Performance and Quality Clause Samples
The PERFORMANCE AND QUALITY clause sets standards and expectations for the level of service or product quality that must be delivered under the agreement. It typically outlines measurable criteria, such as timelines, specifications, or industry benchmarks, that the party providing goods or services must meet. By clearly defining these requirements, the clause ensures that both parties understand what constitutes acceptable performance, thereby reducing disputes and providing a basis for accountability if standards are not met.
Performance and Quality. The reliability of equipment delivered under this contract shall be specified in the orders. The contractor shall supply Mean Time Between Failure (MTBF) and Mean Time to Repair (MTTR) data (if available) to allow calculation of the serial reliability of the system supported by the products delivered and ensure its proper functioning. The contractor shall be capable of providing reliability calculations for the systems delivered under this contract in accordance with Telcordia standard SR-332 (Issue Number 02) “Reliability Prediction Procedure for Electronic Equipment” or other standards specified in the task order. The contractor shall be capable, in response and performance of a task order, of committing to a specified performance level and/or quality of service level in a Service Level Agreement (SLA). The SLA may include network metrics (e.g., availability, response time), billing metrics (e.g., the error rate of charges billed under the contract), customer service metrics (e.g., the percentage of calls to the customer service function that were answered in less than 30 seconds), and security metrics (e.g., the probability of detecting attempted intrusions into the system and the associated false-alarm rate). The contractor shall describe to the customer how the data will be collected and provide to the customer an acceptable reporting mechanism that tracks the requirements agreed to in the SLA. Basic requirements for the SLA may include but are not limited to:
1. A specified level of customer support 2. Overall system availability
Performance and Quality. 4.1 The Supplier warrants that:
(a) the Supplier and all personnel engaged by it in connection with carrying out the obligations of the Purchase Order have the resources and the competence, skill and knowledge to perform the Services and/or complete delivery of the Goods;
(b) the Goods and/or Services will be fit for the purpose intended and fit the description of the Goods and/or Services referred to in the Purchase Order;
(c) where applicable the Goods and/or Services will match any sample or demonstration of the Goods and/or Services given to UNSW by the Supplier;
(d) the Goods and any applicable installation of them will be complete, accurate, of merchantable quality and free from defects in design, materials, workmanship;
(e) it has all rights, title, licences, interests and property necessary to provide the Goods and/or perform the Services;
(f) where applicable it is entitled to use and licence, free from encumbrances, any Intellectual Property rights used or transferred to UNSW under this Agreement and the University’s use of the Goods and/or Services or any licence granted under clause 5.2 will not infringe the rights of any owner of the Intellectual Property; and
(g) it will supply to UNSW all documentation associated with the use of the Goods and/or Services.
4.2 The Supplier must comply with the standards of quality specified in the Purchase Order, any Specification and comply with any law or regulation applicable to the Goods and/or Services.
4.3 If no standards are specified the Supplier must comply with the best quality standards applicable to goods and services of the kind referred to herein as the Goods and/or Services.
4.4 UNSW may on reasonable notice inspect the Goods prior to delivery and the Supplier shall give UNSW all reasonable access to premises during business hours to enable such inspection.
4.5 The warranties referred to in clause 4.1 are in addition to any statutory warranties applicable to the Goods and/or Services.
4.6 During the Warranty Period UNSW may give written notice to the Supplier of any failure or defect in the Goods and/or Services.
4.7 The Supplier must promptly correct any defect or failure in the Goods and/or Services at no cost to UNSW by repair, replacement, modification or other means acceptable to UNSW.
4.8 If the Supplier fails to correct any defect or failure of which it has been notified by UNSW under clause 4.6 within the time specified in the notice (which shall not be unreasonable), UNSW shall have th...
Performance and Quality. 4.1 The Supplier warrants that:
(a) the Supplier and all personnel engaged by it in connection with carrying out the obligations of the Purchase Order have the resources and the competence, skill and knowledge to perform the Services and/or complete delivery of the Goods;
(b) the Goods and/or Services will be fit for the purpose intended and fit the description of the Goods and/or Services referred to in the Purchase Order;
(c) where applicable the Goods and/or Services will match any sample or demonstration of the Goods and/or Services given to PAYO by the Supplier;
Performance and Quality. 3.1 Subcontractor shall perform the Subcontracted Work diligently, competently, and in a workmanlike manner, meeting all applicable industry standards, codes, and regulations.
Performance and Quality. The Company will work with its employees and their representatives to introduce a structured approach to Continuous Improvement Process (CIP). This program will concentrate on quality, improving job procedures and addressing poor plant performance and work methods.
Performance and Quality. The Servicer shall perform the Services in conformity with practices and procedures used by the Servicer, and of the same quality as provided by the Servicer and its Affiliates, 30 days prior to the date hereof. The Servicer shall, to the extent feasible, modify such practices and 122 procedures to the extent necessary (a) to comply with any consents, licenses or approvals obtained pursuant to Section 3.2, (b) to avoid a breach or violation of any proprietary licensing, confidentiality or similar agreement to which the Systems (as defined below) are subject, and (c) to comply with changes in such laws and regulations as are applicable to the Services which become effective during the Transition Period, in each case, at the Company's cost. In providing the Services, the Servicer may, but shall not be obligated to, conclusively rely on advice of counsel provided by the Company.
Performance and Quality. Contractor shall schedule work within seven (7) calendar days and shall complete the work within thirty (30) calendar days following receipt of materials, unless procedure is delayed by Everbrite notification, or Contractor notifies Everbrite of any unavoidable delays by factors completely beyond his control. If shipment of materials by ▇▇▇▇▇▇▇▇▇ is not required, Contractor shall complete the work in accordance with time schedule specifically established for this work. Contractor shall continuously perform all work under this agreement in a skillful, diligent, thorough and careful manner, and shall protect the location(s). Everbrite may refuse any portion of Contractor’s work because of unsatisfactory quality of materials or workmanship or any unauthorized deviation from specifications. Contractor agrees to pay all cost involved in replacing and correcting such work. In addition, ▇▇▇▇▇▇▇▇▇ reserves the right to cancel this agreement or any portion at its election for Contractor’s negligence, slow progress, use of unsatisfactory materials or workmanship, or evidence of fraudulent representation. Contractor further agrees to relinquish any materials shipped to his place of business if default is declared.
Performance and Quality. 5.2.1 ▇▇▇▇▇ undertakes the result obligation (“resultaatsverbintenis”/ “obligation de résultat”) to ensure that the Services are provided in accordance with the planning and the requirements and additional information provided by the NEMOs. ▇▇▇▇▇ acknowledges to have knowledge of and to understand the Services, the Deliverables and requirements of the NEMOs.
5.2.2 The Services shall be provided in compliance with the descriptions in Annex 2 (PMI Logger Analysis Tool Development Services and REMIT reporting services) and Annex 3 (Hosting & Maintenance Services) to the Agreement and taking into account the service levels set forth in Annex 2 (PMI Logger Analysis Tool Development Services and REMIT reporting services) and Annex 3 (Hosting & Maintenance Services) to the Agreement, if any.
5.2.3 ▇▇▇▇▇ shall only act upon instructions given jointly by all the NEMOs or by the SPOC appointed by the Parties or a subset thereof (as the case may be).
5.2.4 ▇▇▇▇▇ undertakes to inform the NEMOs as soon as reasonably possible or practical on possible improvements that could be undertaken to improve the efficiency and the quality of the Services.
5.2.5 ▇▇▇▇▇ undertakes to provide the NEMOs with all information and assistance necessary to explain the functioning of the Services towards any Competent Authority, the TSOs or the Market Participants, if required.
5.2.6 Without prejudice to Articles 5.2.1 and 5.2.2, ▇▇▇▇▇ shall:
a) carry out its obligations with all due diligence and care which can be expected from a professional service provider placed in the same circumstances;
b) comply with and provide the Services in accordance with the applicable professional techniques and industry practices for the same type of services and shall use appropriate advanced technology and security measures;
c) use suitable materials, equipment and human resources as required for the correct performance of the Services;
d) observe sound management practices; e) always act, in respect of any matter relating to the Agreement or to the Services, as faithful adviser to the NEMOs, and
Performance and Quality. Edwards shall perform th▇ ▇▇▇▇▇ces at the levels and in the manner that it has historically performed such Services and in conformity with commercially reasonable standards.
Performance and Quality. The Servicer shall perform the Services in conformity with existing practices and procedures used by the Company and the Servicer, and of the same quality as provided by the Servicer and its Affiliates, prior to the Execution Date. The Servicer shall, to the extent feasible, modify such practices and procedures for compliance with changes in such laws and regulations as are applicable to the Services which become effective during the Transition Period, at the Company's cost. The Servicer may conclusively rely on advice of counsel provided by the Company. In the event the Servicer considers it necessary as the result of one or more employee resignations to retain any independent contractor or new employee to provide all or any part of the Services hereunder, it will obtain the Company's and the Purchaser's prior written consent to such arrangement, and if such consents are not given, Servicer shall have no obligation to provide the Services to have been performed by such new employee or contractor.