PERFORMANCE AND DELIVERY. 4.1. Unless otherwise agreed in writing between the parties, all times specified in a Quote or Contract for Services for performance of the Services and delivery of the Works are given in good faith but are not guaranteed by MIKROS. 4.2. Notwithstanding that MIKROS and the Client may have agreed that time is of the essence in respect of specified Services or Works, the time for performance of the Services or delivery of the Works shall in every case be dependent upon prompt receipt of all necessary information, materials (including Client Materials), final instructions and/or approvals from the Client. The Client acknowledges and agrees that any changes to its requirements and/or the occurrence of any of the circumstances in clause 3.2 or this clause 4.2 may result in delay in performance or delivery, for which MIKROS shall not be liable. 4.3. Where the Works are to be delivered electronically, the Client acknowledges and agrees that: 4.3.1. electronic delivery is not a completely secure medium of communication and that an unauthorised third party may intercept, tamper with or delete the Works to be delivered electronically; and 4.3.2. electronic delivery may involve reliance upon third party providers and data carriers, over which MIKROS has no control. 4.4. MIKROS shall not be responsible for and shall have no liability to the Client or any third party for: 4.4.1. any delay in delivery or any non-receipt of any Works delivered electronically; 4.4.2. any loss or damage (including loss of data) that results from any person gaining unauthorised access to any Works delivered electronically; 4.4.3. use or disclosure of any data obtained by any third party as a result of that third party gaining unauthorised access to any Works delivered electronically; and 4.4.4. any loss or damage resulting from any malfunction of or the introduction of any viruses, worms, logic bombs, time locks, time bombs, trojan horses and/or bugs to any equipment and/or software used to effect and/or receive any Works delivered electronically.
Appears in 4 contracts
Samples: Terms and Conditions, Terms & Conditions of Business, Terms & Conditions of Business
PERFORMANCE AND DELIVERY. 4.1. Unless otherwise agreed in writing between the parties, all times specified in a Quote or Contract for Services for performance of the Services and delivery of the Works are given in good faith but are not guaranteed by MIKROS.
4.2. Notwithstanding that MIKROS and the Client may have agreed that time is of the essence in respect of specified Services or Works, the time for performance of the Services or delivery of the Works shall in every case be dependent upon prompt receipt of all necessary information, materials (including Client Materials), final instructions and/or approvals from the Client. The Client acknowledges and agrees that any changes to its requirements and/or the occurrence of any of the circumstances in clause 3.2 or this clause 4.2 may result in delay in performance or delivery, for which MIKROS shall not be liable.
4.3. Where the Works are to be delivered electronically, the Client acknowledges and agrees that:
4.3.1. electronic delivery is not a completely secure medium of communication and that an unauthorised third party may intercept, tamper with or delete the Works to be delivered electronically; and
4.3.2. electronic delivery may involve reliance upon third party providers and data carriers, over which MIKROS has no control.
4.4. MIKROS shall not be responsible for and shall have no liability to the Client or any third party for:
4.4.1. any delay in delivery or any non-receipt of any Works delivered electronically;.
4.4.2. any loss or damage (including loss of data) that results from any person gaining unauthorised access to any Works delivered electronically;.
4.4.3. use or disclosure of any data obtained by any third party as a result of that third party gaining unauthorised access to any Works delivered electronically; and
4.4.4. any loss or damage resulting from any malfunction of or the introduction of any viruses, worms, logic bombs, time locks, time bombs, trojan horses and/or bugs to any equipment and/or software used to effect and/or receive any Works delivered electronically.
Appears in 2 contracts
Samples: Terms & Conditions of Business, Terms & Conditions of Business
PERFORMANCE AND DELIVERY. 4.1. Unless otherwise agreed in writing between the parties, all times specified in a Quote or Contract for Services for performance of the Services and delivery of the Works are given in good faith but are not guaranteed by MIKROSXXXXX & XXXXX.
4.2. Notwithstanding that MIKROS XXXXX & XXXXX and the Client may have agreed that time is of the essence in respect of specified Services or Works, the time for performance of the Services or delivery of the Works shall in every case be dependent upon prompt receipt of all necessary information, materials (including Client Materials), final instructions and/or approvals from the Client. The Client acknowledges and agrees that any changes to its requirements and/or the occurrence of any of the circumstances in clause 3.2 or this clause 4.2 may result in delay in performance or delivery, for which MIKROS XXXXX & XXXXX shall not be liable.
4.3. Where the Works are to be delivered electronically, the Client acknowledges and agrees that:
4.3.1. electronic delivery is not a completely secure medium of communication and that an unauthorised third party may intercept, tamper with or delete the Works to be delivered electronically; and
4.3.2. electronic delivery may involve reliance upon third party providers and data carriers, over which MIKROS XXXXX & XXXXX has no control.
4.4. MIKROS XXXXX & XXXXX shall not be responsible for and shall have no liability to the Client or any third party for:
4.4.1. any delay in delivery or any non-receipt of any Works delivered electronically;
4.4.2. any loss or damage (including loss of data) that results from any person gaining unauthorised unauthorized access to any Works delivered electronically;
4.4.3. use or disclosure of any data obtained by any third party as a result of that third party gaining unauthorised unauthorized access to any Works delivered electronically; and
4.4.4. any loss or damage resulting from any malfunction of or the introduction of any viruses, worms, logic bombs, time locks, time bombs, trojan horses and/or bugs to any equipment and/or software used to effect and/or receive any Works delivered electronically.
Appears in 1 contract
Samples: Terms and Conditions
PERFORMANCE AND DELIVERY. 4.1. 6.1 Unless otherwise agreed in writing between the parties, all times specified in a Quote or Contract for Services for performance of the Services and delivery of the Works are given in good faith but are not guaranteed by MIKROSAlt.vfx.
4.2. 6.2 Notwithstanding that MIKROS Alt.vfx and the Client may have agreed that time is of the essence in respect of specified Services or Works, the time for performance of the Services or delivery of the Works shall in every case be dependent upon prompt receipt of all necessary information, materials (including Client Materials), final instructions and/or approvals from the Client. The Client acknowledges and agrees that any changes to its requirements and/or the occurrence of any of the circumstances in clause 3.2 or this clause 4.2 may result in delay in performance or delivery, for which MIKROS Alt.vfx shall not be liable.
4.3. 6.3 Where the Works are to be delivered electronically, the Client acknowledges and agrees that:
4.3.1. (a) electronic delivery is not a completely secure medium of communication and that an unauthorised unauthorized third party may intercept, tamper with or delete the Works to be delivered electronically; and
4.3.2. (b) electronic delivery may involve reliance upon third party providers and data carriers, over which MIKROS Alt.vfx has no control.
4.4. MIKROS 6.4 Alt.vfx shall not be responsible for and shall have no liability to the Client or any third party for:
4.4.1. (a) any delay in delivery or any non-receipt of any Works delivered electronically;
4.4.2. (b) any loss or damage (including loss of data) that results from any person gaining unauthorised unauthorized access to any Works delivered electronically;
4.4.3. (c) use or disclosure of any data obtained by any third party as a result of that third party gaining unauthorised unauthorized access to any Works delivered electronically; andor
4.4.4. (d) any loss or damage resulting from any malfunction of or the introduction of any viruses, worms, logic bombs, time locks, time bombs, trojan horses and/or bugs to any equipment and/or software used to effect and/or receive any Works delivered electronically.
Appears in 1 contract
Samples: Terms and Conditions
PERFORMANCE AND DELIVERY. 4.1. Unless otherwise agreed in writing between the parties, all times specified in a Quote or Contract for Services for performance of the Services and delivery of the Works are given in good faith but are not guaranteed by MIKROS/TECHNICOLOR.
4.2. Notwithstanding that MIKROS MIKROS/TECHNICOLOR and the Client may have agreed that time is of the essence in respect of specified Services or Works, the time for performance of the Services or delivery of the Works shall in every case be dependent upon prompt receipt of all necessary information, materials (including Client Materials), final instructions and/or approvals from the Client. The Client acknowledges and agrees that any changes to its requirements and/or the occurrence of any of the circumstances in clause 3.2 or this clause 4.2 may result in delay in performance or delivery, for which MIKROS MIKROS/TECHNICOLOR shall not be liable.
4.3. Where the Works are to be delivered electronically, the Client acknowledges and agrees that:
4.3.1. electronic delivery is not a completely secure medium of communication and that an unauthorised third party may intercept, tamper with or delete the Works to be delivered electronically; and
4.3.2. electronic delivery may involve reliance upon third party providers and data carriers, over which MIKROS MIKROS/TECHNICOLOR has no control.
4.4. MIKROS MIKROS/TECHNICOLOR shall not be responsible for and shall have no liability to the Client or any third party for:
4.4.1. any delay in delivery or any non-receipt of any Works delivered electronically;
4.4.2. any loss or damage (including loss of data) that results from any person gaining unauthorised access to any Works delivered electronically;
4.4.3. use or disclosure of any data obtained by any third party as a result of that third party gaining unauthorised access to any Works delivered electronically; and
4.4.4. any loss or damage resulting from any malfunction of or the introduction of any viruses, worms, logic bombs, time locks, time bombs, trojan horses and/or bugs to any equipment and/or software used to effect and/or receive any Works delivered electronically.
Appears in 1 contract
Samples: Terms and Conditions
PERFORMANCE AND DELIVERY. 4.1. Unless otherwise agreed in writing between the parties, all times specified in a Quote or Contract for Services for performance of the Services and delivery of the Works are given in good faith but are not guaranteed by MIKROSXxxxx.
4.2. Notwithstanding that MIKROS Sondr and the Client may have agreed that time is of the essence in respect of specified Services or Works, the time for performance of the Services or delivery of the Works shall in every case be dependent upon prompt receipt of all necessary information, materials (including Client Materials), final instructions and/or approvals from the Client. The Client acknowledges and agrees that any changes to its requirements and/or the occurrence of any of the circumstances in clause 3.2 or this clause 4.2 may result in delay in performance or delivery, for which MIKROS Sondr shall not be liable.
4.3. Where the Works are to be delivered electronically, the Client acknowledges and agrees that:
4.3.1. electronic delivery is not a completely secure medium of communication and that an unauthorised third party may intercept, tamper with or delete the Works to be delivered electronically; and
4.3.2. electronic delivery may involve reliance upon third party providers and data carriers, over which MIKROS Xxxxx has no control.
4.4. MIKROS Sondr shall not be responsible for and shall have no liability to the Client or any third party for:
4.4.1. any delay in delivery or any non-receipt of any Works delivered electronically;
4.4.2. any loss or damage (including loss of data) that results from any person gaining unauthorised unauthor- ised access to any Works delivered electronically;
4.4.3. use or disclosure of any data obtained by any third party as a result of that third party gaining unauthorised access to any Works delivered electronically; and
4.4.4. any loss or damage resulting from any malfunction of or the introduction of any viruses, worms, logic bombs, time locks, time bombs, trojan horses and/or bugs to any equipment and/or software used to effect and/or receive any Works delivered electronically.
Appears in 1 contract
Samples: Terms and Conditions of Business
