TERMS AND DEFINITIONS
As Is – Equipment that is bought or sold in its current condition without seller’s warranty. “As Is” refers to the condition of the Equipment; Equipment must always conform to its description in the sales agreement. The buyer must rely upon its own inspection to determine the condition of the Equipment with no reliance upon seller’s representation whatsoever. Buyer acquires As Is Equipment at its own risk.
As Shipped by Manufacturer – The specific configuration of a particular system as originally sold by the Manufacturer, including the Manufacturer’s Ship Group.
Authorized Reseller/Business Partner – An independent company within the Manufacturer’s distribution channel, authorized to sell Equipment with warranty and services. Authorized Resellers can often license Manufacturer software products. Authorized Resellers may often be identified by displaying the Manufacturer’s logo on their stationary and business cards.
Broker – An individual or company that facilitates a transaction between a buyer and seller without necessarily taking title to Equipment. Some brokers may buy Equipment for resale only after they have a committed buyer. Other Brokers may collect a fee for introducing a seller to a buyer.
Dealer/Stocking Reseller – An individual or company that buys Equipment takes title to it and resells it from inventory.
Dealer/Broker Warranty – The warranty on Equipment that is provided by the seller which may include repair, replacement or refund of the purchase price.
Equipment – Physical machines, peripherals, features, or any combination thereof. The model and serial numbers, if applicable, as well as the description of the Equipment, are designated by the Manufacturer.
Factory Refurbished/Manufacturer Refurbished – Equipment that has been returned to the Manufacturer’s factory or certified location to be rebuilt and may include: new or repainted covers, repaired or replaced parts, repaired or upgraded subassemblies, upgrades, chips and features. Factory Refurbished may or may not come with Manufacturer’s Warranty, maintenance certification or software licenses.
Grey Market Equipment – Equipment sold by an Authorized Reseller in violation of its agreement with the Manufacturer of the Equipment.
Green Market Equipment- The green market is the distribution of refurbished, used, repaired, recycled, discontinued or new products that are in working condition. They are sold through brokers and resellers, and sometimes the original manufacturer. These goods are suitable for resale to customers as a lower cost alternative to buying new goods from standard distribution channels such as retail stores.
Guaranteed eligible for manufacturer’s maintenance – A seller’s guaranty that Equipment will be accepted by the Manufacturer for its standard maintenance contract
Manufacturer – The company that initially places Equipment into the market and identifies it by model number, unique serial number, logo and description. (i.e., HP, IBM, Sun Microsystems, Cisco, STK, Avaya, EMC, etc.)
Manufacturer’s New – Equipment sold new by the Manufacturer or its authorized distribution channel. Depending upon the Manufacturer, Equipment may come with Operating System software, Manufacturer’s Warranty and Ship Group. Manufacturer’s New Equipment may or may not contain 100% new parts.
Manufacturer’s Warranty – The warranty on Equipment acquired directly from a Manufacturer or its Authorized Reseller/Business Partner.
New-Unused – Equipment sold by independent resellers that has never been put into service. This Equipment may not possess the full entitlement or backing (warranty, eligibility for service, licensing, etc.) of Manufacturer’s New Equipment.
OEM – Original Equipment Manufacturer – The term OEM has different meanings depending on context. It and can be used as a noun, adjective, verb or adverb. It can mean Original Equipment Manufacturer, the company that manufactured the equipment; it can mean Other Equipment Manufacturer or a company that assembles products but does not manufacture it. And, in mainframe jargon it can mean any manufacturer other than IBM that manufactures IBM compatible equipment. Because of the different and sometimes contradictory potential definitions and usages of the term OEM we believe that OEM is too ambiguous a term to be used in contracts and strongly suggest it not be used. To refer to the company that manufactured Equipment simply refer to the Manufacturer.
Operating System (OS) – Software that controls the execution of all programs and manages computer resources such as memory, peripherals and storage. Examples of Operating Systems include Linux (Red Hat), UNIX (Solaris, AIX, and HPUX), VM, VMS, Cisco IOS and Windows.
PCM (Plug Compatible Manufacturer) – Producer or supplier of Equipment which is functionally equivalent to another Manufacturer’s standards.
Refurbished – Equipment that is tested, cleaned and if necessary repaired, painted and possibly upgraded or some combination of these services. Due to the many potentially different levels of refurbishment the scope of refurbishment must be accurately described in any discussion or contract.
Right To Use License (RTU) – A nonexclusive license to use a Manufacturer’s or developer’s software. Key terms of the RTU will be whether it is transferable or nontransferable, as well as its geographic limitations. If applicable, the fee for the RTU could be included in the price of the Equipment, a fixed one-time charge, or a recurring periodic charge.
Ship Group – Cables, manuals, tools, terminators, connectors, brackets, panels, logics (schematics and diagrams), consoles, etc. (as applicable) that accompany Equipment when originally shipped by the Manufacturer.
Used – Equipment that has been previously placed in service and sold by an independent reseller, Manufacturer or end user. Used Equipment is not Grey Market Equipment.
TERMS AND DEFINITIONS
The following definitions are provided as a minimum guideline to ensure a measure of uniformity and credibility to the Secondary Market. They are primarily intended to be used as a reference by which both buyer and seller can come to an understanding and agreement as to the condition and content of what is ordered and what is shipped.
COMMON EQUIPMENT – All equipment required for basic initialization of a specific PBX/CBX, KSU, or Hybrid system. Depending on OEM may or may not include software.
KEY SERVICE UNIT (KSU) – A small cabinet which contains all the switching electronics of a business key telephone system.
HYBRID KEY SYSTEM – A key system which has some of the attributes of both a key telephone system and a PBX.
DEPOT REPAIR FACILITY – A repair facility to which equipment is shipped “out of house” for repair and return. The user or on site maintenance personnel may perform the shipping to the Depot Repair Facility.
ADVANCE REPLACEMENT, WHERE OFFERED (WARRANTY) – Equipment covered under the supplier’s warranty replaced in advance of receiving the malfunctioning equipment back from the customer. This service is applicable only when the supplier has the equipment available, and may incur a supplemental charge.
PERIPHERAL EQUIPMENT – Equipment not integral to, but working with a telephone system.
DESIGNATION CARDS AND/OR STRIPS – Used to mark phone numbers, internal intercom numbers, etc., on telephone sets and/or consoles.
HAND SET – The part of the telephone held in the hand with which to speak and listen.
POWER SUPPLY – That part of the phone which converts the normal 120 or 240 volts AC power to AC and DC at the various voltages and frequencies as needed by the components and circuits of a system.
MOUNTING HARDWARE – Any and all hardware necessary to mount a KSU, Telephone Set, etc., on a wall or shelf.
USER GUIDES – A booklet, brochure or form detailing pertinent user information for a Telephone Set, Console, etc.
Packaging should be adequate to protect the equipment for shipping by common carrier of choice.
OTHERWISE SPECIFIED – Any other parameters outside these definitions and/or NATD Standards at time of sale, contract or “done deal”.
NON-DOCUMENTED – A quality system patterned and implemented from a commonly recognized and accepted method. Does not require documented evidence of operation.
DOCUMENTED – Same as above except that documented evidence of operation is required.
DOCUMENTED AND REGISTERED – This means that the quality system chosen is recognized and approved by a Registrar, and upon formal verification of documented quality system, a registration certificate is granted. An example of this is ISO 9000.
TECHNICAL SUPPORT – Technical assistance provided over the telephone or, in certain instances, on site to an Interconnect or End User. There may or may not be a service charge if and when this service is provided.
REFUND POLICY – Refunds may be granted at the discretion of the supplier and supplier’s policies. Generally there is a 10% to 20% restocking fee, plus all shipping and handling charges on returns unless previous arrangements have been made.
PBX – Private Branch Exchange. A switch used inside a private business (opposed to one serving the general public). Various manufacturers have different names for these such as: PABX, CBX, EPABX, etc.
WHAT IS INCLUDED
The equipment listed below in bold print will normally include (as shipped by the original equipment manufacturer and where applicable) the items appearing after “to include,” unless otherwise specified by the seller.
TELEPHONE SET/CONSOLE – To include: Hand Set, Hand Set Cord, Mounting Cord and Stand, Designation Strips, Power Supply as specified by OEM part number.
KEY SERVICE UNIT (KSU)
EXPANSION CABINET – To include: Power Cord, Common Equipment (Circuit packs as configured and shipped by manufacturer), Power supply, Door/Cover.
HYBRID SYSTEMS – To include: Common Equipment (Circuit Packs as configured and shipped by manufacturer), Power Supply(s), Connector Cable.
PBX SYSTEMS – To include: Common Equipment (Circuit Packs as configured and shipped by manufacturer), Power Supply(s), Connector Cable as specified by OEM part number.
CIRCUIT PACKS/BOARDS – To include: As configured and shipped by manufacturer.
POWER SUPPLY – To include: Common Equipment, Power Cord, Mounting Hardware.
PERIPHERAL EQUIPMENT – To include: Common Equipment, Cords, Mounting Hardware and as shipped by manufacturer.
VOICE MAIL – To include: Common Equipment, Cords, Mounting Hardware and as shipped by manufacturer.
INSTALLATION AND MAINTENANCE
CUTOVER – Term signifying successful completion of installation and placement into service at the customer site.
DEINSTALLATION – The shutoff and disconnect of machine power and the disassembly of a PBX switch to prepare for its removal from a switch room facility. A properly executed deinstallation will include all necessary parts for the reassembly, operation and maintenance acceptance of the switch and ay of its components at the next location.
DIAGNOSTICS – O.E.M. prescribed test procedure whose successful completion is normally required for maintenance acceptance of a switch, cabinet, or peripheral piece of equipment.
FLASH OR HOT – CutSame as “Cutover” but is done while existing equipment is in operation and down time is reduced to a minimum.
INSTALLATION – The physical hook-up and diagnostic testing of a PBX switch, cabinet, or peripheral item prior to a cutover and maintenance acceptance by the maintaining vendor.
MAINTENANCE CONTRACT – Contract guaranteeing the repair of a PBX switch to support it at operational levels for a predetermined fixed term and fixed price.
MOVES, CHANGES, ADDITIONS – Any of the above ancillary work performed on a PBX switch or peripheral item after installation.
WORK ORDER – Internal document used by a remarketer specifying Work to be performed; Machine or item on which work is to be performed; Required completion date; cost of work; and Customer purchase order and/or other pertinent billing information.
A work order is implemented by a remarketer, once a written request has been received authorizing the work to be performed.
REMARKET AND REPAIR
DONE DEAL – Term used between seller and buyer to signify that a sale has been agreed to and an oral contract is now in effect, binding both parties to the agreed-to-sale as if a written contract had been signed. A written contract submitted later that does not conform to the original oral contract is not justification for dissolving the original oral agreement unless both parties agree to the new written contract.
LIKE NEW – Excellent condition. Under normal conditions could pass as new; i.e., not used, but not necessarily in the O.E.M. packaging.
OUT OF SERVICE/USED – Equipment taken from service. Expected to work and be complete.
REFURBISHED/RECYCLED (COSMETIC ONLY) – Enhancing the cosmetic appearance by using on or more of the following processes:
- Cleaning the plastic
- Buffing the plastic
- Painting the plastic
- Supplying new plastic
REPAIRED/REFURBISHED/RECYCLED – Equipment is repaired to original working condition, but does not include refurbishment or recycling process except where required to bring equipment to working condition.
RELEASE – The relinquishing of a piece of equipment to a purchaser/user upon fulfillment or anticipated fulfillment of contractual obligations, whether written or oral.
WARRANTY – Span of time that equipment will be repaired or replaced due to failure. Does not include reimbursement of engineer’s fees required for replacement. May not include equipment failure due to abuse or destruction by either intentional or unintentional means.