Hardware Failures Clause Samples
The Hardware Failures clause defines the responsibilities and procedures in the event that hardware provided under the agreement malfunctions or ceases to operate as intended. Typically, this clause outlines the process for reporting hardware issues, the timeframe for repairs or replacements, and any limitations on liability or warranty coverage. Its core practical function is to ensure that both parties understand how hardware problems will be addressed, minimizing disputes and downtime caused by equipment failures.
Hardware Failures. 4.1. A defect in any the Units sold and installed by ViriCiti, shall be notified as an Incident to ViriCiti and be resolved within 10 business days. ViriCiti may either repair or replace a Unit that has a defect in its sole discretion.
4.2. The costs of repair or replacement are for ViriCiti unless the Defect is caused by Client or it falls otherwise outside of the scope of ViriCiti’s limited warranty or outside of the warranty period. In such events the costs shall be for Client.
4.3. The following service credits shall apply in the event ViriCiti fails to repair a Unit in time: 5 days late 5%; 10 days or more late 10%;
4.4. Service credits specified in clause 4.3 hereof are a percentage of the purchase price of the relevant Unit and will be credited to the next invoice issued to Client; if no such next invoice is to be issued to Client, ViriCiti will reimburse the amount of the Service credits to Client.
Hardware Failures. Any outage caused by hardware malfunctions at remote Customer sites unless the hardware determined to have caused the failure is part of an active-failover redundant configuration. Hardware in a passive or cold-standby mode are excluded from the SLA.
Hardware Failures. CoreWeave shall promptly notify Customer in the event a Hardware Failure occurs and, for so long as such Hardware Failure continues, CoreWeave shall use best efforts to repair the hardware without undue delay. CoreWeave shall promptly notify Customer when the Hardware Failure has been resolved. To the extent the Hardware Failure continues for a period of two (2) consecutive business days, then Customer’s payment obligations pursuant to Section 11(a) for fees payable for Services not performed due to the Hardware Failure shall be canceled with respect to such Services. Payment obligations for such hardware will not recommence until such time that the Hardware Failure is resolved and Services of such hardware are restored.
Hardware Failures. Converged will not be held liable for any/all hardware failures. Converged will proactively attempt a full data recovery for all hardware failures and recovery is dependent on client’s back-up procedure selected when services begin with Converged. Converged will not be held liable for data that is deemed unrecoverable due to client’s decision to not follow Converged recommended back up policies. (See Converged Back-up definitions)
Hardware Failures