Availability Warranty Sample Clauses
An Availability Warranty clause guarantees that a service, system, or product will be accessible and operational for a specified percentage of time during an agreed period. Typically, this clause outlines the minimum uptime commitment (such as 99.9% availability per month) and may detail remedies or credits if the provider fails to meet this standard. Its core function is to assure the customer of reliable service performance and to allocate risk by holding the provider accountable for excessive downtime.
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Availability Warranty. 8.1 The Service is provided with no warranty whatsoever save as set out in this condition 8. All other warranties, conditions and guarantees are excluded to the fullest extent permitted by law, unless expressly provided for elsewhere in this Agreement. In particular, SCGSW does not guarantee that the Services will be uninterrupted or error free, that the Services will be continuous or uninterrupted, nor that the Services are free of viruses, malware or any malicious or disabling code.
8.2 SCGSW agrees to use its best endeavours:
8.2.1 to supply the Services to the Customer using the reasonable skill and care of a competent communication provider and in accordance with the Agreement; and
8.2.2 to ensure that the Service is available for use by the Customer in accordance with the Service standards for the time being set out in the Services Schedule
8.3 In the unlikely event of any fault with the Service or non-compliance with the warranty set out in condition 8.1, SCGSW will endeavour to fix, correct or provide a workaround for the fault or non-compliance as soon as reasonably practicable, except where an alternative course of action is required in accordance with condition 7.6. SCGSW’s sole liability shall be to repair, rectify or re-perform the Services in accordance with this condition 8.3, at SCGSW’s election.
8.4 Any timescales set out in the Agreement for the provision of the Services are indicative only and time shall not be of the essence for the provision of the Services. SCGSW will use its best endeavours to meet such timescales.
Availability Warranty. QUALCOMM warrants that it shall maintain those elements of the QUALCOMM Service that are under the control of QUALCOMM (and specifically excluding the force majeure events set forth in this Section 4.1 below, which force majeure events include
Availability Warranty. During the Warranty Period, Supplier warrants that the Turbines, when installed in accordance with the Installation Manual, will, on average, be capable of collectively operating at a level of no less than ninety (90) percent availability for the six-month period after the Final Acceptance Date and no less than ninety-five (95) percent availability for the six month period thereafter, and each of the subsequent years of the Warranty Period (“Guaranteed Average Availability”). Availability shall be measured in accordance with Exhibit K. To the extent the Turbines fail to be capable of collectively operating at the required minimum level during any applicable period, Supplier agrees and acknowledges that Owner will suffer damages in the form of lost revenues and income and agrees to pay Owner damages in amounts calculated in the manner set forth in Exhibit K.. The parties agree that the Availability Liquidated Damages are a reasonable approximation of the losses and damages likely to be suffered by Owner and are not intended to be punitive or excessive, and shall be payable notwithstanding any provision of this Agreement otherwise limiting consequential damages. Supplier’s aggregate liability for liquidated damages under this Section 6.6 shall not exceed an amount equal to ten percent (10%) of the Contract Price actually paid by Owner to Supplier.
Availability Warranty. The Supplier shall not be liable for any defects in the System (hardware and/or Software) resulting from:
(a) operating of the System by the Purchaser not in line with the Documentation provided the Documentation is correct, proper and complete,
(b) changes, repairs or amendments to the System or any Part thereof not in compliance with this Contract provided that they have not been performed by the Supplier or its Affiliate or Sub Suppliers,
Availability Warranty. RF Code warrants to Customer that RF Code will maintain the availability of the Service as provided in the chart below (excluding maintenance outages, outages beyond RF Code's reasonable control, and outages that result from any Customer technology issues).
Availability Warranty. The Contractor warrants to the Buyer, for each annual period during the Term, that the annual average Availability of the Wind Farm calculated at the end of each such annual period shall be no less than [at least 95%]. For each annual period, the average Availability of the Wind Farm will be calculated as the arithmetical average of the Availabilities of each and every one of the WTGs. If the annual average Availability of the Wind Farm (“AA”) is less than the Availability Warranty (“AW”),
Availability Warranty. During the Warranty Period, Seller warrants that the Wind Turbines, when installed in accordance with the Erection and Installation Manual, will achieve not less than [ * *] percent Availability for the six-month period after the Final Completion Date and not less than [* *] Availability for the six-month period thereafter, and for each of the subsequent years of the Warranty Period (“Guaranteed Availability”). Availability shall be measured in accordance with Exhibit R. To the extent the Wind Turbines fail to achieve the minimum levels of Availability stated in this Section 10.6 during any applicable period, Seller agrees and acknowledges that Owner will suffer damages in the form of lost revenues and income and agrees to pay Owner damages in amounts calculated in the manner set forth in Exhibit R (the “Availability Liquidated Damages”). The parties agree that the Availability Liquidated Damages are a reasonable approximation of the losses and damages likely to be suffered by Owner and are not intended to be punitive or excessive, and shall be payable notwithstanding any provision of this Agreement otherwise limiting consequential damages. Seller’s aggregate liability for liquidated damages under this Section 10.6 shall not exceed an amount equal to [* *] of the Contract Price actually paid by Owner to Seller.