WARRANTIES AND SERVICE LEVELS Clause Samples
The 'Warranties and Service Levels' clause defines the provider's commitments regarding the quality, performance, and reliability of the goods or services delivered under the contract. It typically outlines specific standards the provider must meet, such as uptime guarantees for software, response times for support, or assurances that products are free from defects. This clause serves to protect the recipient by ensuring they receive a certain level of service and by providing remedies if the agreed standards are not met, thereby reducing the risk of subpar performance or product failure.
WARRANTIES AND SERVICE LEVELS. 11.1. The Client warrants that:
(a) it has the full capacity and authority to enter into and perform this Agreement and that this Agreement is executed by a duly authorised representative of the Client;
(b) it has the authority to grant any rights to be granted to the Supplier under this Agreement;
(c) it owns or has obtained valid licences, consents, permissions and rights to use, and where necessary to licence to the Supplier and any of its subcontractors, any materials reasonably necessary for the fulfilment of all its obligations under the Agreement; and
(d) the Supplier's use in the provision of the Managed Services or otherwise in connection with this Agreement of any third-party materials, including any Hardware or software supplied by the Client to the Supplier for use in the provision of the Managed Services or otherwise in connection with this Agreement, shall not cause the Supplier to infringe the rights, including any Intellectual Property Rights, of any third party.
11.2. The Supplier warrants and represents that:
(a) it has the full capacity and authority to enter into and perform this Agreement and that this Agreement is executed by a duly authorised representative of the Supplier;
(b) it owns or has obtained valid licences, consents, permissions and rights to enable the Supplier to comply with this Agreement and to use any of the Intellectual Property Rights necessary for the fulfilment of all its obligations under this Agreement including for the Client's use and receipt of the Services, and the Supplier shall not breach the provisions of any such necessary licences, consents, permissions and rights or cause the same to be breached;
(c) it will comply with Applicable Laws in performing its obligations under the Agreement; and
(d) the Client's use of any Supplier materials and/or third-party materials, including any materials supplied by the Supplier to the Client, shall not cause the Client to infringe the rights, including any Intellectual Property Rights, of any third party.
11.3. Except for any warranties and service levels expressly set forth in this Agreement, the Services are provided on an “as is” basis, and Client’s use of the Services is at its own risk. The Supplier does not make, and hereby disclaims, any and all other express and/or implied warranties, statutory or otherwise, including, but not limited to, warranties of merchantability, fitness for a particular purpose and any warranties arising from a course of dealing, usage,...
WARRANTIES AND SERVICE LEVELS. 7.1 Except for any warranties and service levels expressly set forth in this Agreement, the Schedules and/or in the Statement of Work, the Services are provided on an “as is” basis, and the Client’s use of the Services is at its own risk. The Supplier does not make, and hereby disclaims, any and all other express and/or implied warranties, statutory or otherwise, including, but not limited to, warranties of merchantability, fitness for a particular purpose and any warranties arising from a course of dealing, usage, or trade practice.
7.2 In the event that a defect, fault or impairment in the provision of the service(s) causes a service interruption and the Supplier becomes aware of this either through the Client giving notification to the Supplier of such default, fault or impairment, or as a result of the Supplier’s monitoring, then the Supplier shall use its commercially reasonable endeavours to resolve that defect, fault or impairment to the extent it reasonably can.
7.3 If the Supplier determines in its reasonable opinion that such a defect, fault or impairment results directly or indirectly from: (i) the negligence, act, omission, or default of the Client, (ii) the Client’s breach of this Agreement, or (iii) the operation, failure or malfunction of any network, equipment, hardware or software owned or controlled by the Client or (iv) any third party action in response to an act or omission of the Client or any person given access to the service by the Client (including third party hosted software vendors) then the Supplier may recover from the Client all reasonable costs to be incurred by it or on its behalf in connection with the remedy of such defect, fault or impairment. Therefore, for the avoidance of doubt, the Supplier can make no commitment to fix any fault and time is not of the essence.
7.4 Unless otherwise agreed, if the Client accesses the Services through the public Internet or through a private circuit provisioned by a bandwidth provider of the Client’s choice, the Client assumes responsibility for managing the relationship with this chosen provider, including service level commitments for issues found to be in the chosen provider’s network.
7.5 If the Client moves from one Client site to another site or makes changes to any Client site or opens a new location to be added to the Client sites, the Client must notify the Supplier in advance. The Supplier may need to carry out an inspection of any cabling and advise the Client of any work to...
WARRANTIES AND SERVICE LEVELS. 9.1 The Customer warrants that:
WARRANTIES AND SERVICE LEVELS. 8.1 The Supplier shall carry out any necessary installation or Maintenance Services relating to the Devices using personnel of the required skill, experience and qualifications and with all due skill, care and diligence in accordance with Good Industry Practice.
8.2 The Supplier warrants that each of the Rental Devices shall substantially conform to its specification as set out in the relevant Statement of Work.
8.3 The Supplier's only liability to the Client if the Devices fail to comply with the warranty set out in paragraph 8.2 of these Device as a Service Terms is as set out in paragraph 9.4 of these Device as a Service Terms.
WARRANTIES AND SERVICE LEVELS