Common use of REPLACEMENT OF PRODUCTS Clause in Contracts

REPLACEMENT OF PRODUCTS. Replacements are defined as substitute Products which take the place of a previously awarded/approved Product included in the Standard Configurations, Required Products or Additional Products due to the awarded/approved Product becoming incompatible or unavailable due to Product EOL. The reason a Replacement is needed must be provided in writing to the Aggregate Hardware Buy 18-01 Agreement contract administrator(s) for approval, and OGS must receive no less than sixty (60) calendar days’ notice of EOL for Products. All EOL Replacement Products purchased by Authorized Users must remain under warranty or be replaceable at no additional charge to the Authorized Users. If a Product in the awarded Standard Configuration and/or Required Products becomes incompatible, obsolete or unavailable, a replacement Product of equal or greater specification than the original Product offered in the Standard Configuration and/or Required Products must first be submitted for OGS approval by completing the modification process outlined in Attachment 4, Agreement Price List Modification Procedures. The replacement Product must be offered on the Aggregate Agreement Price List at the same or lower Aggregate Hardware Buy 18-01 Agreement pricing as the Product it is replacing. If an approved Additional Product becomes incompatible, obsolete or unavailable, a replacement Product of equal or greater specification than the original approved Product must first be submitted for OGS approval by completing the modification process outlined in Attachment 4, Agreement Price List Modification Procedures. The replacement Product must be offered on the Aggregate Agreement Price List at the same or lower Aggregate Hardware Buy 18-01 Agreement category discount percentage as the Product it is replacing. Replacement components within the Aggregate Hardware Buy 18-01 Agreement must be compatible with RFQ 18-01 peripherals or the Contractor will be responsible for replacement of both the component and the peripheral at no cost to the Authorized User. OGS will be solely responsible for determining if the replacement Product meets or exceeds the original Product offered in the Standard Configurations and/or Required Products. Note: Contractor must provide advance notification of EOL Products in order for OGS to process modifications for Product substitutions in a timely manner.