Common use of Service Commitment Clause in Contracts

Service Commitment. Company may provide Service Commitment in connection with the CPE in accordance with Applicable Law. Company specifically disclaims any statements made indicating that the CPE shall be without any fault or damage including faults or damages resulting from exposure to adverse environmental conditions including excessive moisture and excessive temperatures, damage to the CPE because of Force Majeure. Subscriber must always maintain and keep the CPE in good and useable condition (normal wear and tear excepted) until returned to or collected by the Company. Only the Company is authorised to repair the CPE. The Subscriber must keep the CPE safely and must not remove any marking that identifies the CPE as belonging to the Company. Subscriber must not allow anyone else to otherwise tamper with or use the CPE in any manner not specifically authorise by the Company. Service Commitment applies only to CPE components that are not subject to accident, misuse, neglect, fire or other external causes, alterations, repair, or commercial use. Any modifications, changes or unauthorized use of the CPE shall render the service commitment void. Subscriber will bear the cost for individual CPE component damages in cases like water damage, physical damage, unit lost etc. The Service Commitment will not cover the following: (a) Software which is embedded in the CPE. The Company makes no other representation, either express or implied, regarding the Software. All warranties or representations, including implied warranties of merchantability and fitness for a particular purpose, title and non- infringement, are disclaimed by the Company (b) damage to the CPE Hardware due to exposure to adverse environmental conditions including excessive moisture and excessive temperatures, (c) accidental or deliberate damage or alternation to, or misuse or neglect of the CPE Hardware by the Subscriber or anyone, (d) any defect in the CPE Hardware due to any unauthorized or improper use, replacement, removal, modification, alteration, tampering, negligence or failure to follow the instructions of the Company or the manufacturer or as set out in the Tata Sky Subscription Contract or as set out in any user guides authorized by the Company and other materials authorized by the Company which is provided to the Subscriber from time to time; (e) damage to the CPE Hardware on account of Force Majeure; (f) CPE on which the serial number or other applied and identifying labels have been removed, defaced or altered or cosmetic damage or changes have been done to the CPE; (g) Installation of the CPE by any other person other than the Installer or use of Incidental Accessories which are not compactable with the CPE or parts provided or services rendered by any third party in connection with the CPE during or after the Installation of the CPE; (h) damage or faults arising due to defects or faults at the location of the property at the Installation Address; (i) damage arising to the Subscriber property at the Installation Address which is caused by Force Majeure or an act of omission, commission or negligence by the Subscriber or any other third party persons or third party service provider; or (j) In the event, the CPE is moved from the Installation Address without informing the Company or by an unauthorized person (k) Cosmetic failures (bezels, top covers, mechanical damage to the CPE (l) Liquid damage in the CPE including contamination or corrosion

Service Commitment. Company may provide Service Commitment in connection with the CPE in accordance with Applicable Law. Company specifically disclaims any statements made indicating that the CPE shall be without any fault or damage including faults or damages resulting from exposure to adverse environmental conditions including excessive moisture and excessive temperatures, damage to the CPE because of Force Majeure. Subscriber must always maintain and keep the CPE in good and useable condition (normal wear and tear excepted) until returned to or collected by the Company. Only the Company is authorised to repair the CPE. The Subscriber must keep the CPE safely and must not remove any marking that identifies the CPE as belonging to the Company. Subscriber must not allow anyone else to otherwise tamper with or use the CPE in any manner not specifically authorise by the Company. Service Commitment applies only to CPE components that are not subject to accident, misuse, neglect, fire or other external causes, alterations, repair, or commercial use. Any modifications, changes or unauthorized use of the CPE shall render the service commitment void. Subscriber will bear the cost for individual CPE component damages in cases like water damage, physical damage, unit lost etc. The Service Commitment will not cover the following: (a) Software which is embedded in the CPE. The Company makes no other representation, either express or implied, regarding the Software. All warranties or representations, including implied warranties of merchantability and fitness for a particular purpose, title and non- infringement, are disclaimed by the Company (b) damage to the CPE Hardware due to exposure to adverse environmental conditions including excessive moisture and excessive temperatures, (c) accidental or deliberate damage or alternation to, or misuse or neglect of the CPE Hardware by the Subscriber or anyone, (d) any defect in the CPE Hardware due to any unauthorized or improper use, replacement, removal, modification, alteration, tampering, negligence or failure to follow the instructions of the Company or the manufacturer or as set out in the Tata Sky Play Subscription Contract or as set out in any user guides authorized by the Company and other materials authorized by the Company which is provided to the Subscriber from time to time; (e) damage to the CPE Hardware on account of Force Majeure; (f) CPE on which the serial number or other applied and identifying labels have been removed, defaced or altered or cosmetic damage or changes have been done to the CPE; (g) Installation of the CPE by any other person other than the Installer or use of Incidental Accessories which are not compactable with the CPE or parts provided or services rendered by any third party in connection with the CPE during or after the Installation of the CPE; (h) damage or faults arising due to defects or faults at the location of the property at the Installation Address; (i) damage arising to the Subscriber property at the Installation Address which is caused by Force Majeure or an act of omission, commission or negligence by the Subscriber or any other third party persons or third party service provider; or (j) In the event, the CPE is moved from the Installation Address without informing the Company or by an unauthorized person (k) Cosmetic failures (bezels, top covers, mechanical damage to the CPE (l) Liquid damage in the CPE including contamination or corrosion