Section 1 

APX N-Series Device Management Services - Essential Statement of Work

1.1                    Overview

Device Management Services (“DMS”) efficiently maintains the Customer’s device fleet while helping to keep devices up-to-date and fully operational in the field.

DMS Essential services provide basic hardware and software support.

This Statement of Work (“SOW”), including all of its subsections and attachments is an integral part of the applicable agreement (“Agreement”) between Motorola Solutions, Inc. (“Motorola Solutions”) and Customer (“Customer”).

In the event of a conflict between the terms and conditions of the Agreement and the terms and conditions of this SOW, this SOW will control as to the inconsistency only. The SOW applies to the device specifically named in the Agreement.

1.2                    Hardware Repair

Hardware Repair provides repair coverage for internal and external device components that do not work in accordance with published specifications. Repair services are performed at a Motorola Solutions-operated or supervised facility. The device will be repaired to bring it to compliance with its specifications, as published by Motorola Solutions at the time of delivery of the original device.

For malfunctioning devices that must be replaced, Motorola Solutions will attempt to read the codeplugs from those devices. If successful, Motorola Solutions will load the codeplug to any replacement devices. If not, Motorola Solutions will load a factory codeplug, and the Customer will need to load the previous codeplug.

Motorola Solutions will load factory available firmware to any replacement devices, which may not match the Customer’s firmware version.

1.2.1                 Motorola Solutions Responsibilities

·         Repair or replace malfunctioning device, as determined by Motorola Solutions.

·         Complete repair or replacement with a turnaround time of five business days in-house, provided the device is delivered to the repair center by 9:00 a.m. (local repair center time). Turnaround time represents the time a product spends in the repair process, and does not include time in transit to and from the Customer’s site. Business days do not include US holidays or weekends.

·         If applicable, apply periodically-released device updates, in accordance with an Engineering Change Notice.

·         Provide two-way air shipping when a supported Motorola Solutions electronic system, such as Customer Hub, is used to initiate a repair. A shipping label will be generated via the electronic system.

1.2.2                 Customer Responsibilities

·         For non-contiguous renewals, Customer must provide a complete list, preferably in electronic format, of all hardware serial numbers to be covered under the Agreement to Motorola Solutions.

·         Initiate device repairs, as needed.

-   When initiating a repair via a supported Motorola Solutions electronic system, label each package correctly with the shipping label and Return Material Authorization (“RMA”) number generated by the electronic system.

-   When initiating a repair via paper Return Material Form (“RMF”), the RMF must be completed for each device, included in the package with the device, and shipped to the Motorola Solutions depot specified on the RMF.

·         Remove any data or other information from the device that the Customer wishes to destroy or retain prior to sending the device for repair.

·         If a malfunctioning device must be replaced and the Customer has loaded information for that device to Motorola Solutions’ cloud environment, the Customer will need to remove the information for the malfunctioning device and add information for the replacement device to the applicable cloud environment.

1.2.3                 Limitations and Exclusions

The Customer will incur additional charges at the prevailing rates for any activities that are not included or are specifically excluded from this service scope, as described below. Motorola Solutions will notify the Customer and provide a quotation of any incremental charges related to such exclusions prior to completing the repair and said repair will be subject to Customer’s acceptance of the quotation.

·         Replacement of consumable parts or accessories, as defined by product, including but not limited to batteries, cables, and carrying cases.

·         Repair of problems caused by:

-   Natural or manmade disasters, including but not limited to internal or external damage resulting from fire, theft, and floods.

-   Third-party software, accessories, or peripherals not approved in writing by Motorola Solutions for use with the device.

-   Using the device outside of the product’s operational and environmental specifications, including improper handling, carelessness, or reckless use.

-   Unauthorized alterations or attempted repair, or repair by a third party.

·         Non-remedial work, including but not limited to administration and operator procedures, reprogramming, and operator or user training.

·         Problem determination and/or work performed to repair or resolve issues with non-covered products. For example, any hardware or software products not specifically listed on the service order form are excluded from service.

·         File backup or restoration.

·         Completion and test of incomplete application programming or system integration if not performed by Motorola Solutions and specifically listed as covered.

·         Accidental damage, chemical or liquid damage, or other damage caused outside of normal device operating specifications, except if optional Accidental Damage Coverage was purchased.

·         Cosmetic imperfections that do not affect the functionality of the device.

·         Software support for unauthorized modifications or other misuse of the device software is not covered.

Motorola Solutions is not obligated to provide support for any device that has been subject to the following:

·         Repaired, tampered with, altered or modified (including the unauthorized installation of any software) — except by Motorola Solutions authorized service personnel.

·         Subjected to unusual physical or electrical stress, abuse, or forces or exposure beyond normal use within the specified operational and environmental parameters set forth in the applicable product specification.

·         If the Customer fails to comply with the obligations contained in the Agreement, the applicable software license agreement, and Motorola Solutions terms and conditions of service.

1.2.4                 Accidental Damage[Usage Dir1] 

An add-on to Hardware Repair, Accidental Damage provides repair coverage for internal and external device components damaged due to accidents or that do not work in accordance with published specifications. Repair services are performed at a Motorola Solutions-operated or supervised facility. Accidental Damage coverage must be purchased together with, or within 90 days of, a qualifying Motorola Solutions hardware purchase. This offer reduces unexpected expenses relating to the repair of the device.

Accidental Damage coverage includes all Hardware Repair services, and expands coverage to include Accidental Damage. Examples of items included under Accidental Damage Coverage are:

·         Electrical repair for components that are not working in accordance with published specifications.

·         Electrical repair for failures caused by accidental water damage.

·         Electrical repair for accidental internal damage.

·         Replacement of accidentally cracked or broken housings.

·         Replacement of accidentally cracked or broken displays.

·         Replacement of accidentally cracked or broken or missing keypads/buttons.

For malfunctioning devices that must be replaced, Motorola Solutions will attempt to read the codeplugs from those devices. If successful, Motorola Solutions will load the codeplug to any replacement devices. If not, Motorola Solutions will load a factory codeplug, and the Customer will need to load the previous codeplug.

Motorola Solutions will load factory available firmware to any replacement devices, which may not match the Customer’s firmware version. The Customer may need to downgrade the firmware on the replacement device.

1.2.4.1             Added Motorola Solutions Responsibilities for Accidental Damage

·         Repair or replace accidentally damaged device, as determined by Motorola Solutions.

1.2.4.2             Limitations and Exclusions

In addition to applicable Limitations and Exclusions for Hardware Repair, Accidental Damage limits or excludes the following:

·         There is a limit of one device repair per device/per contract year with Accidental Damage coverage. This exclusion does not apply to repairs to malfunctioning components. Motorola Solutions will repair malfunctioning components covered by the standard Hardware Repair service as needed.

·         Where ongoing “accidental damage” is deemed by Motorola Solutions to be excessive, systemic or the result of device mishandling, the Customer may be subject to an additional charge. Should the accidental damage continue unabated, the Customer will incur repair charges at Motorola Solutions’ discretion and prevailing charges for devices deemed by Motorola Solutions to have been damaged through improper handling, carelessness, or reckless use.

·         Accidental Damage is quoted on a per-unit basis, is prepaid, non-cancellable, and non-refundable for the purchased service term.

1.3                    Device Technical Support

Motorola Solutions’ Device Technical Support service provides telephone consultation for device and accessory issues. Support is delivered through the Motorola Solutions Centralized Managed Support Operations (“CMSO”) organization by a staff of technical support specialists.

For Device Technical Support, Motorola Solutions will respond to calls within two (2) hours during the support days. Support hours are 7 a.m. to 7 p.m. CST Monday through Friday, excluding US holidays. In addition, Customers may contact the Call Management Center (800-MSI-HELP) at any time (24 hours a day, seven days a week) and a Motorola Solutions representative will log a technical request in Motorola Solutions Case Management System on the Customer’s behalf.

1.3.1                 Motorola Solutions Responsibilities

·         Provide technical support for devices, assessing and troubleshooting reported issues.

·         Receive and log Customer support requests, and assign a technical representative to respond to a Customer incident per the defined timeframes.

1.3.2                 Customer Responsibilities

·         Use the provided methods to contact Motorola Solutions technical support.

·         Provide sufficient information to allow Motorola Solutions technical support agents to diagnose and resolve Customer issues.

·         Provide contact information for field service technicians in the event that Motorola Solutions has to follow up.

1.3.3                 Limitations and Exclusions

·         Device support does not include Land Mobile Radio (“LMR”) network, Wi-Fi, and LTE network troubleshooting.

1.4                    Software Maintenance

Motorola Solutions is continually developing new features and functionality for our portfolio of public-safety-grade radios. By purchasing software maintenance, the Customer can take advantage of these firmware releases and future-proof their communications investment.

1.4.1                 Motorola Solutions Responsibilities

·         Test all firmware releases to minimize software defects.

·         Announce new firmware releases and post release notes in a timely manner via Customer Hub.

·         Provide firmware updates. Motorola Solutions makes no guarantees as to the frequency or timing of firmware updates.

·         Provide upgrade capability through supported Programming Tools.

·         Provide programming and service tools and technical support through the firmware support window.

·         Provide documentation via Customer Hub with each release detailing new features, bug fixes, and any known issues.

1.4.2                 Customer Responsibilities

·         Periodically check Customer Hub for firmware update announcements.

·         Keep the radio fleet updated with firmware versions within the support window.

1.5                    Customer Hub Access

Customer Hub is the single location to track the status of subscriptions and service contracts, including start and end dates. This portal includes order, RMA, and technical support ticket status, as well as a consolidated download site for software and documentation.

Outside of pre-announced maintenance periods, Customer Hub will be available on a best effort 24/7 basis. Motorola Solutions cannot guarantee the availability of Internet networks outside of our control.

1.5.1                 Motorola Solutions Responsibilities

·         Provide a web accessible, secure portal to view the Customer’s data.

·         Provide the Customer with login credentials for the site.

·         Provide end-user training for the site.

·         Provide technical support to answer end user questions between the hours of 8 a.m. to 5 p.m. CST Monday through Friday, excluding US holidays.

·         Keep the site updated with the latest Customer information.

1.5.2                 Customer Responsibilities

·         Provide Motorola Solutions with contact information for administrative users.

·         Administer user access.

·         Provide Internet access for users to access the site.

·         Attend available Customer Hub training.

·         Protect login information against unauthorized use.

·         Provide Motorola Solutions with updated equipment information, as needed.


 [Usage Dir1]Include this section if Accidental Damage is proposed. Remove if it is not proposed.