Common use of Provision of Products Clause in Contracts

Provision of Products. (a) Products shall only be provided by Altiatech when the Customer has provided a signed purchase order, unless otherwise agreed by the parties in writing. (b) Altiatech shall perform the Services with reasonable skill and care consistent with the standards and practices to be expected of a reputable provider of IT services. (c) Altiatech shall only provide additional Products to the Customer where it agrees with the Customer to do so in writing (which may be by email). Any such Products will be charged to and paid for by the Customer in addition to the original charges and in accordance with Altiatech’s standard rates in force from time to time and/or as agreed in writing by the Parties prior to provision of any such additional Products. (d) The Customer acknowledges and agrees that the provision of the Products is dependent upon the co-operation and assistance of the Customer and that, in the event of any delays in the Customer’s provision of such assistance as is reasonably necessary and/or as has been agreed in writing by the Parties, Altiatech may adjust any timetable or delivery schedule set out in this Agreement as reasonably necessary, including but without limitation, the date on which any services are to commence or be completed. (e) The Customer acknowledges that in the provision of the professional services, Altiatech is not providing legal, financial, tax, accounting or other professional advice. (f) The Customer acknowledges that the provision of strategic advice is for general, indicative and advisory purposes only and is based on the assumptions and information available to Altiatech at the time the advice is given and so no responsibility or liability can be taken by Altiatech for any loss or damage caused to the Customer in reliance on that strategic advice. (g) Altiatech will comply with the Customer’s policies that are provided by the Customer in writing to Altiatech in advance and agreed in writing by Altiatech, including but without limitation those that apply to persons who are allowed access to the applicable Customer’s Locations and any health and safety requirements in relation to such persons/access, such policies not to restrict Altiatech’s ability to provide the Services in accordance with this Agreement. (h) In order to ensure Altiatech is able to provide the Products in accordance with this Agreement, the Customer shall provide Altiatech with: all necessary co-operation in relation to the subject matter of the Agreement including but not limited to such personnel assistance as may be reasonably requested by Altiatech from time to time; all necessary access to such premises, information and Customer’s equipment as may be reasonably required by Altiatech to perform the Services; security access information and software interfaces to the Customer’s data and other business applications in order for Altiatech to perform the Services; details of any and all restrictions or requirements for the conduct of Altiatech’s personnel while on the Customer’s premises, including but not limited to any health and safety requirements; and anything else that the Parties agree in writing as being necessary to perform or enable the provision of the Products. (i) The Customer will further ensure that Altiatech’s personnel who attend the Customer’s Locations shall be provided with safe and secure working conditions and environment and in compliance with all health and safety laws and regulations (or relevant equivalent). (j) There shall be deemed to be no failure on the part of Altiatech to supply the Products where Altiatech can reasonably establish that such failure to provide the Products was as a result of matters beyond Altiatech’s reasonable control, including but without limitation any cause attributable to acts, omissions and/or failings of the Customer or other third party.

Appears in 2 contracts

Sources: Terms and Conditions, Terms and Conditions