Common use of SERVICE DELIVERY, SERVICE AVAILABILITY AND WARRANTIES Clause in Contracts

SERVICE DELIVERY, SERVICE AVAILABILITY AND WARRANTIES. 6.1. We will use reasonable endeavours to make the Services available to you and to maintain the availability thereof. However, we provide the Services “as is” and “as available” and do not warrant or guarantee that the Services will at all times be free of errors or interruptions, be always available, fit for any purpose, not infringe any third party rights, be secure and reliable, or will conform to your delivery timeline requirements, subject always to the provisions of the CPA, where applicable. 6.2. There may be instances where an Asset cannot be recovered due to, amongst others, a non-communicating Unit. You agree that we will not be liable if the Asset is not recovered. 6.3. You acknowledge that the Unit might not be communicating at all times and that the Services might as a result not be available for certain undeterminable periods of time within certain undeterminable locations. This is beyond our control and we will not be liable for any loss or damage arising as a result thereof, subject at all times to the provisions of the CPA.

SERVICE DELIVERY, SERVICE AVAILABILITY AND WARRANTIES. 6.1. We will use reasonable endeavours to make the Services available to you and to maintain the availability thereof. However, we provide the Services “as is” and “as available” and do not warrant or guarantee that the Services will at all times be free of errors or interruptions, be always available, fit for any purpose, not infringe any third party rights, be secure and reliable, or will conform to your delivery timeline requirements, subject always to the provisions of the CPA, where applicable. 6.2. There may be instances where an Asset cannot be recovered due to, amongst others, a non-communicating Unit. You agree that we will not be liable if the Asset is not recovered. 6.3. The Unit’s functioning, and as a result, the Services, are dependent on the Network Provider and its availability. You acknowledge that the Unit might not be communicating at all times and that the Services might as a result not be available for certain undeterminable periods of time within certain undeterminable locations. This is beyond our control and we will not be liable for any loss or damage arising as a result thereof, subject at all times to the provisions of the CPA.