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10.1 Telecom right of confirmation and inspection (1) Telecom shall be entitled to confirm test results, to initiate a retest, and to carry out spot checks on any equipment bearing a Telepermit label whether or not it is connected to a Telecom network. (2) Telecom shall also be entitled to purchase a sample of any equipment offered for sale for connection to its networks, whether or not such equipment bears a Telepermit label. Such samples may be used for test purposes to determine whether or not that equipment complies with the conditions of the grant of the PTC and with the claims made at the time of the sale. (3) Telecom shall be entitled to cancel a PTC should, in the opinion of Telecom, non-compliance with the relevant PTC Specifications be proven. (4) Should a sample purchased by Telecom be found not to comply with the conditions of the grant of the PTC the PTC holder shall reimburse Telecom for the purchase price of the sample and shall pay the costs of any corrective measures required. (5) Where the sample indicates that the requirements for granting the PTC are being met in full, the cost of purchasing samples and any associated testing will be borne by Telecom. 10.2 Public rights (1) Any person or organisation shall have the right to apply to Telecom for cancellation of a PTC on the grounds of non-compliance with the conditions of granting that PTC. (2) The onus of proof for such cancellation shall rest with the person or organisation so applying. Should Telecom be satisfied that its network or its service to customers is being disrupted or adversely affected by non-Telecom supplied equipment connected to the network, and that such problems are due to non-compliance by the PTC holder with any appropriate Specifications or the conditions applicable to the granting of the equipment's PTC, Telecom shall be entitled to take any one or more of the following actions:- (a) Levy a charge on the holder of the PTC for the equipment causing the problems for work done to attend to any such disruptions or problems; (b) Disconnect the equipment from the network; (c) Give a one-month written notice to the holder to take remedial action to the satisfaction of Telecom, failing which the PTC will be cancelled; (d) Cancel the PTC immediately; (e) Require the holder to take steps to the satisfaction of Telecom to recall all items of equipment whether connected to the network or not and whether ex-stock, sold, or leased. 10.4 Compulsory modifications to equipment (1) Telecom reserves the right to require the holder of a PTC to modify equipment which has been granted the PTC under the following conditions:- (a) Where it is found as a result of service experience that the equipment does not comply fully with network requirements, or (b) Where it is found to be causing service disruption to a customer, or (c) Where a change in network requirements prevents the equipment from fully meeting its stated performance under the new conditions, or (d) Where service experience reveals that the network is being disrupted or adversely affected. (2) The PTC holder shall only be so liable where the equipment is still being manufactured, or is being rented by the PTC holder, or is not yet sold to a customer for connection to a Telecom network. (3) At least three months' written notice of such a requirement will be given and once notice has been given the PTC holder shall inform all those involved in supplying, distributing or retailing the equipment concerned so that potential customers may be informed of the need for modifications. (4) Unless the modification work is carried out to the satisfaction of Telecom within the time period specified Telecom shall be entitled to cancel the PTC and require the holder to take steps to the satisfaction of Telecom to recall all items of equipment, whether connected to a network or not and whether ex-stock, sold or leased. (5) Where network disruption or service problems are shown to be caused by privately-owned equipment connected to the network the Telecom customer concerned will be held responsible for ensuring that such equipment is modified if it is to remain connected to the network within that customer's premises. 11.1 Information supplied to Telecom The PTC holder shall ensure that all information relating to the PTC supplied by the holder to Telecom shall be true and correct. Failure by the PTC holder to comply with this requirement shall render the PTC liable to immediate cancellation by Telecom. 11.2 Instructions to suppliers The PTC holder shall ensure that all suppliers, distributors and retailers involved in marketing or maintaining the equipment for which the PTC has been granted agree to be bound by the conditions for the grant of the PTC and that these conditions are being complied with. 11.3 Equipment compliance The equipment as supplied by the PTC holder or his agent to customers and offered for connection to any Telecom network shall comply with the PTC Specifications. 11.4 Maintenance of equipment connected to a Telecom network (1) The PTC holder shall ensure that user instructions supplied with the equipment explain that it may only remain connected to a Telecom network if maintained in a manner complying with all the conditions applicable to the grant of the PTC. (2) The PTC holder shall ensure that all persons or organisations formally appointed to carry out maintenance and repair of equipment for which a PTC has been granted are made aware of all the conditions applicable to that grant and that such maintainers and repairers undertake to meet those conditions as part of their duties to the PTC holder. 11.5 Indemnity (1) The PTC holder shall indemnify Telecom against any claim, loss or damage resulting from the failure of the equipment in the form in which it was originally supplied by the PTC holder. (2) The holder shall indemnify Telecom against all claims, loss, or damage arising from non-compliance by the holder with the conditions under which the PTC was granted due to; (a) Any failure of the equipment as supplied by the holder and any disruptions or problems caused by or attributed to such equipment. (b) Any action taken by Telecom pursuant to these Specifications as a result of such failure, disruptions or problems. • Where the PTC holder has complied with Telecom requirements, Telecom also has specific rights and indemnities against the customer under the Terms and Conditions by which the telecommunications service is provided should the equipment concerned be at fault. • Other parties may also have legal rights against the PTC holder under other legal documents. 11.6 Full disclosure of costs and conditions The PTC holder shall ensure that customers using the equipment to which the PTC relates are advised that :- (1) there are responsibilities and obligations to Telecom when having the equipment connected to a Telecom network. (2) conditions are applied by Telecom to the use and continued connection to the network of the equipment concerned. (3) additional rental or charges may be levied by Telecom as a result of connecting the equipment to a Telecom network. (4) they should make enquiries at the nearest Telecom office whenever the retailer of the equipment concerned is unable to supply details of the above conditions. 11.7 Equipment marking The PTC holder shall ensure that all equipment offered for connection to a Telecom network bear the following markings clearly and indelibly marked in an easily visible place on the outside of the equipment.:- (1) The appropriate Telepermit label. (2) The manufacturer's name or trade mark and model number (and, preferably, the equipment serial number) clearly complying with information given in the application for the PTC and that shown on the Telepermit label. • In the case of overseas-sourced equipment it is recommended that the name and address of the New Zealand agent also be shown. (1) For all PTC applications after 1 January 1999, "Year 2000 conformity" shall mean that neither performance nor functionality is affected by dates prior to, during and after year 2000. In particular: (a) No value for current date shall cause any interruption in operation; (b) Date-based functionality must behave consistently for dates prior to, during, and after year 2000; (c) In all interfaces and data storage, the century in any date must be specified either explicitly or by unambiguous algorithms or inferencing rules; (d) Year 2000 must be recognised as a leap year" (e) Products which do not incorporate a date function can be considered to be Year 2000 compliant. (2) Any statement required under clause 5.3 shall include one of the following three options: (a) "This equipment is Year 2000 compliant", or (b) "This equipment is NOT Year 2000 compliant", or (c) "Year 2000 compliance is not applicable to this equipment" (3) For equipment covered by applications prior to 1 November 1998, the indication of Year 2000 compliance status is strongly recommended. (4) PTC holders shall clearly indicate to potential customers the Year 2000 compliance status of all equipment covered by PTCs granted after 1 January 1999. 11.9 Continuing Obligation Provided: 1. The product still meets the PTC requirements when the Telepermit was granted.2. There have been no network changes which would adversely affect the operation of the product. 3. The product is still being used by customers, The obligations of the Telepermit Holder stated in clauses 11.1 to 11.8 shall remain for the reasonable life time of the product.
12. EXPIRY AND CANCELLATION OF A PTC 12.1 Expiry of a PTC (1) Where, due to network changes or improved practices, a new or amended PTC specification supersedes the specification under which a PTC was granted and a product does not meet the requirements of that new specification, Telecom reserves the right to either: (a) expire the PTC granted to that product should there be reason to believe that it would give rise to service problems, or; (b) to set additional conditions on the continued use and further connection of the product in question. (2) Where a PTC is granted for a specific period, batch, or quantity, the PTC shall expire at the completion of that period, batch, or quantity. (3) In either of the above cases any equipment beyond the PTC holder's control or already connected to the network prior to the expiry of the PTC shall continue to be covered by the PTC. (4) Upon expiry of the PTC no further equipment is to be marked with the Telepermit label. 12.2 Cancellation of a PTC (1) In addition to specific rights of cancellation under this Specification a PTC shall be deemed to be cancelled immediately once the PTC holder or the equipment concerned fails to comply either with the conditions of granting the PTC or the provisions of any Specification relevant to the granting of the PTC. (2) Where any PTC is cancelled, no further equipment is to be marked with the Telepermit label following the date of such cancellation. (3) Where the PTC holder is given formal notice by Telecom that the right to use the Telepermit labels on any further equipment will be cancelled within a specified time period unless remedial measures are taken, no further equipment is to be marked with the Telepermit label following the expiry of the warning period until such remedial measures have been taken and have been accepted by Telecom. (4) Other than for the exclusion stated in (5) of this clause, no one may connect to the network any equipment in respect of which the PTC has been cancelled pursuant to clauses 10.1, 10.3, or 10.4 of this Specification. (5) Except where equipment for which the PTC has been cancelled is actually causing network or service problems or affecting safety, any equipment obtained by customers for their own use prior to the cancellation of that equipment's PTC may be connected or be left connected to the network notwithstanding such cancellation. END OF SPECIFICATION PTC 100: 1987 |