Conditions and Exclusions. Service Levels are measured on a quarterly or annual basis, as set forth below.
(a) Service Levels will apply from the first full month following the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet the Service Levels under this Service Level Agreement.
(e) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period in which Customer alleges that the Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange.
(f) Customer must exercise any right to terminate the Services provided under this SLA within 60 days of the breach giving rise to Customer’s right to terminate at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapse.
(g) Any termination of the Service due to the failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(i) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level in any month exceed 100% of the aggregate monthly recurring Charges for the Service at the affected Location(s) in that month.
(k) In no event will Customer be entitled to receive credit...
Conditions and Exclusions. Notwithstanding anything to the contrary set forth in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions:
(a) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet the Service Levels under this SLA. Customer will not be entitled to any remedies set out in this SLA, and the Service Levels will not apply, if Customer does not purchase Service Select - Extended Service Delivery. Notwithstanding anything to the contrary contained in this SLA, if Customer does not purchase Service Select -
1 Western Europe consists strictly of the following countries: Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, Monaco, Netherlands, Norway, Poland, Spain, Sweden, Switzerland, and the United Kingdom.
2 The DTTR Service Level is not available for Locations outside of continental United States and for Locations in the Middle East, Africa, and Latin America regions of Orange. Extended Service Delivery, then all Service Levels will automatically convert into, and will be treated as SLO, and all remedies, financial or otherwise, associated with non-achievement of any Service Level will be null and void.
(b) Orange's Scheduled Maintenance or emergency maintenance of the Business VPN Service or the Orange Network, if provided in a proper, non-negligent manner and in accordance with standard industry practices, will not be deemed to be a failure by Orange to provide the Business VPN Service in accordance with the Agreement.
(c) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Month in which the alleged Service Level failure occurred. Within 30 days following receipt of the claim, Orange will confirm in writing the amount of the credit (if any) from reports generated by Orange and will issue all undisputed credits within 90 days from the date of its receipt of Customer’s written claim.
(d) Customer must exercise any Business VPN Service termination right specified in this SLA within 60 days from the date of the Service Level failure that gave rise to such termination right. If Customer does not notify Orange in writing of its election to terminate the Service within the 60-day period, then such termination right will lapse.
(e) The exercise by Customer of the Service termination right under this SLA will be without financial lia...
Conditions and Exclusions. In the event that failure to return Equipment to the Owner after the expiration of Free Time is caused by a party other than the User, the Owner may invoice that party for the Use Charges, but such practice shall in no way relieve the User of ultimate responsibility for the use charges.
Conditions and Exclusions. Mitrex will have no obligation under any limited warranty herein until such time that Mitrex has been fully paid for all supplies and materials. If Mitrex has not been paid in full for all supplies and materials within 30 days of the delivery of all components of the Mitrex System, the limited warranties herein will be voided and Mitrex shall have no liability to any entity hereunder.
Conditions and Exclusions. 6.1 To the full extent permitted by law, this Warranty does not cover
(1) Any increased costs or expenses; (2) Any loss of profit, revenue, business, contracts or anticipated savings; (3) Any loss or expense resulting from a claim by a third party; or (4) Any special, indirect or consequential loss or damage of any nature whatsoever. • All other warranties, whether implied or otherwise, not set out in this Warranty except for those that cannot be excluded at law under the Domestic Building Acts, the Australian Consumer Law or any other applicable law. Windows and Doors • A warp, bow or twist of 4mm or less for doors up to 2,150mm high, 6mm or less for door heights between 2,150mm and 2,400mm and will not be liable for any warp, bow or twist for doors exceeding 2,438mm high or 1,219mm wide; • Defects due to moisture content which falls below 10% or for moisture content which exceeds 15%; • Normal show-through of frame and core components in flush doors; • Natural variations in the colour, texture and grain pattern of timber, plastic and aluminium componentry of Goods, including the colour, grain pattern and thickness of matching timber edge strips and western red cedar components; • Fading, darkening or colour change in aluminium surfaces of Goods, including powdercoated finishes, caused by normal weather conditions; • Window reveals which have not been protected from the elements within two weeks of being delivered to site. • Any other matter that We may advise You of from time to time. Glass • Glass Goods that have been modified in any way by the addition of a film, tint, privacy or any other finish not authorised by Us; • Glass breakage not caused solely by Our faulty workmanship or materials, or Our failure to render Services with due care and skill; • Natural variations in the clarity of glass and paint colour batching in respect of painted glass splashbacks; • Nanoclean EnduroShield® glass coating treatment; • Any other matter that We may advise You of from time to time. • Discolouration of glass finishes that may occur under certain climatic conditions; Nanoclean • The Nanoclean Warranty applies specifically to the EnduroShield® glass coating treatment that is applied to the surface of shower screen or other glass Goods. • The Nanoclean Warranty does not cover the glass, showerscreen, Hardware, installation or any other component of the Goods, other than the EnduroShield® coating. Hardware & Moving Parts • Plated finished products; • Goods used in co...
Conditions and Exclusions. Warranty claims must be submitted within 10 days of the date when Purchaser did notice or could reasonably have noticed the defect. In order to make a warranty claim, Purchaser may be required to prove that the installation did not cause the defects or failures of the Product, unless the installation was performed by a Geotab-certified installer. Any products, services or items made or supplied by third parties (including vehicles tracked with our Products) are not covered by our limited warranty and we are not responsible for malfunctions by or in such products, services or items. Purchaser needs to purchase, license or procure products, software, data or services from third parties to enable the full use or functionality of our Products. Purchaser is responsible for ensuring that all such third party products, software, data or services meet our minimum requirements, including without limitation, processing speed, memory, client software, internet access, internet or other communication channel bandwidth.
Conditions and Exclusions. Any tire, no matter how well constructed, may fail in service or otherwise become unserviceable due to conditions beyond the control of the manufacturer. Nothing in this Warranty is intended to be a representation by Xxxxxx Xxxxxxxx that tire failure cannot occur. Xxxxxx Xxxxxxxx recommends that all passenger and light truck tires (including full-size spare tires) that are beyond 10 years from their date of manufacture be replaced with new tires. Tires that are 10 or more years old should be replaced even if the tires appear to be undamaged and have not reached their tread wear limits. In some cases, a vehicle manufacturer may make a recommendation for tire replacement earlier than 10 years for their products based upon their understanding of the specific vehicle characteristics and application. If so, you should follow those vehicle manufacturer's specific recommendations for their vehicle. Bias tires tend to ride and handle differently than radials. Bias ply or bias belted and radial tires should not be mixed on the same vehicle. Xxxxxx Xxxxxxxx offers racing tires and tubes for sale. These products should be used in racing applications only. Due to the many varied and different conditions to which racing tires and tubes are exposed and because of the manner in which racing is conducted, Xxxxxx Xxxxxxxx makes absolutely no warranty, expressed or implied, as to the fitness for a general or particular purpose or of merchantability in connection with any offer of sale or sale of racing tires and tubes. “XXXXXX XXXXXXXX RACING TIRES OR TIRES USED IN RACING ARE SOLD AS IS”. Not all racing tires are designed, tested or labeled to meet the minimum safety and performance requirements of the Federal Motor Vehicle Safety Standards (FMVSS). Tires that do not meet these Federal safety standards can not be sold for use on public highways and should not be used on any public highway in any manner. Never purchase used tires! Previous usage may have damaged internal components. This damage may lead to sudden tire failure. Some states do not allow exclusion of incidental or consequential damages. As a result, this limitation or exclusion may not apply to you. This Warranty gives you specific legal rights, and you may also have other rights that vary from state to state. When making a claim, you must return the tire to be replaced to the Xxxxxx Xxxxxxxx dealer where the tire was originally purchased for initial inspection. If the dealer which originally sold the tire is n...
Conditions and Exclusions. Notwithstanding anything to the contrary set forth in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions:
Conditions and Exclusions. 6.1 To the full extent permitted by law, this Warranty does not cover TYPE EXCLUSIONS General • Fair wear and tear of Goods; imposed on the Goods due to coastal conditions, salt spray, • Defects caused by misuse, abuse, accident or neglect by You; corrosive chemicals, acid rain, extreme heat and/or humidity, • Defects caused by any Force Majeure event; excessive vibration or movements of buildings or foundations, • Defects caused by damage during transport, unless transported or other location-related factor; by Us or Our agent; • The cost of transport for Goods to or from Us; • Your failure to install, care, store and/or maintain the Goods in • Any liability We may have in contract, tort (including, without accordance with the Manufacturer’s Instructions; limitation, negligence or breach of statutory duty), personal • The installation or refinishing of a replacement Good supplied injury or property damage howsoever caused, or otherwise to under this Warranty, or the cost of installation or refinishing of a compensate You for: replacement Good under this Warranty, unless the installation (1) Any increased costs or expenses; or re-finishing was part of Services originally carried out by or (2) Any loss of profit, revenue, business, contracts or contracted to Us; anticipated savings; • Services carried out by personnel or agents which are not (3) Any loss or expense resulting from a claim by a third authorised by Us; party; or • Modification, alteration or repair of Goods, or any other (4) Any special, indirect or consequential loss or damage of any Services, which are not authorised by Us; nature whatsoever. • Any defects or allowances permitted in accordance with • All other warranties, whether implied or otherwise, not set out Australian Standards in this Warranty except for those that cannot be excluded at law • Unless expressly stated otherwise, any abnormal stress under the Domestic Building Acts, the Australian Consumer Law or any other applicable law. Windows and Doors • Any warp, bow or twist in doors which is: • Natural variations in the colour, texture and grain pattern of (1) 4mm or less for doors up to 2,150mm high; timber, plastic and aluminium componentry of Goods, including (2) 6mm or less for door heights between 2150mm and the colour, grain pattern and thickness of matching timber edge 2,400mm; and strips and western red cedar components; (3) 7mm or less for door heights above 2,400mm; • Fading, darkening or colour change in aluminium surfa...
Conditions and Exclusions. This SLA, and Customer’s entitlement to the remedies set out in this SLA, is subject to the following conditions and exclusions:
(a) Except as otherwise provided in this SLA, all Service Levels for Operational Support Services are measured on a quarterly basis and will apply from the first full month following the Committed Delivery Date for the Operational Support Services at the relevant Location.
(b) All Service Levels for Operational Support Services are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(c) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to provide the Operational Support Services in accordance with this SLA.
(d) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the measurement period in which Customer alleges that the Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange.
(e) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party telecommunications provider or resulted from the third party vendor's refusal to cooperate with Orange in the resolution of the Incident.
(f) Notwithstanding anything to the contrary contained in this SLA, in no event will Customer be entitled to receive remedies for non-achievement of any Service Level if such non-achievement was caused by a Force Majeure Event, Scheduled Maintenance, Third Party Intervention or environmental conditions, or by any act or omission of Customer or any Customer-authorized user of the Operational Support Services.
