Common use of Scope of Performance Clause in Contracts

Scope of Performance. 4.1.1 T-Systems will perform the preventive services required to maintain the operational readiness of the hardware to be maintained (maintenance) and will carry out repairs or provide a replacement during the elimination of problems (repair), hereinafter referred to as "Maintenance Services". 4.1.2 T-Systems may replace defective parts and/or defective systems and incorporate technical modifications for the purpose of carrying out the Maintenance Services. Any consumable parts, wearing parts or spare parts used shall be either new or equivalent to new parts in terms of usability. Technical modifications shall be subject to the customer's prior consent. Any parts replaced shall become the property of T-Systems. T-Systems may take the system or parts thereof to a T-Systems branch for the purpose of eliminating defects and provide an equivalent loaner unit free of charge. If any such loaner units or replacement devices are used, T-Systems' services shall include reinstalling the backed-up user data (if available). T-Systems shall without undue delay delete any data stored on parts or systems that have been replaced or taken back. If this is impossible, T-Systems shall render these parts completely unusable. The services shall also include disposal of replaced spare parts. 4.1.3 These Maintenance Services shall not include services in connection with the replacement of consumable parts and wearing parts. If such services are rendered by T-Systems at the customer's request, T-Systems will xxxx the customer for these services separately based on the prices applicable in this respect. 4.1.4 These repair services shall not cover hardware problems caused by improper use of the hardware (failure to comply with the relevant user manual, for example), modifications to the hardware by the customer or third parties enlisted by the customer or other circumstances for which the customer is responsible. 4.1.5 Maintenance is carried out subject to the condition that the provider itself is supplied by its upstream suppliers on time and as contractually agreed. 4.1.6 T-Systems shall be entitled to provide the services by subcontracting work to third parties (subcontractors). T-Systems shall be liable for services provided by subcontractors to the same extent that it is liable for its own actions.

Scope of Performance. 4.1.1 T-Systems will perform the preventive services required to maintain the operational readiness of the hardware to be maintained (maintenance) and will carry out repairs or provide a replacement during the elimination of problems (repair), hereinafter referred to as "Maintenance Services". 4.1.2 T-Systems may replace defective parts and/or defective systems and incorporate technical modifications for the purpose of carrying out the Maintenance Services. Any consumable parts, wearing parts or spare parts used shall be either new or equivalent to new parts in terms of usability. Technical modifications shall be subject to the customer's prior consent. Any parts replaced shall become the property of T-Systems. T-Systems may take the system or parts thereof to a T-Systems branch for the purpose of eliminating defects and provide an equivalent loaner unit free of charge. If any such loaner units or replacement devices are used, T-Systems' services shall include reinstalling the backed-up user data (if available). T-Systems shall without undue delay delete any data stored on parts or systems that have been replaced or taken back. If this is impossible, T-Systems shall render these parts completely unusable. The services shall also include disposal of replaced spare parts. 4.1.3 These Maintenance Services shall not include services in connection with the replacement of consumable parts and wearing parts. If such services are rendered by T-Systems at the customer's request, T-Systems will xxxx bill the customer for these services separately based on the prices applicable in this respect. 4.1.4 These repair services shall not cover hardware problems caused by improper use of the hardware (failure to comply with the relevant user manual, for example), modifications to the hardware by the customer or third parties enlisted by the customer or other circumstances for which the customer is responsible. 4.1.5 Maintenance is carried out subject to the condition that the provider itself is supplied by its upstream suppliers on time and as contractually agreed. 4.1.6 T-Systems shall be entitled to provide the services by subcontracting work to third parties (subcontractors). T-Systems shall be liable for services provided by subcontractors to the same extent that it is liable for its own actions.

Scope of Performance. 4.1.1 T-Systems will perform the preventive services required to maintain main- tain the operational readiness of the hardware to be maintained (maintenance) and will carry out repairs or provide a replacement during the elimination of problems (repair), hereinafter referred to as "Maintenance Services". 4.1.2 T-Systems may replace defective parts and/or defective systems and incorporate technical modifications for the purpose of carrying carry- ing out the Maintenance Services. Any consumable parts, wearing parts or spare parts used shall be either new or equivalent to new parts in terms of usability. Technical modifications shall be subject to the customer's prior consent. Any parts replaced shall become the property of T-Systems. T-Systems may take the system or parts thereof to a T-Systems branch for the purpose of eliminating defects de- fects and provide an equivalent loaner unit free of charge. If any such loaner units or replacement devices are used, T-Systems' services shall include reinstalling the backed-up user data (if availableavail- able). T-Systems shall without undue delay delete any data stored on parts or systems that have been replaced or taken back. If this is impossible, T-Systems shall render these parts completely unusableun- usable. The services shall also include disposal of replaced spare parts. 4.1.3 These Maintenance Services shall not include services in connection connec- tion with the replacement of consumable parts and wearing parts. If such services are rendered by T-Systems at the customer's requestre- quest, T-Systems will xxxx the customer for these services separately separate- ly based on the prices applicable in this respect. 4.1.4 These repair services shall not cover hardware problems caused by improper use of the hardware (failure to comply with the relevant rele- vant user manual, for example), modifications to the hardware by the customer or third parties enlisted by the customer or other circumstances cir- cumstances for which the customer is responsible. 4.1.5 Maintenance is carried out subject to the condition that the provider pro- vider itself is supplied by its upstream suppliers on time and as contractually agreed. 4.1.6 T-Systems shall be entitled to provide the services by subcontracting subcontract- ing work to third parties (subcontractors). T-Systems shall be liable for services provided by subcontractors to the same extent that it is liable for its own actions.

Scope of Performance. 4.1.1 T-Systems will perform the preventive services required to maintain the operational readiness of the hardware to be maintained (maintenance) and will carry out repairs or provide a replacement during the elimination of problems (repair), hereinafter referred to as "Maintenance Services". 4.1.2 T-Systems may replace defective parts and/or defective systems and incorporate technical modifications for the purpose of carrying out the Maintenance Services. Any consumable parts, wearing parts or spare parts used shall be either new or equivalent to new parts in terms of usability. Technical modifications shall be subject to the customer's prior consent. Any parts replaced shall become the property of T-Systems. T-Systems may take the system or parts thereof to a T-Systems branch for the purpose of eliminating defects and provide an equivalent loaner unit free of charge. If any such loaner units or replacement devices are used, T-Systems' services shall include reinstalling the backed-up user data (if available). T-Systems shall without undue delay delete any data stored on parts or systems that have been replaced or taken back. If this is impossible, T-Systems shall render these parts completely unusable. The services shall also include disposal of replaced spare parts. 4.1.3 These Maintenance Services shall not include services in connection with the replacement of consumable parts and wearing parts. If such services are rendered by T-Systems at the customer's request, T-Systems will xxxx the customer for these services separately based on the prices applicable in this respect. 4.1.4 These repair services shall not cover hardware problems caused by improper use of the hardware (failure to comply with the relevant user manual, for example), modifications to the hardware by the customer or third parties enlisted by the customer or other circumstances for which the customer is responsible. 4.1.5 Maintenance is carried out subject to the condition that the provider itself is supplied by its upstream suppliers on time and as contractually agreed. 4.1.6 T-Systems shall be entitled to provide the services by subcontracting subcon- tracting work to third parties (subcontractors). T-Systems shall be liable for services provided by subcontractors to the same extent that it is liable for its own actions.