Common use of ARROW’S OBLIGATIONS Clause in Contracts

ARROW’S OBLIGATIONS. 5.1 Arrow warrants that it will perform the Services in accordance with the Documentation and in a timely, reliable, and professional manner using employees with appropriate skills, qualifications, and experience. 5.2 The warranty at clause 5.1 shall not apply to the extent of any non-conformance that is caused by use of the Services contrary to Arrow's instructions, or modification or alteration, use, repair, or maintenance of the Services by any party other than Arrow or its duly authorised contractors, agents, or Approved Suppliers. In such circumstances, Arrow will, at its expense, use reasonable commercial endeavours to correct any such non- conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the warranty set out in clause 5.1. 5.3 Arrow: a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; nor, subject to clause 2.7, that the Services will meet the Customer's requirements; and b) is not responsible (other than as expressly provided for in the Services) for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services may be subject to limitations, delays, and other problems inherent in the use of such communications facilities; and Tel: 0000 000 0000 Web: xxx.xxxxxxxxxxxxxxxxxxx.xx.xx 10 c) shall not be liable for any unauthorised modifications, alteration, use, repair or maintenance of the Support Services or the Services by any person other than Arrow, its duly authorised contractors, agents, or Approved Suppliers. 5.4 Arrow shall supply all items of Equipment, together with all related documentation provided by third-party manufacturers of items of Equipment and the Customer shall provide all cabling and other equipment needed for the installation of the Equipment at the Customer premises, including any equipment needed to connect and interface the Equipment with the Customer Infrastructure. 5.5 Any warranty provided to Arrow in respect of Equipment or Software supplied under this Agreement by an Approved Supplier shall be transferred to the Customer, subject to any terms or restrictions imposed by the manufacturer of the Equipment or the licensor of the Software.