Common use of Late Repair Clause in Contracts

Late Repair. (a) A delayed repair will become eligible for compensation if the reported fault causes ‘total loss of service’ (i.e. where the fibre performance drops below the Service Maintenance Limit specified for DFX in SIN 525 between the product demarcation points) following the period from when it has been reported to BT (“Qualifying Fault”) for the period over the 18 hours referred to in paragraph 3.2 above. (b) The Communications Provider shall be entitled to compensation for each Qualifying Fault. The compensation shall be 15% of one months relevant individual DFX Service monthly rental for each Qualifying Fault that has not been restored within 18 clock hours after it has been reported to BT, and for each full hour in excess of 18 clock hours until the fault is rectified, up to a maximum of 200 hours. For the avoidance of doubt and by way of example, in the event that a Qualifying Fault is rectified once 20 clock hours (but less than 21 clock hours) have elapsed, the compensation payable would be 15% of one months rental for the Qualifying Fault multiplied by 3 (15% for failing to achieve the 18 clock hours and 15% multiplied by 2 for the 2 elapsed clock hours over the 18 clock hours)].

Late Repair. (a) A delayed repair will become eligible for compensation if the reported fault causes ‘total loss of service’ (i.e. where the fibre performance drops below the Service Maintenance Limit specified for DFX in SIN 525 between the product demarcation points) following the period from when it has been reported to BT (“Qualifying Fault”) for the period over the 18 hours referred to in paragraph 3.2 above. (b) The Communications Provider shall be entitled to compensation for each Qualifying Fault. The compensation shall be 15% of one months relevant individual DFX Service monthly rental for each Qualifying Fault that has not been restored within 18 clock hours after it has been reported to BT, and for each full hour in excess of 18 clock hours until the fault is rectified, up to a maximum of 200 hours. For the avoidance of doubt and by way of example, in the event that a Qualifying Fault is rectified once 20 clock hours (but less than 21 clock hours) have elapsed, the compensation payable would be 15% of one months rental for the Qualifying Fault multiplied by 3 (15% for failing to achieve the 18 clock hours and 15% multiplied by 2 for the 2 elapsed clock hours over the 18 clock hours)].