Common use of IT Equipment Clause in Contracts

IT Equipment. Without limiting the Contractor’s obligations under the Subcontract, the Consultant warrants that: each item of IT Equipment: is free of defects in materials and workmanship; complies and operates in accordance with any technical or descriptive specifications of functional, operational, performance or other characteristics specified for that item of IT Equipment in the Subcontract or in any documentation accompanying that IT Equipment; and correctly interprets dates and correctly performs calculations or functions using dates and its operation, including with related IT Equipment and other parts of the MCC Works, will not be adversely affected by the date; and no virus will be introduced into the Contractor's or the Commonwealth's systems as a result of the supply by the Consultant of any IT Equipment or as a result of any other act or omission of the Consultant in connection with carrying out the Services. The Consultant must assign to the Contractor the benefits of warranties given by any supplier from whom the Consultant sources any IT Equipment and for that purpose must execute any instrument necessary to give effect to the assignment within 7 days of the Consultant becoming entitled to the benefit of such warranties. The assignment of a warranty pursuant to clause 16.4 does not in any way relieve the Consultant of the obligation to comply with warranties given by the Consultant under the Subcontract.

IT Equipment. Without limiting the Contractor’s obligations under the any other clause of this Subcontract, the Consultant warrants that: each item of IT Equipment: is free of defects in materials and workmanship; complies and operates in accordance with any technical or descriptive specifications of functional, operational, performance or other characteristics specified for that item of IT Equipment in the Subcontract or in any documentation accompanying that IT Equipment; and correctly interprets dates and correctly performs calculations or functions using dates and its operation, including with related IT Equipment and other parts of the MCC Works, will not be adversely affected by the date; and no virus will be introduced into the Contractor's or the Commonwealth's systems as a result of the supply by the Consultant of any IT Equipment or as a result of any other act or omission of the Consultant in connection with carrying out the Services. The Consultant must assign to the Contractor the benefits of warranties given by any supplier from whom the Consultant sources any IT Equipment and for that purpose must execute any instrument necessary to give effect to the assignment within 7 days of the Consultant becoming entitled to the benefit of such warranties. The assignment of a warranty pursuant to this clause 16.4 does not in any way relieve the Consultant of the obligation to comply with warranties given by the Consultant under this Subcontract. The Contractor and the SubcontractConsultant each agrees, declares and acknowledges that the warranty referred to in paragraph (a)(ii) in favour of the Commonwealth is held on trust by the Contractor for the benefit of the Commonwealth.