The Deliverables. 3.1 The Company agrees to perform the Deliverables in accordance with the Conditions. Certain features of the Services may be subject to additional guidelines, terms or rules, which will be posted on the Company’s website in connection with such features. 3.2 For the avoidance of doubt, the Agreement shall not relate to the provision of any Construction Services. Any provision of Construction Services by the Company shall be subject to a separate agreement between the Parties. 3.3 In delivering the Deliverables, the Company will exercise reasonable skill and care consistent with normal professional standards in compliance with applicable codes of conduct. 3.4 The Contractor represents and warrants that in respect of receiving the Deliverables: (a) all required information that the Contractor submits shall be truthful and accurate; and (b) the Contractor will maintain the accuracy of such information. All drawings provided by the Contractor to the Company must be of a suitable quality to reasonably allow the Company to provide the Services, and shall be in one of the following formats: .rvt, .dwg, .ifc or .pdf. 3.5 The Quotation and any subsequent Installation Design shall be based upon the System Requirements that shall be provided by the Contractor. 3.6 The Contractor agrees and understands, and shall be responsible for ensuring that the Owner understands, that – (a) there must be a System Services Agreement in place between the Company and the Owner in respect of the System prior to the Company providing the Commissioning Services. The Company shall have no liability for any delay in the provision of Commissioning Services attributable to the absence of such System Services Agreement; (b) following completion of the Services, some or all of the System Services (including the Owner’s ability to use or control certain core functionalities of the System) will not be accessible to the Owner in respect of a System without: (i) a System Services Agreement between the Owner and the Company; (ii) a System that has been properly installed and fully commissioned; (iii) an enabled and supported internet device, such as a phone or tablet (required for some features and functionalities of the System Services); (iv) always-on broadband Internet access in the Property with bandwidth sufficient to support the System Services used; and (v) other system elements that may be specified by the Company from time to time; and (c) in agreeing to provide the Services to the Contractor, the Company makes no commitment to enter into any System Services Agreement with (or provide any System Services to) the Owner.
Appears in 1 contract
Sources: Construction Services Agreement
The Deliverables. 3.1 The Company agrees to perform the Deliverables in accordance with the Conditions. Certain features of the Services may be subject to additional guidelines, terms or rules, which will be posted on the Company’s website in connection with such features.
3.2 For the avoidance of doubt, the Agreement shall not relate to the provision of any Construction Services. Any provision of Construction Services by the Company shall be subject to a separate agreement between the Parties.
3.3 In delivering the Deliverables, the Company will exercise reasonable skill and care consistent with normal professional standards in compliance with applicable codes of conduct.
3.4 The Contractor Owner represents and warrants that in respect of receiving the Deliverables: (a) all required information that is submitted by or on behalf of the Contractor submits Owner shall be truthful and accurate; and (b) the Contractor Owner will maintain the accuracy of such information. All drawings provided by (or on behalf of) the Contractor Owner to the Company must be of a suitable quality to reasonably allow the Company to provide the Services, and shall be in one of the following formats: .rvt, .dwg, .ifc or .pdf.
3.5 The Quotation and any subsequent Installation Design shall be based upon the System Requirements that shall be provided by the ContractorOwner.
3.6 The Contractor Owner agrees and understands, and shall be responsible for ensuring that the Owner understands, understands that –
(a) there must be a System Services Agreement in place between the Company and the Owner in respect of the System prior to the Company providing the Commissioning Services. The Company shall have no liability for any delay in the provision of Commissioning Services attributable to the absence of such System Services Service Agreement;
(b) following completion of the Services, some or all of the System Services (including the Owner’s ability to use or control certain core functionalities of the System) will not be accessible to the Owner in respect of a System without: (i) a System Services Agreement between the Owner and the Company; (ii) a System that has been properly installed and fully commissioned; (iii) an enabled and supported internet device, such as a phone or tablet (required for some features and functionalities of the System Services); (iv) always-on broadband Internet access in the Property with bandwidth sufficient to support the System Services used; and (v) other system elements that may be specified by the Company from time to time; and
(c) in agreeing to provide the Services to the ContractorOwner under the Agreement, the Company makes no commitment to enter into any System Services Agreement with (or provide any System Services to) the Owner.
Appears in 1 contract
Sources: Construction Services Agreement