Common use of Warranties and Liability Clause in Contracts

Warranties and Liability. 5.1 Subject to the clauses set out below, if you buy new Handset(s) through us, it is sold with the benefit of and subject to the terms applicable to such warranty or guarantee as is given by the manufacturer of the Handset. Handset(s) that are not new are provided without any warranty or guarantee whatsoever. 5.2 If you wish to use Equipment acquired from someone else to receive any Product rather than that supplied by us, we cannot guarantee compatibility with the Product nor will we provide any ongoing support. We will have no liability for a failure to provide the Product resulting from use by you of such Equipment. 5.3 Handset(s) supplied by us will be at your risk immediately on delivery to your premises (or into custody on your behalf, if sooner) and should be insured accordingly. Delivery will be evidenced by signature by you or an authorised person. The Handset(s) will be deemed to have been checked and accepted by you on the date of such signature. You must inspect and inform us of any damaged or missing items within seven days by telephoning Customer Product. You are responsible for ensuring that an authorised person is available to accept delivery. We are not responsible for any delay in performing the Product and reserve the right to charge carriage if an authorised signatory is not available, or you refuse to accept delivery of Handset(s). We accept no liability for any late delivery or deliveries that are lost in the post. 5.4 You may request an exchange or upgrade of any Handset within seven days following delivery subject to: (i) return to us of the original Handsets in their original packaging and unused; (ii) payment by you of the costs of delivery; and (iii) payment of our standard charge. 5.5 Handset(s) will remain our property until paid for in full by you. Until such time as the ownership of the Handset(s) has passed to you, you will hold it on our behalf and keep it safe, insured and identified as our property and we will be entitled to ask you to return the Handset(s). During this time you will notify us immediately of any loss, theft or damage of any Handset. 5.6 All SIM Cards supplied to you for use on the Network will at all times remain the property of the Third Party Operator and in the event of termination of the Contract must be returned to your Third Party Operator in good condition. You agree to notify the Third Party Operator immediately of any loss, theft or damage of to any SIM Card. 5.7 If it is necessary for a Third Party Operator to supply you with Equipment in order to access the Product then you agree that such Equipment will remain the sole property of that Third Party Operator and you will comply with all request and instructions of that Third Party Operator in relation to provision, installation, storage, maintenance and care of that Equipment. 5.8 You will comply with any reasonable instructions issued by us or the Third Party Operator which concern your use of the Product or SIM Card including, without limitation, any codes of conduct which apply in relation to the Equipment and Product (as amended from time to time). 5.9 You will ensure that the Equipment and any other equipment and/or hardware connected to or used with any Product is connected and used in accordance with any applicable instructions, safety or security procedures. 5.10 TalkTalk Business shall not be liable for any indirect or consequential loss, (including but not limited to economic loss, loss of profits, loss of business, loss of revenue, increased costs or expenses, loss of savings or opportunity costs) whether arising in contract, tort (including negligence and breach of statutory duty), misrepresentation or otherwise in connection with the performance of or failure or omission to perform this Contract. 5.11 Subject to clause 5.6, TalkTalk Business’ total liability to you in respect of each claim whether under this Contract or arising in tort (including negligence and breach of statutory duty), misrepresentation or otherwise shall not exceed the average Charges for one month (averaged over the period of the Contract prior to the event giving rise to the claim) and the price you paid TalkTalk Business for the Equipment. 5.12 Other than as expressly provided in this Contract all warranties, conditions, terms, representations or other terms (whether express or implied by statute or common law or otherwise) as to the Product and the Equipment are hereby excluded to the fullest extent permitted by law.

Warranties and Liability. 5.1 Subject to 6.1 You promise that: 6.1.1 the clauses quantity, quality, description and specification for the Deliverables will be those set out below, if you buy new Handset(s) through us, it is sold with the benefit of and subject to the terms applicable to such warranty or guarantee as is given by the manufacturer of the Handset. Handset(s) that are not new are provided without in our order; and 6.1.2 any warranty or guarantee whatsoever. 5.2 If you wish to use Equipment acquired from someone else to receive any Product rather than that supplied by us, we cannot guarantee compatibility with the Product nor will we provide any ongoing support. We will have no liability for a failure to provide the Product resulting from use by you of such Equipment. 5.3 Handset(s) supplied by us goods will be at your risk immediately on delivery to your premises (or into custody on your behalf, if sooner) free from defects in materials and should be insured accordingly. Delivery will be evidenced by signature by you or an authorised person. The Handset(s) will be deemed to have been checked and accepted by you on the date of such signature. You must inspect and inform us of workmanship; and 6.1.3 any damaged or missing items within seven days by telephoning Customer Product. You are responsible for ensuring that an authorised person is available to accept delivery. We are not responsible for any delay in performing the Product and reserve the right to charge carriage if an authorised signatory is not available, or you refuse to accept delivery of Handset(s). We accept no liability for any late delivery or deliveries that are lost in the post. 5.4 You may request an exchange or upgrade of any Handset within seven days following delivery subject to: (i) return to us of the original Handsets in their original packaging and unused; (ii) payment by you of the costs of delivery; and (iii) payment of our standard charge. 5.5 Handset(s) will remain our property until paid for in full by you. Until such time as the ownership of the Handset(s) has passed to you, you will hold it on our behalf and keep it safe, insured and identified as our property and we will be entitled to ask you to return the Handset(s). During this time you will notify us immediately of any loss, theft or damage of any Handset. 5.6 All SIM Cards supplied to you for use on the Network will at all times remain the property of the Third Party Operator and in the event of termination of the Contract must be returned to your Third Party Operator in good condition. You agree to notify the Third Party Operator immediately of any loss, theft or damage of to any SIM Card. 5.7 If it is necessary for a Third Party Operator to supply you with Equipment in order to access the Product then you agree that such Equipment will remain the sole property of that Third Party Operator and you Deliverables will comply with all request statutory requirements and instructions regulations, and with all normally applicable quality standards, relating to their sale or supply; and 6.1.4 all claims made by you about any Deliverables, and all apparently serious claims in your advertising and promotional material, are correct and can be relied upon; and 6.1.5 any services will be performed by appropriately qualified and trained personnel; and 6.1.6 neither the sale and supply of any Deliverable, nor its proper use by us for an intended purpose, will breach any property rights in or about that Third Party Operator in relation to provisionDeliverable, installationincluding intellectual property rights, storage, maintenance and care of that Equipmentany other person. 5.8 You will comply with any reasonable instructions issued by us or the Third Party Operator which concern your use of the Product or SIM Card including, without limitation, any codes of conduct which apply in relation to the Equipment and Product (as amended from time to time). 5.9 You will ensure that the Equipment and any other equipment and/or hardware connected to or used with any Product is connected and used in accordance with any applicable instructions, safety or security procedures. 5.10 TalkTalk Business shall not be liable for any indirect or consequential loss, (including but not limited to economic loss, loss of profits, loss of business, loss of revenue, increased costs or expenses, loss of savings or opportunity costs) whether arising in contract, tort (including negligence and breach of statutory duty), misrepresentation or otherwise in connection with the performance of or failure or omission to perform this Contract. 5.11 Subject to clause 5.6, TalkTalk Business’ total liability to you in respect of each claim whether under this Contract or arising in tort (including negligence and breach of statutory duty), misrepresentation or otherwise shall not exceed the average Charges for one month (averaged over the period of the Contract prior to the event giving rise to the claim) and the price you paid TalkTalk Business for the Equipment. 5.12 Other than as expressly provided in this Contract all 6.2 All warranties, conditions, terms, representations or conditions and other terms (whether express or implied by statute or common law in our favour will apply to any Deliverables bought from you. 6.3 It is your responsibility to find out from us the purposes that we intend the Deliverables to be put to (including any applicable deadline affecting us). You promise that they will be suitable for those intended purposes, save only for any unsuitability which you have, as soon as might reasonably have been expected of you (and in any case before starting Performance) expressly notified to us. 6.4 You will indemnify us and keep us indemnified immediately upon our written demand against any cost, claim, expense or otherwise) as liability arising from any risk for which you are responsible under this contract. 6.5 If you fail to comply with any obligation under the Product contract we will be entitled, at our discretion, to reject any Deliverable and you will not be entitled to receive payment for that Deliverable. 6.6 If any contract goods do not comply with all contract requirements we can demand that you repair them or supply replacement goods within seven days or, at our sole discretion, we can reject the Equipment are hereby excluded goods and demand the repayment of any sum already paid for them. 6.7 We will not be liable to you for any delay or failure to perform any of our obligations under this contract if the fullest extent permitted delay or failure was due to a cause beyond our reasonable control. 6.8 If any contract goods or rights were bought or obtained by lawyou from a third party then any benefits or indemnities that you hold from that other party, in respect of those items, will be held on trust for us. 6.9 You will insure yourselves, and keep insured until Performance is complete, against all normal insurance risks relevant to your work for or with us, on terms and for amounts consistent with normal business prudence. You will demonstrate to us the terms and currency of any such insurance on request.

Warranties and Liability. 5.1 Subject 9.1 Without prejudice to Our statutory rights, You represent and warrant to Us that: 9.1.1 the clauses quantity, quality, description, specification and standard of the Deliverables and of the Performance shall be those set out below, if you buy new Handset(sin this Agreement (including its Schedules) through us, it is sold with the benefit of and subject and/or any samples submitted by You to the terms applicable to such warranty or guarantee as is given by the manufacturer of the Handset. Handset(s) that are not new are provided without any warranty or guarantee whatsoever. 5.2 If you wish to use Equipment acquired from someone else to receive any Product rather than that supplied by us, we cannot guarantee compatibility with the Product nor will we provide any ongoing support. We will have no liability for a failure to provide the Product resulting from use by you of such Equipment. 5.3 Handset(s) supplied by us will be at your risk immediately on delivery to your premises (or into custody on your behalf, if sooner) and should be insured accordingly. Delivery will be evidenced by signature by you or an authorised person. The Handset(s) will be deemed to have been checked and accepted by you on the date of such signature. You must inspect and inform us of any damaged or missing items within seven days by telephoning Customer Product. You are responsible for ensuring that an authorised person is available to accept delivery. We are not responsible for any delay in performing the Product and reserve the right to charge carriage if an authorised signatory is not available, or you refuse to accept delivery of Handset(s). We accept no liability for any late delivery or deliveries that are lost in the post. 5.4 You may request an exchange or upgrade of any Handset within seven days following delivery subject to: (i) return to us of the original Handsets in their original packaging and unused; (ii) payment by you of the costs of delivery; and (iii) payment of our standard charge. 5.5 Handset(s) will remain our property until paid for in full by you. Until such time as the ownership of the Handset(s) has passed to you, you will hold it on our behalf and keep it safe, insured and identified as our property and we will be entitled to ask you to return the Handset(s). During this time you will notify us immediately of any loss, theft or damage of any Handset. 5.6 All SIM Cards supplied to you for use on the Network will at all times remain the property of the Third Party Operator Us and in the event of termination any inconsistency between those set out in this Agreement and those of any samples, those of this Agreement shall prevail; 9.1.2 all Deliverables will be of the Contract must best material and workmanship commercially available and in no event will be returned to your Third Party Operator in good condition. You agree to notify the Third Party Operator immediately of any lossstandard less than of a satisfactory quality and fit for the purpose for which We intend to use them; 9.1.3 all Deliverables will be free from defects in design, theft or damage of to any SIM Card.materials and workmanship; 5.7 If it is necessary for a Third Party Operator to supply you with Equipment in order to access the Product then you agree that such Equipment will remain the sole property of that Third Party Operator and you 9.1.4 all Deliverables will comply with all request Regulatory Requirements, and instructions of that Third Party Operator in relation with all normally applicable quality standards, relating to provisiontheir sale or supply, installation, storage, maintenance and care of that Equipment. 5.8 You will comply with any reasonable instructions issued by us or the Third Party Operator which concern your use of the Product or SIM Card including, without limitation, any codes of conduct which apply in relation to the Equipment and Product (as amended from time to time). 5.9 You will ensure that the Equipment and any other equipment and/or hardware connected to or used with any Product is connected and used in accordance with any applicable instructions, safety or security procedures. 5.10 TalkTalk Business shall not be liable for any indirect or consequential loss, (including but not limited to economic losstheir manufacture, loss of profitspackaging, loss of businesspacking, loss of revenuedelivery and performance; 9.1.5 all claims made by You about any Deliverables, increased costs or expensesincluding but not limited to in Your tender submissions, loss of savings or opportunity costs) whether arising in contractadvertising and promotional materials, tort (including negligence are correct, complete and breach of statutory duty), misrepresentation or otherwise in connection with the performance of or failure or omission to perform this Contractcan be relied upon by Us. 5.11 Subject 9.2 Without prejudice to clause 5.6any of Our other rights in these terms or otherwise, TalkTalk Business’ total liability if within the Guarantee Period a defect in the Deliverables is discovered or arises under normal use and this defect is in whole or in part attributable to you faulty supply, design, material or workmanship, You shall (at Your sole cost and promptly) repair or replace the Deliverables to Our reasonable satisfaction as We shall choose. 9.3 You shall not be entitled to reject any claim made in respect of each claim whether under this Contract or any defect arising in tort (including negligence and breach of statutory duty), misrepresentation or otherwise shall not exceed within the average Charges for one month (averaged over Guarantee Period on the period of basis that We failed to make Our complaint during the Contract prior to the event giving rise to the claim) and the price you paid TalkTalk Business for the EquipmentGuarantee Period. 5.12 Other than as expressly provided in this Contract all 9.4 All warranties, conditions, terms, representations or conditions and other terms (whether express or implied by statute or common law or otherwisein Our favour will apply to any Deliverables supplied by You to Us. 9.5 It is Your responsibility to find out from Us the purposes that We intend the Deliverables to be put to (including any applicable deadline affecting Us). You represent and warrant that the Deliverables will be suitable for those intended purposes, save only for any unsuitability which You have, as soon as might reasonably have been expected of You (and in any case before starting Performance) as expressly notified to the Product and the Equipment are hereby excluded to the fullest extent permitted by lawUs.

Warranties and Liability. 5.1 Subject to 6.1 You promise that: 6.1.1 the clauses quantity, quality, description and specification for the Deliverables will be those set out below, if you buy new Handset(s) through us, it is sold with the benefit of and subject to the terms applicable to such warranty or guarantee as is given by the manufacturer of the Handset. Handset(s) that are not new are provided without in our order; and 6.1.2 any warranty or guarantee whatsoever. 5.2 If you wish to use Equipment acquired from someone else to receive any Product rather than that supplied by us, we cannot guarantee compatibility with the Product nor will we provide any ongoing support. We will have no liability for a failure to provide the Product resulting from use by you of such Equipment. 5.3 Handset(s) supplied by us goods will be at your risk immediately on delivery to your premises (or into custody on your behalf, if sooner) free from defects in materials and should be insured accordingly. Delivery will be evidenced by signature by you or an authorised person. The Handset(s) will be deemed to have been checked and accepted by you on the date of such signature. You must inspect and inform us of workmanship; and 6.1.3 any damaged or missing items within seven days by telephoning Customer Product. You are responsible for ensuring that an authorised person is available to accept delivery. We are not responsible for any delay in performing the Product and reserve the right to charge carriage if an authorised signatory is not available, or you refuse to accept delivery of Handset(s). We accept no liability for any late delivery or deliveries that are lost in the post. 5.4 You may request an exchange or upgrade of any Handset within seven days following delivery subject to: (i) return to us of the original Handsets in their original packaging and unused; (ii) payment by you of the costs of delivery; and (iii) payment of our standard charge. 5.5 Handset(s) will remain our property until paid for in full by you. Until such time as the ownership of the Handset(s) has passed to you, you will hold it on our behalf and keep it safe, insured and identified as our property and we will be entitled to ask you to return the Handset(s). During this time you will notify us immediately of any loss, theft or damage of any Handset. 5.6 All SIM Cards supplied to you for use on the Network will at all times remain the property of the Third Party Operator and in the event of termination of the Contract must be returned to your Third Party Operator in good condition. You agree to notify the Third Party Operator immediately of any loss, theft or damage of to any SIM Card. 5.7 If it is necessary for a Third Party Operator to supply you with Equipment in order to access the Product then you agree that such Equipment will remain the sole property of that Third Party Operator and you Deliverables will comply with all request statutory requirements and instructions regulations, and with all normally applicable quality standards, relating to their sale or supply; and 6.1.4 all claims made by you about any Deliverables, and all apparently serious claims in your advertising and promotional material, are correct and can be relied upon; and 6.1.5 any services will be performed by appropriately qualified and trained personnel; and 6.1.6 neither the sale and supply of any Deliverable, nor its proper use by us for an intended purpose, will breach any property rights in or about that Third Party Operator in relation to provisionDeliverable, installationincluding intellectual property rights, storage, maintenance and care of that Equipmentany other person. 5.8 You will comply with any reasonable instructions issued by us or the Third Party Operator which concern your use of the Product or SIM Card including, without limitation, any codes of conduct which apply in relation to the Equipment and Product (as amended from time to time). 5.9 You will ensure that the Equipment and any other equipment and/or hardware connected to or used with any Product is connected and used in accordance with any applicable instructions, safety or security procedures. 5.10 TalkTalk Business shall not be liable for any indirect or consequential loss, (including but not limited to economic loss, loss of profits, loss of business, loss of revenue, increased costs or expenses, loss of savings or opportunity costs) whether arising in contract, tort (including negligence and breach of statutory duty), misrepresentation or otherwise in connection with the performance of or failure or omission to perform this Contract. 5.11 Subject to clause 5.6, TalkTalk Business’ total liability to you in respect of each claim whether under this Contract or arising in tort (including negligence and breach of statutory duty), misrepresentation or otherwise shall not exceed the average Charges for one month (averaged over the period of the Contract prior to the event giving rise to the claim) and the price you paid TalkTalk Business for the Equipment. 5.12 Other than as expressly provided in this Contract all 6.2 All warranties, conditions, terms, representations or conditions and other terms (whether express or implied by statute or common law in our favour will apply to any Deliverables bought from you. 6.3 It is your responsibility to find out from us the purposes that we intend the Deliverables to be put to (including any applicable deadline affecting us). You promise that they will be suitable for those intended purposes, save only for any unsuitability which you have, as soon as might reasonably have been expected of you (and in any case before starting Performance) expressly notified to us. 6.4 You will indemnify us and keep us indemnified immediately upon our written demand against any cost, claim, expense or otherwise) liability arising from any risk for which you are responsible under this contract. 6.5 If you fail to comply with any obligation under the contract we will be entitled, at our discretion, to reject any Deliverable and you will not be entitled to receive payment for that Deliverable. 6.6 If any contract goods do not comply with all contract requirements we can demand that you repair them or supply replacement goods within seven days or, at our sole discretion, we can reject the goods and demand the repayment of any sum already paid for them. 6.7 We will not be liable to you for any delay or failure to perform any of our obligations under this contract if the delay or failure was due to a cause beyond our reasonable control. 6.8 If any contract goods or rights were bought or obtained by you from a third party then any benefits or indemnities that you hold from that other party, in respect of those items, will be held on trust for us. 6.9 You will insure yourselves, and keep insured until Performance is complete, against all normal insurance risks relevant to your work for or with us, on terms and for amounts consistent with normal business prudence. You will demonstrate to us the terms and currency of any such insurance on request. You shall be liable for and shall indemnify us from any liability in connection with any: benefits, benefits in kind, bonuses, commissions, employee’s and employer’s National Insurance contributions, expenses, holiday pay (including payment for accrued but untaken holiday), incentive payments, income tax, pension contributions, salaries, sick pay, wages, all other employment costs payable to your staff and any associated disallowance of value added tax as to the Product allowable income tax, interest and the Equipment are hereby excluded to the fullest extent permitted by lawpenalties arising against us.

Warranties and Liability. 5.1 6.1 Subject to the clauses set out below, if you buy new Handset(s) through us, it each such Handset is sold with the benefit of and subject to the terms applicable to such warranty or guarantee as is given by the manufacturer of the Handset. Handset(s) that are not new are provided without any warranty or guarantee whatsoever. 5.2 6.2 If you wish to use Equipment acquired from someone else to receive any Product Services rather than that supplied by us, we cannot guarantee compatibility with the Product Services nor will we provide any ongoing support. We will have no liability for a failure to provide the Product Services resulting from use by you of such Equipment. 5.3 6.3 Handset(s) supplied by us will be at your risk immediately on delivery to your premises (or into custody on your behalf, if sooner) and should be insured accordingly. Delivery will be evidenced by signature by you or an authorised person. The Handset(s) will be deemed to have been checked and accepted by you on the date of such signature. You must inspect and inform us of any damaged damaged, missing or missing incorrectly supplied items within seven (7) days by telephoning Customer ProductServices. You are responsible for ensuring that an authorised person is available to accept delivery. We are not responsible for any delay in performing the Product Services and reserve the right to charge carriage if an authorised signatory is not available, or you refuse to accept delivery of Handset(s). We accept no liability for any late delivery or deliveries that are lost in the post. 5.4 You 6.4 It is your responsibility to ensure that you order the correct model Handset(s) (including capacity, colour and other options, and whether you require the Handset(s) to be network-locked or SIM free (unlocked)). If, having received your Handset(s), you decide that you ordered the wrong model(s), we may request agree to exchange the Handset(s) for you as gesture of goodwill, but we are under no obligation to do so. We will only consider an exchange or upgrade of any Handset request if it is made by telephoning Customer Services within seven days following delivery subject to: of the date that your Handset(s) is/are delivered. If we do agree to exchange your Handset(s) (which we shall decide in our sole discretion), we will only accept your Handset(s) for replacement if you: (i) return to us of the original Handsets Handset(s) in their original packaging which must be unopened (any cellophane or other wrappers, closure stickers or security seals must be completely intact and, accordingly, the Handset must be unhandled and unused; ), (ii) payment by you of any difference between the price of the returned Handset and the price of the replacement Handset, (iii) payment by you of the costs of delivery; and , (iiiiv) payment of our standard chargerestocking charge (currently 10% of the price of each returned Handset plus VAT), and (v) payment by you of our standard delivery charge in respect of the replacement Handset (currently £10 plus VAT per Handset). If you do not comply with these conditions, we will not replace your Handset(s). Instead, we will return the Handset(s) to you and you will be charged our standard delivery charge (currently £10 plus VAT per Handset). 5.5 6.5 If we send you the wrong model Handset(s) because of a mistake made by us, we will be happy to exchange the Handset(s) for the correct model(s) (and we may require you to do so), provided that each Handset(s) is returned to us in its original, as-new condition. If it is not, we may (at out option) refuse to accept the Handset for exchange or we may charge a reasonable restocking fee, based on the reduced value of the Handset. If we refuse to accept the Handset, we will return it to you and you will be charged our standard delivery charge (currently £10 plus VAT per Handset). We may give you the option of retaining the incorrect Handset(s), if you wish to, but this may be subject to a requirement to pay an additional sum if the price of each such Handset is greater than the price of the Handset that you originally ordered or you may be entitled to a partial refund if the price of that Handset is lower than the price of the Handset that you originally ordered. 6.6 Handset(s) will remain our property until paid for in full by you. Until such time as the ownership of the Handset(s) has passed to you, you will hold it on our behalf and keep it safe, insured and identified as our property and we will be entitled to ask you to return the Handset(s). During this time you will notify us immediately of any loss, theft or damage of any Handset. 5.6 6.7 All SIM Cards supplied to you for use on the Network will at all times remain the property of the Third Party Operator and in the event of termination of the Contract must be returned to your Third Party Operator in good condition. You agree to notify the Third Party Operator immediately of any loss, theft or damage of to any SIM Card. 5.7 6.8 If it is necessary for a Third Party Operator to supply you with Equipment in order to access the Product Services then you agree that such Equipment will remain the sole property of that Third Party Operator and you will comply with all request and instructions of that Third Party Operator in relation to provision, installation, storage, maintenance and care of that Equipment. 5.8 6.9 You will comply with any reasonable instructions issued by us or the Third Party Operator which concern your use of the Product Services or SIM Card including, without limitation, any codes of conduct which apply in relation to the Equipment and Product Services (as amended from time to time). 5.9 6.10 You will ensure that the Equipment and any other equipment and/or hardware connected to or used with any Product Services is connected and used in accordance with any applicable instructions, safety or security procedures. 5.10 TalkTalk Business shall not be liable for any indirect or consequential loss, (including but not limited to economic loss, loss of profits, loss of business, loss of revenue, increased costs or expenses, loss of savings or opportunity costs) whether arising in contract, tort (including negligence and breach of statutory duty), misrepresentation or otherwise in connection with the performance of or failure or omission to perform this Contract. 5.11 Subject to clause 5.6, TalkTalk Business’ total liability to you in respect of each claim whether under this Contract or arising in tort (including negligence and breach of statutory duty), misrepresentation or otherwise shall not exceed the average Charges for one month (averaged over the period of the Contract prior to the event giving rise to the claim) and the price you paid TalkTalk Business for the Equipment. 5.12 6.11 Other than as expressly provided in this Contract all warranties, conditions, terms, representations or other terms (whether express or implied by statute or common law or otherwise) as to the Product Services and the Equipment are hereby excluded to the fullest extent permitted by law.

Warranties and Liability. 5.1 6.1 Subject to the clauses set out below, if you buy new Handset(s) through us, it each such Handset is sold with the benefit of and subject to the terms applicable to such warranty or guarantee as is given by the manufacturer of the Handset. Handset(s) that are not new are provided without any warranty or guarantee whatsoever. 5.2 6.2 If you wish to use Equipment acquired from someone else to receive any Product Services rather than that supplied by us, we cannot guarantee compatibility with the Product Services nor will we provide any ongoing support. We will have no liability for a failure to provide the Product Services resulting from use by you of such Equipment. 5.3 6.3 Handset(s) supplied by us will be at your risk immediately on delivery to your premises (or into custody on your behalf, if sooner) and should be insured accordingly. Delivery will be evidenced by signature by you or an authorised person. The Handset(s) will be deemed to have been checked and accepted by you on the date of such signature. You must inspect and inform us of any damaged or missing items within seven (7) days by telephoning Customer ProductServices. You are responsible for ensuring that an authorised person is available to accept delivery. We are not responsible for any delay in performing the Product Services and reserve the right to charge carriage if an authorised signatory is not available, or you refuse to accept delivery of Handset(s). We accept no liability for any late delivery or deliveries that are lost in the post. 5.4 6.4 You may request an exchange or upgrade of any Handset within seven (7) days following delivery subject to: to (i) return to us of the original Handsets in their original packaging and unused; , (ii) payment by you of the costs of delivery; delivery and (iii) payment of our standard charge. 5.5 6.5 Handset(s) will remain our property until paid for in full by you. Until such time as the ownership of the Handset(s) has passed to you, you will hold it on our behalf and keep it safe, insured and identified as our property and we will be entitled to ask you to return the Handset(s). During this time you will notify us immediately of any loss, theft or damage of any Handset. 5.6 6.6 All SIM Cards supplied to you for use on the Network will at all times remain the property of the Third Party Operator and in the event of termination of the Contract must be returned to your Third Party Operator in good condition. You agree to notify the Third Party Operator immediately of any loss, theft or damage of to any SIM Card. 5.7 6.7 If it is necessary for a Third Party Operator to supply you with Equipment in order to access the Product Services then you agree that such Equipment will remain the sole property of that Third Party Operator and you will comply with all request and instructions of that Third Party Operator in relation to provision, installation, storage, maintenance and care of that Equipment. 5.8 6.8 You will comply with any reasonable instructions issued by us or the Third Party Operator which concern your use of the Product Services or SIM Card including, without limitation, any codes of conduct which apply in relation to the Equipment and Product Services (as amended from time to time). 5.9 6.9 You will ensure that the Equipment and any other equipment and/or hardware connected to or used with any Product Services is connected and used in accordance with any applicable instructions, safety or security procedures. 5.10 TalkTalk Business shall not be liable for any indirect or consequential loss, (including but not limited to economic loss, loss of profits, loss of business, loss of revenue, increased costs or expenses, loss of savings or opportunity costs) whether arising in contract, tort (including negligence and breach of statutory duty), misrepresentation or otherwise in connection with the performance of or failure or omission to perform this Contract. 5.11 Subject to clause 5.6, TalkTalk Business’ total liability to you in respect of each claim whether under this Contract or arising in tort (including negligence and breach of statutory duty), misrepresentation or otherwise shall not exceed the average Charges for one month (averaged over the period of the Contract prior to the event giving rise to the claim) and the price you paid TalkTalk Business for the Equipment. 5.12 6.10 Other than as expressly provided in this Contract all warranties, conditions, terms, representations or other terms (whether express or implied by statute or common law or otherwise) as to the Product Services and the Equipment are hereby excluded to the fullest extent permitted by law.

Warranties and Liability. 5.1 6.1 Subject to the clauses set out below, if you buy new Handset(s) through us, it each such Handset is sold with the benefit of and subject to the terms applicable to such warranty or guarantee as is given by the manufacturer of the Handset. Handset(s) that are not new are provided without any warranty or guarantee whatsoever. 5.2 6.2 If you wish to use Equipment acquired from someone else to receive any Product Services rather than that supplied by us, we cannot guarantee compatibility with the Product Services nor will we provide any ongoing support. We will have no liability for a failure fai lure to provide the Product Services resulting from use by you of such Equipment. 5.3 6.3 Handset(s) supplied by us will be at your risk immediately on delivery to your premises (or into custody on your behalf, if sooner) and should be insured accordingly. Delivery will be evidenced by signature by you or an authorised person. The Handset(s) will be deemed to have been checked and accepted by you on the date of such signature. You must inspect and inform us of any damaged or missing items within seven (7) days by telephoning Customer ProductServices. You are responsible for ensuring that an authorised person is available to accept delivery. We are not responsible for any delay in performing the Product Services and reserve the right to charge carriage if an authorised signatory is not available, or you refuse to accept delivery of Handset(s). We accept no liability for any late delivery or deliveries that are lost in the post. 5.4 6.4 You may request an exchange or upgrade of any Handset within seven (7) days following delivery subject to: to (i) return to us of the original Handsets in their original packaging and unused; , (ii) payment by you of the costs of delivery; delivery and (iii) payment of our standard charge. 5.5 6.5 Handset(s) will remain our property until paid for in full by you. Until such time as the ownership of the Handset(s) has passed to you, you will hold it on our behalf and keep it safe, insured and identified as our property and we will be entitled to ask you to return the Handset(s). During this time you will notify us immediately of any loss, theft or damage of any HandsetHandset . 5.6 6.6 All SIM Cards supplied to you for use on the Network will at all times remain the property of the Third Party Operator and in the event of termination of the Contract must be returned to your Third Party Operator in good condition. You agree to notify the Third Party Operator immediately of any loss, theft or damage of to any SIM Card. 5.7 6.7 If it is necessary for a Third Party Operator to supply you with Equipment in order to access the Product Services then you agree that such Equipment will remain the sole property of that Third Party Operator and you will comply with all request and instructions of that Third Party Operator in relation to provision, installation, storage, maintenance and care of that Equipment. 5.8 6.8 You will comply with any reasonable instructions issued by us or the Third Party Operator which concern your use of the Product Services or SIM Card including, without limitation, any codes of conduct which apply in relation to the Equipment and Product Services (as amended from time to time). 5.9 You will ensure that the Equipment and any other equipment and/or hardware connected to or used with any Product is . connected and used in accordance with any applicable instructions, safety or security procedures. 5.10 TalkTalk Business shall not be liable for any indirect or consequential loss, (including but not limited to economic loss, loss of profits, loss of business, loss of revenue, increased costs or expenses, loss of savings or opportunity costs) whether arising in contract, tort (including negligence and breach of statutory duty), misrepresentation or otherwise in connection with the performance of or failure or omission to perform this Contract. 5.11 Subject to clause 5.6, TalkTalk Business’ total liability to you in respect of each claim whether under this Contract or arising in tort (including negligence and breach of statutory duty), misrepresentation or otherwise shall not exceed the average Charges for one month (averaged over the period of the Contract prior to the event giving rise to the claim) and the price you paid TalkTalk Business for the Equipment. 5.12 Other than as expressly provided in this Contract all warranties, conditions, terms, representations or other terms (whether express or implied by statute or common law or otherwise) as to the Product and the Equipment are hereby excluded to the fullest extent permitted by law.

Warranties and Liability. 5.1 Subject to 6.1 You promise that: 6.1.1 the clauses quantity, quality, description, and specification for the Deliverables will be those set out below, if you buy new Handset(s) through us, it is sold with the benefit of and subject to the terms applicable to such warranty or guarantee as is given by the manufacturer of the Handset. Handset(s) that are not new are provided without in our order; and 6.1.2 any warranty or guarantee whatsoever. 5.2 If you wish to use Equipment acquired from someone else to receive any Product rather than that supplied by us, we cannot guarantee compatibility with the Product nor will we provide any ongoing support. We will have no liability for a failure to provide the Product resulting from use by you of such Equipment. 5.3 Handset(s) supplied by us goods will be at your risk immediately on delivery to your premises (or into custody on your behalf, if sooner) free from defects in materials and should be insured accordingly. Delivery will be evidenced by signature by you or an authorised person. The Handset(s) will be deemed to have been checked and accepted by you on the date of such signature. You must inspect and inform us of workmanship; and 6.1.3 any damaged or missing items within seven days by telephoning Customer Product. You are responsible for ensuring that an authorised person is available to accept delivery. We are not responsible for any delay in performing the Product and reserve the right to charge carriage if an authorised signatory is not available, or you refuse to accept delivery of Handset(s). We accept no liability for any late delivery or deliveries that are lost in the post. 5.4 You may request an exchange or upgrade of any Handset within seven days following delivery subject to: (i) return to us of the original Handsets in their original packaging and unused; (ii) payment by you of the costs of delivery; and (iii) payment of our standard charge. 5.5 Handset(s) will remain our property until paid for in full by you. Until such time as the ownership of the Handset(s) has passed to you, you will hold it on our behalf and keep it safe, insured and identified as our property and we will be entitled to ask you to return the Handset(s). During this time you will notify us immediately of any loss, theft or damage of any Handset. 5.6 All SIM Cards supplied to you for use on the Network will at all times remain the property of the Third Party Operator and in the event of termination of the Contract must be returned to your Third Party Operator in good condition. You agree to notify the Third Party Operator immediately of any loss, theft or damage of to any SIM Card. 5.7 If it is necessary for a Third Party Operator to supply you with Equipment in order to access the Product then you agree that such Equipment will remain the sole property of that Third Party Operator and you Deliverables will comply with all request statutory requirements and instructions regulations, and with all normally applicable quality standards, relating to their sale or supply; and 6.1.4 all claims made by you about any Deliverables, and all apparently serious claims in your advertising and promotional material, are correct and can be relied upon; and 6.1.5 any services will be performed by appropriately qualified and trained personnel; and 6.1.6 neither the sale and supply of any Deliverable, nor its proper use by us for an intended purpose, will breach any property rights in or about that Third Party Operator in relation to provisionDeliverable, installationincluding intellectual property rights, storage, maintenance and care of that Equipmentany other person. 5.8 You will comply with any reasonable instructions issued by us or the Third Party Operator which concern your use of the Product or SIM Card including, without limitation, any codes of conduct which apply in relation to the Equipment and Product (as amended from time to time). 5.9 You will ensure that the Equipment and any other equipment and/or hardware connected to or used with any Product is connected and used in accordance with any applicable instructions, safety or security procedures. 5.10 TalkTalk Business shall not be liable for any indirect or consequential loss, (including but not limited to economic loss, loss of profits, loss of business, loss of revenue, increased costs or expenses, loss of savings or opportunity costs) whether arising in contract, tort (including negligence and breach of statutory duty), misrepresentation or otherwise in connection with the performance of or failure or omission to perform this Contract. 5.11 Subject to clause 5.6, TalkTalk Business’ total liability to you in respect of each claim whether under this Contract or arising in tort (including negligence and breach of statutory duty), misrepresentation or otherwise shall not exceed the average Charges for one month (averaged over the period of the Contract prior to the event giving rise to the claim) and the price you paid TalkTalk Business for the Equipment. 5.12 Other than as expressly provided in this Contract all 6.2 All warranties, conditions, terms, representations or conditions and other terms (whether express or implied by statute or common law in our favour will apply to any Deliverables bought from you. 6.3 It is your responsibility to find out from us the purposes that we intend the Deliverables to be put to (including any applicable deadline affecting us). You promise that they will be suitable for those intended purposes, save only for any unsuitability which you have, as soon as might reasonably have been expected of you (and in any case before starting Performance) expressly notified to us. 6.4 You will indemnify us and keep us indemnified immediately upon our written demand against any cost, claim, expense, or otherwise) as liability arising from any risk for which you are responsible under this contract. 6.5 If you fail to comply with any obligation under the Product contract we will be entitled, at our discretion, to reject any Deliverable and you will not be entitled to receive payment for that Deliverable. 6.6 If any contract goods do not comply with all contract requirements, we can demand that you repair them or supply replacement goods within seven days or, at our sole discretion, we can reject the Equipment are hereby excluded goods and demand the repayment of any sum already paid for them. 6.7 We will not be liable to you for any delay or failure to perform any of our obligations under this contract if the fullest extent permitted delay or failure was due to a cause beyond our reasonable control. 6.8 If any contract goods or rights were bought or obtained by lawyou from a third party then any benefits or indemnities that you hold from that other party, in respect of those items, will be held on trust for us. 6.9 You will insure yourselves, and keep insured until Performance is complete, against all normal insurance risks relevant to your work for or with us, on terms and for amounts consistent with normal business prudence. You will demonstrate to us the terms and currency of any such insurance on request.

Warranties and Liability. 5.1 Subject to the clauses set out below, if you buy new Handset(s) through us, it is sold with the benefit of and subject to the terms applicable to such warranty or guarantee as is given by the manufacturer of the Handset. Handset(s) that are not new are provided without any warranty or guarantee whatsoever. 5.2 If you wish to use Equipment acquired from someone else to receive any Product rather than that supplied by us, we cannot guarantee compatibility with the Product nor will we provide any ongoing support. We will have no liability for a failure to provide the Product resulting from use by you of such Equipment. 5.3 Handset(s) supplied by us will be at your risk immediately on delivery to your premises (or into custody on your behalf, if sooner) and should be insured accordingly. Delivery will be evidenced by signature by you or an authorised person. The Handset(s) will be deemed to have been checked and accepted by you on the date of such signature. You must inspect and inform us of any damaged or missing items within seven days by telephoning Customer Product. You are responsible for ensuring that an authorised person is available to accept delivery. We are not responsible for any delay in performing the Product and reserve the right to charge carriage if an authorised signatory is not available, or you refuse to accept delivery of Handset(s). We accept no liability for any late delivery or deliveries that are lost in the post. 5.4 You may request an exchange or upgrade of any Handset within seven days following delivery subject to: : (i) return to us of the original Handsets in their original packaging and unused; (ii) payment by you of the costs of delivery; and (iii) payment of our standard charge. 5.5 Handset(s) will remain our property until paid for in full by you. Until such time as the ownership of the Handset(s) has passed to you, you will hold it on our behalf and keep it safe, insured and identified as our property and we will be entitled to ask you to return the Handset(s). During this time you will notify us immediately of any loss, theft or damage of any Handset. 5.6 All SIM Cards supplied to you for use on the Network will at all times remain the property of the Third Party Operator and in the event of termination of the Contract must be returned to your Third Party Operator in good condition. You agree to notify the Third Party Operator immediately of any loss, theft or damage of to any SIM Card.Card.‌ 5.7 If it is necessary for a Third Party Operator to supply you with Equipment in order to access the Product then you agree that such Equipment will remain the sole property of that Third Party Operator and you will comply with all request and instructions of that Third Party Operator in relation to provision, installation, storage, maintenance and care of that Equipment. 5.8 You will comply with any reasonable instructions issued by us or the Third Party Operator which concern your use of the Product or SIM Card including, without limitation, any codes of conduct which apply in relation to the Equipment and Product (as amended from time to time). 5.9 You will ensure that the Equipment and any other equipment and/or hardware connected to or used with any Product is connected and used in accordance with any applicable instructions, safety or security procedures. 5.10 TalkTalk Business shall not be liable for any indirect or consequential loss, (including but not limited to economic loss, loss of profits, loss of business, loss of revenue, increased costs or expenses, loss of savings or opportunity costs) whether arising in contract, tort (including negligence and breach of statutory duty), misrepresentation or otherwise in connection with the performance of or failure or omission to perform this Contract. 5.11 Subject to clause 5.6, TalkTalk Business’ total liability to you in respect of each claim whether under this Contract or arising in tort (including negligence and breach of statutory duty), misrepresentation or otherwise shall not exceed the average Charges for one month (averaged over the period of the Contract prior to the event giving rise to the claim) and the price you paid TalkTalk Business for the Equipment. 5.12 Other than as expressly provided in this Contract all warranties, conditions, terms, representations or other terms (whether express or implied by statute or common law or otherwise) as to the Product and the Equipment are hereby excluded to the fullest extent permitted by law.