Common use of LIABILITY FOR REPLACEMENT OR REPAIR Clause in Contracts

LIABILITY FOR REPLACEMENT OR REPAIR. 5.4.1 Subject to the following sub-clauses of this condition 5.4 Digital Origin shall, for a period of twelve months from the date of Delivery or Installation (where applicable) whichever is the earlier, at its option and without cost to the Client either arrange repair or replace any defective Equipment and/or Leased Equipment to make good any defect which shall be proved to the satisfaction of Digital Origin to be the result of faulty design, materials or manufacture or Installation (only where Digital Origin supplies Installation Services under the Contract) provided that Digital Origin shall have no liability for any such defects unless the Client notifies Digital Origin, within three Business Days from Delivery or Installation (where applicable) whichever is the earlier, of any defect arising prior to and/or on Delivery or Installation (as the case may be) and (subject to condition 5.4.2) within twenty four hours of any latent defect arising within such twelve (12) month period. 5.4.2 Where the Client enters into an agreement for maintenance of the Equipment and/or Leased Equipment with a third party, Digital Origin’s liability for repair, replacement, renewal shall be transferred to the relevant third party maintenance provider on Delivery. Where Digital Origin is to supply Managed Services Support Services in respect of the relevant Equipment and/or Leased Equipment under the Contract, condition 7 shall apply and in the event of any conflict between this condition 5.4 and condition 7, the provisions in condition 7 shall prevail. 5.4.3 The liability of Digital Origin shall apply only to defects that appear under proper use and under conditions of operation not more onerous than those declared to Digital Origin by the Client prior to entering into the Contract, and in particular shall not apply to defects which arise from the neglect, misuse or faulty maintenance of the Client or any of its other contractors or from alterations carried out without the prior written consent of Digital Origin or from repairs carried out improperly by the Client or its servants or agents or arising from normal wear and tear. 5.4.4 Any Equipment (or part) and/or Leased Equipment (or part) which has been returned to Digital Origin and replaced by Digital Origin shall become the property of Digital Origin. 5.4.5 Digital Origin reserves the right to charge on a quantum meruit basis for the costs of repairs and/or call-outs where the damage has resulted from misuse or unauthorised repair or alteration of the Equipment and/or Leased Equipment by the Client, or from normal wear and tear. 5.4.6 Neither acknowledgement of receipt nor investigation by Digital Origin of any claim hereunder or consent given hereunder shall consitute or imply admission by Digital Origin of any liability in respect of such claim. 5.4.7 Save where the Client has purchased Managed Services Support Services in respect of the relevant Equipment and/or Leased Equipment (in which case condition 7 shall apply) the Client acknowledges and agrees that, subject to condition 12.5, the rights and remedies provided to the Client (in connection with any defect in the Equipment and/or Leased Equipment resulting from faulty design, materials or manufacture or installation) under this condition 5.4 shall be the Client’s sole and exclusive remedies in respect of any defect in the Equipment and/or Leased Equipment resulting from faulty design, materials or manufacture or installation.

LIABILITY FOR REPLACEMENT OR REPAIR. 5.4.1 Subject to the following sub-clauses of this condition 5.4 Digital Origin Beyond Networks shall, for a period of twelve months from the date of Delivery or Installation (where applicable) whichever is the earlier, at its option and without cost to the Client either arrange repair or replace any defective Equipment and/or Leased Equipment to make good any defect which shall be proved to the satisfaction of Digital Origin Beyond Networks to be the result of faulty design, materials or manufacture or Installation (only where Digital Origin Beyond Networks supplies Installation Services under the Contract) provided that Digital Origin Beyond Networks shall have no liability for any such defects unless the Client notifies Digital OriginBeyond Networks, within three Business Days from Delivery or Installation (where applicable) whichever is the earlier, of any defect arising prior to and/or on Delivery or Installation (as the case may be) and (subject to condition 5.4.2) within twenty four hours of any latent defect arising within such twelve (12) month period. 5.4.2 Where the Client enters into an agreement for maintenance of the Equipment and/or Leased Equipment with a third party, Digital OriginBeyond Networks’s liability for repair, replacement, renewal shall be transferred to the relevant third party maintenance provider on Delivery. Where Digital Origin Beyond Networks is to supply Managed Services Support Services in respect of the relevant Equipment and/or Leased Equipment under the Contract, condition 7 shall apply and in the event of any conflict between this condition 5.4 and condition 7, the provisions in condition 7 shall prevail. 5.4.3 The liability of Digital Origin Beyond Networks shall apply only to defects that appear under proper use and under conditions of operation not more onerous than those declared to Digital Origin Beyond Networks by the Client prior to entering into the Contract, and in particular shall not apply to defects which arise from the neglect, misuse or faulty maintenance of the Client or any of its other contractors or from alterations carried out without the prior written consent of Digital Origin Beyond Networks or from repairs carried out improperly by the Client or its servants or agents or arising from normal wear and tear. 5.4.4 Any Equipment (or part) and/or Leased Equipment (or part) which has been returned to Digital Origin Beyond Networks and replaced by Digital Origin Beyond Networks shall become the property of Digital OriginBeyond Networks. 5.4.5 Digital Origin Beyond Networks reserves the right to charge on a quantum meruit basis for the costs of repairs and/or call-outs where the damage has resulted from misuse or unauthorised repair or alteration of the Equipment and/or Leased Equipment by the Client, or from normal wear and tear. 5.4.6 Neither acknowledgement of receipt nor investigation by Digital Origin Beyond Networks of any claim hereunder or consent given hereunder shall consitute or imply admission by Digital Origin Beyond Networks of any liability in respect of such claim. 5.4.7 Save where the Client has purchased Managed Services Support Services in respect of the relevant Equipment and/or Leased Equipment (in which case condition 7 shall apply) the Client acknowledges and agrees that, subject to condition 12.5, the rights and remedies provided to the Client (in connection with any defect in the Equipment and/or Leased Equipment resulting from faulty design, materials or manufacture or installation) under this condition 5.4 shall be the Client’s sole and exclusive remedies in respect of any defect in the Equipment and/or Leased Equipment resulting from faulty design, materials or manufacture or installation.

LIABILITY FOR REPLACEMENT OR REPAIR. 5.4.1 Subject to the following sub-clauses of this condition 5.4 Digital Origin Pericom shall, for a period of twelve months from the date of Delivery or Installation (where applicable) whichever is the earlier, at its option and without cost to the Client either arrange repair or replace any defective Equipment and/or Leased Equipment to make good any defect which shall be proved to the satisfaction of Digital Origin Pericom to be the result of faulty design, materials or manufacture or Installation (only where Digital Origin Pericom supplies Installation Services under the Contract) provided that Digital Origin Pericom shall have no liability for any such defects unless the Client notifies Digital OriginPericom, within three Business Days from Delivery or Installation (where applicable) whichever is the earlier, of any defect arising prior to and/or on Delivery or Installation (as the case may be) and (subject to condition 5.4.2) within twenty four hours of any latent defect arising within such twelve (12) month period. 5.4.2 Where the Client enters into an agreement for maintenance of the Equipment and/or Leased Equipment with a third party, Digital OriginPericom’s liability for repair, replacement, renewal shall be transferred to the relevant third party maintenance provider on Delivery. Where Digital Origin Pericom is to supply Managed Services Support Services in respect of the relevant Equipment and/or Leased Equipment under the Contract, condition 7 shall apply and in the event of any conflict between this condition 5.4 and condition 7, the provisions in condition 7 shall prevail. 5.4.3 The liability of Digital Origin Pericom shall apply only to defects that appear under proper use and under conditions of operation not more onerous than those declared to Digital Origin Pericom by the Client prior to entering into the Contract, and in particular shall not apply to defects which arise from the neglect, misuse or faulty maintenance of the Client or any of its other contractors or from alterations carried out without the prior written consent of Digital Origin Pericom or from repairs carried out improperly by the Client or its servants or agents or arising from normal wear and tear. 5.4.4 Any Equipment (or part) and/or Leased Equipment (or part) which has been returned to Digital Origin Pericom and replaced by Digital Origin Pericom shall become the property of Digital OriginPericom. 5.4.5 Digital Origin Pericom reserves the right to charge on a quantum meruit basis for the costs of repairs and/or call-outs where the damage has resulted from misuse or unauthorised repair or alteration of the Equipment and/or Leased Equipment by the Client, or from normal wear and tear. 5.4.6 Neither acknowledgement of receipt nor investigation by Digital Origin Xxxxxxx of any claim hereunder or consent given hereunder shall consitute or imply admission by Digital Origin Pericom of any liability in respect of such claim. 5.4.7 Save where the Client has purchased Managed Services Support Services in respect of the relevant Equipment and/or Leased Equipment (in which case condition 7 shall apply) the Client acknowledges and agrees that, subject to condition 12.5, the rights and remedies provided to the Client (in connection with any defect in the Equipment and/or Leased Equipment resulting from faulty design, materials or manufacture or installation) under this condition 5.4 shall be the Client’s sole and exclusive remedies in respect of any defect in the Equipment and/or Leased Equipment resulting from faulty design, materials or manufacture or installation.

LIABILITY FOR REPLACEMENT OR REPAIR. 5.4.1 Subject to the following sub-clauses of this condition 5.4 Digital Origin Guru Technology shall, for a period of twelve months from the date of Delivery or Installation (where applicable) whichever is the earlier, at its option and without cost to the Client either arrange repair or replace any defective Equipment and/or Leased Equipment to make good any defect which shall be proved to the satisfaction of Digital Origin Guru Technology to be the result of faulty design, materials or manufacture or Installation (only where Digital Origin Guru Technology supplies Installation Services under the Contract) provided that Digital Origin Guru Technology shall have no liability for any such defects unless the Client notifies Digital OriginGuru Technology, within three Business Days from Delivery or Installation (where applicable) whichever is the earlier, of any defect arising prior to and/or on Delivery or Installation (as the case may be) and (subject to condition 5.4.2) within twenty four hours of any latent defect arising within such twelve (12) month period. 5.4.2 Where the Client enters into an agreement for maintenance of the Equipment and/or Leased Equipment with a third party, Digital Origin’s Guru Technologies liability for repair, replacement, renewal shall be transferred to the relevant third party maintenance provider on Delivery. Where Digital Origin Guru Technology is to supply Managed Services Support Maintenance Services in respect of the relevant Equipment and/or Leased Equipment under the Contract, condition 7 shall apply and in the event of any conflict between this condition 5.4 and condition 7, the provisions in condition 7 shall prevail. 5.4.3 The liability of Digital Origin Guru Technology shall apply only to defects that appear under proper use and under conditions of operation not more onerous than those declared to Digital Origin Guru Technology by the Client prior to entering into the Contract, and in particular shall not apply to defects which arise from the neglect, misuse or faulty maintenance of the Client or any of its other contractors or from alterations carried out without the prior written consent of Digital Origin Guru Technology or from repairs carried out improperly by the Client or its servants or agents or arising from normal wear and tear. 5.4.4 Any Equipment (or part) and/or Leased Equipment (or part) which has been returned to Digital Origin Guru Technology and replaced by Digital Origin Guru Technology shall become the property of Digital OriginGuru Technology. 5.4.5 Digital Origin Guru Technology reserves the right to charge on a quantum meruit merit basis for the costs of repairs and/or call-outs where the damage has resulted from misuse or unauthorised repair or alteration of the Equipment and/or Leased Equipment by the Client, or from normal wear and tear. 5.4.6 Neither acknowledgement of receipt nor investigation by Digital Origin Guru Technology of any claim hereunder or consent given hereunder shall consitute constitute or imply admission by Digital Origin Guru Technology of any liability in respect of such claim. 5.4.7 Save where the Client has purchased Managed Services Support Maintenance Services in respect of the relevant Equipment and/or Leased Equipment (in which case condition 7 shall apply) the Client acknowledges and agrees that, subject to condition 12.5, the rights and remedies provided to the Client (in connection with any defect in the Equipment and/or Leased Equipment resulting from faulty design, materials or manufacture or installation) under this condition 5.4 shall be the Client’s sole and exclusive remedies in respect of any defect in the Equipment and/or Leased Equipment resulting from faulty design, materials or manufacture or installation.

LIABILITY FOR REPLACEMENT OR REPAIR. 5.4.1 Subject to the following sub-clauses of this condition 5.4 Digital Origin Guru Technology shall, for a period of twelve months from the date of Delivery or Installation (where applicable) whichever is the earlier, at its option and without cost to the Client either arrange repair or replace any defective Equipment and/or Leased Equipment to make good any defect which shall be proved to the satisfaction of Digital Origin Guru Technology to be the result of faulty design, materials or manufacture or Installation (only where Digital Origin Guru Technology supplies Installation Services under the Contract) provided that Digital Origin Guru Technology shall have no liability for any such defects unless the Client notifies Digital OriginGuru Technology, within three Business Days from Delivery or Installation (where applicable) whichever is the earlier, of any defect arising prior to and/or on Delivery or Installation (as the case may be) and (subject to condition 5.4.2) within twenty four hours of any latent defect arising within such twelve (12) month period. 5.4.2 Where the Client enters into an agreement for maintenance of the Equipment and/or Leased Equipment with a third party, Digital Origin’s Guru Technologies liability for repair, replacement, renewal shall be transferred to the relevant third party maintenance provider on Delivery. Where Digital Origin Guru Technology is to supply Managed Services Support Maintenance Services in respect of the relevant Equipment and/or Leased Equipment under the Contract, condition 7 shall apply and in the event of any conflict between this condition 5.4 and condition 7, the provisions in condition 7 shall prevail. 5.4.3 The liability of Digital Origin Guru Technology shall apply only to defects that appear under proper use and under conditions of operation not more onerous than those declared to Digital Origin Guru Technology by the Client prior to entering into the Contract, and in particular shall not apply to defects which arise from the neglect, misuse or faulty maintenance of the Client or any of its other contractors or from alterations carried out without the prior written consent of Digital Origin Guru Technology or from repairs carried out improperly by the Client or its servants or agents or arising from normal wear and tear. 5.4.4 Any Equipment (or part) and/or Leased Equipment (or part) which has been returned to Digital Origin Guru Technology and replaced by Digital Origin Guru Technology shall become the property of Digital OriginGuru Technology. 5.4.5 Digital Origin Guru Technology reserves the right to charge on a quantum meruit merit basis for the costs of repairs and/or call-outs where the damage has resulted from misuse or unauthorised repair or alteration of the Equipment and/or Leased Equipment by the Client, or from normal wear and tear. 5.4.6 Neither acknowledgement of receipt nor investigation by Digital Origin Guru Technology of any claim hereunder or consent given hereunder shall consitute constitute or imply admission by Digital Origin Guru Technology of any liability in respect of such claim. 5.4.7 Save where the Client has purchased Managed Services Support Maintenance Services in respect of the relevant Equipment and/or Leased Equipment (in which case condition 7 shall apply) the Client acknowledges and agrees that, subject to condition 12.5, the rights and remedies provided to the Client (in connection with any defect in the Equipment and/or Leased Equipment resulting from faulty design, materials or manufacture or installation) under this condition 5.4 shall be the Client’s 's sole and exclusive remedies in respect of any defect in the Equipment and/or Leased Equipment resulting from faulty design, materials or manufacture or installation.

LIABILITY FOR REPLACEMENT OR REPAIR. 5.4.1 Subject to the following sub-clauses of this condition 5.4 Digital Origin Pericom shall, for a period of twelve months from the date of Delivery or Installation (where applicable) whichever is the earlier, at its option and without cost to the Client either arrange repair or replace any defective Equipment and/or Leased Equipment to make good any defect which shall be proved to the satisfaction of Digital Origin Pericom to be the result of faulty design, materials or manufacture or Installation (only where Digital Origin Pericom supplies Installation Services under the Contract) provided that Digital Origin Pericom shall have no liability for any such defects unless the Client notifies Digital OriginPericom, within three Business Days from Delivery or Installation (where applicable) whichever is the earlier, of any defect arising prior to and/or on Delivery or Installation (as the case may be) and (subject to condition 5.4.2) within twenty four hours of any latent defect arising within such twelve (12) month period. 5.4.2 Where the Client enters into an agreement for maintenance of the Equipment and/or Leased Equipment with a third party, Digital OriginPericom’s liability for repair, replacement, renewal shall be transferred to the relevant third party maintenance provider on Delivery. Where Digital Origin Pericom is to supply Managed Services Support Services in respect of the relevant Equipment and/or Leased Equipment under the Contract, condition 7 shall apply and in the event of any conflict between this condition 5.4 and condition 7, the provisions in condition 7 shall prevail. 5.4.3 The liability of Digital Origin Pericom shall apply only to defects that appear under proper use and under conditions of operation not more onerous than those declared to Digital Origin Pericom by the Client prior to entering into the Contract, and in particular shall not apply to defects which arise from the neglect, misuse or faulty maintenance of the Client or any of its other contractors or from alterations carried out without the prior written consent of Digital Origin Pericom or from repairs carried out improperly by the Client or its servants or agents or arising from normal wear and tear. 5.4.4 Any Equipment (or part) and/or Leased Equipment (or part) which has been returned to Digital Origin Pericom and replaced by Digital Origin Pericom shall become the property of Digital OriginPericom. 5.4.5 Digital Origin Pericom reserves the right to charge on a quantum meruit basis for the costs of repairs and/or call-outs where the damage has resulted from misuse or unauthorised repair or alteration of the Equipment and/or Leased Equipment by the Client, or from normal wear and tear. 5.4.6 Neither acknowledgement of receipt nor investigation by Digital Origin Pericom of any claim hereunder or consent given hereunder shall consitute or imply admission by Digital Origin Pericom of any liability in respect of such claim. 5.4.7 Save where the Client has purchased Managed Services Support Services in respect of the relevant Equipment and/or Leased Equipment (in which case condition 7 shall apply) the Client acknowledges and agrees that, subject to condition 12.5, the rights and remedies provided to the Client (in connection with any defect in the Equipment and/or Leased Equipment resulting from faulty design, materials or manufacture or installation) under this condition 5.4 shall be the Client’s sole and exclusive remedies in respect of any defect in the Equipment and/or Leased Equipment resulting from faulty design, materials or manufacture or installation.

LIABILITY FOR REPLACEMENT OR REPAIR. 5.4.1 4.4.1 Subject to the following sub-clauses of this condition 5.4 Digital Origin 4.4, Comstar Services Ltd shall, for a period of twelve months from the date of Delivery or Installation (where applicable) whichever is the earlierlater event, at its option and without cost to the Client Customer either arrange repair or replace any defective Equipment and/or Leased Equipment to make good any defect which shall be proved to the satisfaction of Digital Origin Comstar Services Ltd to be the result of faulty design, materials or manufacture or Installation (only where Digital Origin Comstar Services Ltd supplies Installation Services under the Contract) provided that Digital Origin Comstar Services Ltd shall have no liability for any such defects unless the Client Customer notifies Digital OriginComstar Services Ltd , within three Business Days from Delivery or Installation (where applicable) whichever is the earlierlater event, of any defect arising prior to and/or on Delivery or Installation (as the case may be) and (subject to condition 5.4.24.4.2) within twenty four hours of any latent defect arising within such twelve (12) month periodmonthperiod. 5.4.2 4.4.2 Where the Client Customer enters into an agreement for maintenance of the Equipment and/or Leased Equipment with a third party, Digital OriginComstar Services Ltd ’s liability for repair, replacement, renewal shall be transferred to the relevant third third-party maintenance provider on Delivery. , subject only to Comstar Services Ltd ’s liability in respect of defects arising on or before Delivery of the Equipment provided that the Customer notifies Comstar Services Ltd within three Business Days of Delivery in accordance with condition 4.4.1. 4.4.3 Where Digital Origin Comstar Services Ltd is to supply Managed Services Support Maintenance Services in respect of the relevant Equipment and/or Leased Equipment under the Contract, condition 7 6 shall apply and in the event of any conflict between this condition 5.4 4.4 and condition 76, the provisions in condition 7 6 shall prevail. 5.4.3 4.4.4 The liability of Digital Origin Comstar Services Ltd shall apply only to defects that appear under proper use and under conditions of operation not more onerous than those declared to Digital Origin Comstar Services Ltd by the Client Customer prior to entering into the Contract, and in particular shall not apply to defects which arise from the Customer’s neglect, misuse or misuse, faulty maintenance of the Client or any of its other contractors or from alterations carried out without the prior written consent of Digital Origin Comstar Services Ltd or from repairs carried out improperly by the Client Customer or its servants or agents or arising from normal wear and tearandtear. 5.4.4 4.4.5 Any repaired or new parts will be delivered by Comstar Services Ltd to the Customer free of charge. Any Equipment (or part) and/or Leased Equipment (or part) which has been returned to Digital Origin Comstar Services Ltd and replaced by Digital Origin Comstar Services Ltd shall become the property of Digital Origin.Comstar Services Ltd. 5.4.5 Digital Origin 4.4.6 Comstar Services Ltd reserves the right to charge on a quantum meruit merit basis for the costs of repairs and/or call-outs callouts where the damage has resulted from misuse or unauthorised unauthorized repair or alteration of the Equipment and/or Leased Equipment by the Client, or from normal wear and tearCustomer. 5.4.6 4.4.7 Neither acknowledgement of receipt nor investigation by Digital Origin Comstar Services Ltd of any claim hereunder or consent given hereunder shall consitute constitute or imply admission by Digital Origin Comstar Services Ltd of any liability in respect of such claim. 5.4.7 Save where the Client has purchased Managed Services Support Services in respect of the relevant Equipment and/or Leased Equipment (in which case condition 7 shall apply) the Client acknowledges and agrees that, subject to condition 12.5, the rights and remedies provided to the Client (in connection with any defect in the Equipment and/or Leased Equipment resulting from faulty design, materials or manufacture or installation) under this condition 5.4 shall be the Client’s sole and exclusive remedies in respect of any defect in the Equipment and/or Leased Equipment resulting from faulty design, materials or manufacture or installation.