Common use of Services with Deliverables Clause in Contracts

Services with Deliverables. If Supporting Material for services defines specific deliverables (non-products or services), Contractor warrants those deliverables will conform materially to their written specifications for 30 days following delivery. If Customer notifies Contractor of such a non-conformity during the 30-day period, Contractor will promptly remedy the impacted deliverables or refund to Customer the fees paid for those deliverables and Customer will return those deliverables to Contractor. Eligibility. Contractor’s service, support and warranty commitments do not cover claims resulting from: improper use, site preparation, or site or environmental conditions or other non-compliance with applicable Supporting Material; Modifications or improper system maintenance or calibration not performed by Contractor or authorized by Contractor; failure or functional limitations of any non-Contractor software or product impacting systems receiving Contractor support or service; malware (e.g. virus, worm, etc.) not introduced by Contractor; or abuse, negligence, accident, fire or water damage, electrical disturbances, transportation by Participating Entity, or other causes beyond Contractor’s control.