Supplier shall carry out formal acceptance in accordance with clauses 6 6 6 7 6 8 6 9 6 10 6 11 and 6 12 during the Acceptance Procedures Period make available the Equipment for the Acceptance Procedures to be performed The Customer shall accept the Equipment in accordance with the Acceptance Procedures The Acceptance Procedures shall be recorded as successful and the Supplier notified accordingly where all the relevant Acceptance Criteria are met The Acceptance Procedures shall be recorded as unsuccessful and the Supplier notified accordingly where any of the relevant Acceptance Criteria are not met 6 10 If the Acceptance Procedures in respect of any E
89. y 31 1 If any provision of this Agreement is held invalid illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been executed with the invalid illegal or unenforceable provision eliminated In the event of a holding of invalidity so fundamental as to prevent the accomplishment of the purpose of this Agreement ESPO and the Supplier shall immediately commence good faith negotiations to remedy such invalidity 32 Waiver 3 The failure of either party to insist upon strict performance of any provision of this Agreement or the failure of either party to exercise any right or remedy to which it is entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations established by this Agreement 32 2 A waiver of any Default shall not constitute a waiver of any subsequent Default 32 3 No waiver of any of the provisions of this Agreement shall be effective unless it is expressly stated to be a waiver and communicated to the other party in writing in accordance with the provisions of Clause 30 33 Dispute Resolution 33 1 The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Agreement within 20 Working Days of either Party notifying the other of the disput

1863 IT Products User Guide

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