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Common use of Notwithstanding Clause 3 Clause in Contracts

Notwithstanding Clause 3. 1, Qubit: (a) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities (including the internet) which are not within Qubit’s reasonable control and the Customer acknowledges that the Products may be subject to limitations, delays and other problems inherent in the use of such communications facilities; (b) does not accept responsibility for any use of the Products contrary to Qubit's instructions, or modification or alteration of the Products by any party other than Qubit or Qubit's authorised contractors or agents; and/or (c) does not warrant that the Customer's use of the Products will be uninterrupted or error-free; nor that the Products and/or the information obtained by the Customer through the Products will meet the Customer's requirements. No implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).

Appears in 2 contracts

Samples: Master Service Agreement, Master Service Agreement

Notwithstanding Clause 3. 1, Qubit: (a) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities (including the internet) which are not within Qubit’s reasonable control and the Customer acknowledges that the Products Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities; (b) does not accept responsibility for any use of the Products Services contrary to QubitXxxxx's instructions, or modification or alteration of the Products Services by any party other than Qubit or Qubit's authorised contractors or agents; and/or (c) does not warrant that the Customer's use of the Products Services will be uninterrupted or error-free; nor that the Products Services and/or the information obtained by the Customer through the Products Services will meet the Customer's requirements. No implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).

Appears in 2 contracts

Samples: Master Services Agreement, Master Services Agreement

Notwithstanding Clause 3. 1, Qubit: (a) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities (including the internet) which are not within Qubit’s reasonable control and the Customer acknowledges that the Products Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities; (b) does not accept responsibility for any use of the Products Services contrary to Qubit's instructions, or modification or alteration of the Products Services by any party other than Qubit or Qubit's authorised contractors or agents; and/or (c) does not warrant that the Customer's use of the Products Services will be uninterrupted or error-free; nor that the Products Services and/or the information obtained by the Customer through the Products Services will meet the Customer's requirements. No implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).

Appears in 2 contracts

Samples: Sales Contracts, Master Services Agreement