SIEMENS' OBLIGATIONS Clause Samples
The "SIEMENS' OBLIGATIONS" clause defines the specific duties and responsibilities that Siemens must fulfill under the agreement. This may include delivering products or services, meeting certain quality standards, adhering to timelines, and complying with applicable laws or regulations. For example, Siemens might be required to provide technical support, ensure the functionality of delivered equipment, or maintain confidentiality regarding proprietary information. The core practical function of this clause is to clearly outline what is expected from Siemens, thereby ensuring accountability and reducing the risk of misunderstandings or disputes between the parties.
SIEMENS' OBLIGATIONS. 5.1 Siemens shall exercise reasonable skill care and diligence in the discharge of the Services to be performed by it.
5.2 In the event that there are any defects in the provision of the Services, Siemens will, at its expense, use reasonable commercial endeavours to correct any such non- conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for defects set out in clause 5.1. Notwithstanding the foregoing, Siemens:
(a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free;
(b) does not warrant that the Services and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
(c) 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, and the Customer acknowledges that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities. Clause 5.2 shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to Siemens' instructions, or modification or alteration of the Services by any party other than by Siemens or Siemens’ duly authorised contractors or agents.
5.3 This agreement is not exclusive and shall not prevent Siemens from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
5.4 Siemens warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
5.5 Siemens shall provide the Services in accordance with the Stratos Service Level Agreement document available as a pdf at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/Footer/Legal or such other website address as may be notified to the Customer from time to time.
SIEMENS' OBLIGATIONS. 5.1 TEST EQUIPMENT AVAILABILITY Unless otherwise expressly agreed, SIEMENS shall ensure that it has test equipment available for testing the Products at each of its Second Line Support locations which is equivalent to that used by Company to test the Products. In addition, SIEMENS's Second Line Support personnel shall have access to such laboratory equipment as necessary to provide their Customers with assistance, and to be able to reproduce problems with the Products
SIEMENS' OBLIGATIONS