Common use of Material Defect Clause in Contracts

Material Defect. Material Defects in the Platform, Software or the Services will be dealt with by Us within the agreed fixed reaction times specified in the Quote or agreed SLA, and will apply after You have notified Us in writing of the defect. The parties understand a material defect in soft- ware to mean the following: A material defect is a condition in which the software in the available ver- sion, when used in accordance with the contract, does not perform a function specified in the service description or in the documentation provided for reasons for which We are responsible and this has a fundamental effect on the suitability of the Platform or the Software for its agreed use. In particular, no defect shall be deemed to exist if (i) the problem was caused by improper installation or handling of the software by You or by third parties and/or is used under system conditions which are not speci- fied in the service description or in the documenta- tion or (ii) the problem is caused by other reasons which are not within our control. The defect shall be remedied at Our discretion by providing an updated version or a reasonable work- around to circumvent the defect. We shall be enti- tled to attempt to remedy the defect at least twice. Defects of the Platform or the Services which do not significantly impair the functionality will be remedied by a software update within a reasonable period of time determined by Us. In the event of only an insig- nificant reduction in the suitability of the Platform or the Services for use in accordance with this Agree- ment, you agree and acknowledge there shall be no claims for defects. You are entitled to claim for reasonable and actually incurred damages due to defects subject to the limits on liability set out in these General Terms. If, upon investigation of a defect by Us, it transpires that there is no defect or that the defect is not at- tributable to Us, We shall be entitled to invoice You for the reasonable costs and expenses actually in- curred in relation to the investigation of the defect.

Material Defect. l Material Defects in the Platform, Software or the Services will be dealt with by Us within the agreed fixed reaction times specified in the Quote or agreed SLA, and will apply after You have notified Us in writing of the defect. The parties understand a material defect in soft- ware to mean the following: A material defect is a condition in which the software in the available ver- sion, when used in accordance with the contract, does not perform a function specified in the service description or in the documentation provided for reasons for which We are responsible and this has a fundamental effect on the suitability of the Platform or the Software for its agreed use. In particular, no defect shall be deemed to exist if (i) the problem was caused by improper installation or handling of the software by You or by third parties and/or is used under system conditions which are not speci- fied in the service description or in the documenta- tion or (ii) the problem is caused by other reasons which are not within our control. The defect shall be remedied at Our discretion by providing an updated version or a reasonable work- around to circumvent the defect. We shall be enti- tled to attempt to remedy the defect at least twice. Defects of the Platform or the Services which do not significantly impair the functionality will be remedied by a software update within a reasonable period of time determined by Us. In the event of only an insig- nificant reduction in the suitability of the Platform or the Services for use in accordance with this Agree- mentAgreement, you agree and acknowledge there shall be no claims for defects. You are entitled to claim for reasonable and actually incurred damages due to defects subject to the limits on liability set out in these General Terms. If, upon investigation of a defect by Us, it transpires that there is no defect or that the defect is not at- tributable to Us, We shall be entitled to invoice You for the reasonable costs and expenses actually in- curred in relation to the investigation of the defect.