Common use of Subscription Warranty Clause in Contracts

Subscription Warranty. Dell warrants that the Subscription will be provided in material conformance with the Service Specification. If the Subscription does not comply with this warranty, Dell’s entire liability and Partner’s (and End Customer’s) sole and exclusive remedies are as follows: (a) Dell will make reasonable efforts to correct the non-conformance as provided in any applicable Service Level Agreement or Service Level Objective included in the Service Specification, or if none is provided, within a reasonable period of time; and (b) if Dell is unable to correct the non-conformance for reasons for which Dell is responsible, then Dell may terminate the Subscription and refund any pre-paid fees for the Subscription that will not be provided as a result of the termination. Partner must promptly notify Dell in writing of any non-conformance claims covered by this warranty.