Common use of Scope and Performance of Services Clause in Contracts

Scope and Performance of Services. 3.1 The Supplier agrees to perform and the Customer agrees to receive the Services set out in the Order. 3.2 The Supplier shall perform the Services: 3.2.1 in accordance with the Agreement, including any description or specification set out in the Order; 3.2.2 in accordance with the Service Levels; 3.2.3 in accordance with all applicable laws and regulations; 3.2.4 using all due skill and care and in accordance with good industry standards and practices; and 3.2.5 using appropriately skilled and qualified personnel. 3.3 The Supplier shall exercise commercially reasonable and diligent efforts to meet any performance dates specified in the Order but such dates shall be estimates only and time shall not be of the essence for performance of the Services. In particular: 3.3.1 the Customer acknowledges that certain Services shall be subject to lead times and capacity, which may change from time to time, and the Supplier cannot guarantee the date(s) for performance of Services requested at short notice; 3.3.2 the Supplier shall use reasonable endeavours to ensure that all parts required for the completion of Services will be in stock when the Services are due to be performed but cannot be held responsible if parts are unavailable. If this occurs, the Supplier shall notify the Customer and the Parties (acting reasonably) may agree the use of alternative parts, or the postponement of the Services until the required parts become available; and 3.3.3 where the Supplier utilises specialist third-party providers to perform elements of the Services, it is not able to guarantee the timeliness of performance of those providers, though it shall use reasonable endeavours to procure that the providers perform in accordance with dates specified in the Order and shall keep the Customer informed in the event of any delay. 3.4 If the Supplier discovers during the course of the Services that additional parts and/or labour is required that is outside of the scope of the Services, it shall inform the Customer and provide a quote for the relevant costs, and only order such additional parts or carry out additional work with the Customer’s prior approval. 3.5 On completion of the Services in respect of particular Instrument(s), the Supplier shall either (i) make the Instrument(s) and associated Deliverables available to the Customer for collection; or (ii) arrange delivery of the Instrument(s) and associated Deliverables to the Customer’s designated returns location, as specified in the Order or otherwise agreed in writing by the Parties. 3.6 The Supplier reserves the right to make reasonable changes to the Services necessary to comply with any changes in applicable laws, regulations, health and safety requirements and/or UKAS standards, without needing to follow the change control process in clause 8.