THE SUPPLIER'S WARRANTIES. 12.1 If the Customer notifies the Supplier in writing of any defect or fault in the Software and such defect or fault does not result from the Customer, or anyone acting with the authority of the Customer, having amended the Software or used it outside the terms of the Licence for a purpose or in a context other than the purpose or context for which it was designed or in combination with any other software not provided by the Supplier, or it has not been loaded onto Supplier-specified or suitably configured equipment, the Supplier shall, at the Supplier's option, do either of the following:
12.1.1 repair the Software; or
12.1.2 replace the Software, provided the Customer provides all the information that may be necessary to assist the Supplier in resolving the defect or fault, including a documented example of any defect or fault, or sufficient information to enable the Supplier to re-create the defect or fault.
12.2 The Supplier does not warrant that the use of the Software will be uninterrupted or error-free.
12.3 The Customer accepts responsibility for the selection of the Software to achieve its intended results and acknowledges that the Software has not been developed to meet the individual requirements of the Customer.
12.4 The Supplier represents and warrants to the Customer that:
12.4.1 the Services will be performed:
(a) in accordance with all applicable laws and regulations; and
(b) with all reasonable skill and care;
12.4.2 to the best of its knowledge and belief, the Deliverables will not infringe the UK Intellectual Property Rights of any third party; and
12.4.3 at the date of this agreement, the Supplier has obtained and will maintain for the duration of this agreement all permissions, licences and consents necessary for the Supplier to perform the Services.
12.5 If, during the term of this agreement, the Supplier receives written notice from the Customer of any breach by the Supplier of the representations and warranties contained in clause 12.4.1, the Supplier shall, at its own option and expense, remedy that breach within a reasonable period following receipt of such notice, or terminate this agreement immediately on written notice to the Customer and repay to the Customer all sums which the Customer has paid to the Supplier under this agreement during the year in which the termination occurs, less a charge for the Services performed up to the date of termination. The Customer shall provide all information reasonably necessary to enable th...
THE SUPPLIER'S WARRANTIES. 9.1. The Supplier represents and warrants:
(a) That it will bear all VAT (if payable), stamp duties and other taxes or deductions payable, on foot of the tax rules applicable from time to time, in connection with or relating in any way to the Products and the Services as well as to the collection of the price for the sale of Services;
(b) That it is currently insured with a primary insurance institution against damages caused to third parties in the exercise of the Services.
9.2. The Supplier shall indemnify and hold TRANSFEERO harmless against any claim, nuisance objection or demand by third parties that conflicts in any way with the warranties given above, and to this end at its own expense it shall take all appropriate action against those third parties and directly pay those third parties any sum that may be due to them in relation to the claims and nuisance in question, indemnifying and holding TRANSFEERO harmless in respect of the costs, including unrecoverable ones, stemming from the said claims and nuisance.
9.3. Without prejudice to other remedies available to TRANSFEERO based on the law and/ or the Agreement, in case of breach of any of the provision of the Agreement by the Supplier, TRANSFEERO shall have the right, at its own discretion, to withdraw any Supplier’s Product or Service or content, to restrict the Supplier’s use of the Portals, temporarily or permanently exclude (block) the Supplier from the Portals, or cancel existing bookings in the name of the Supplier without taking into account the applicable cancellation policies, and reject Users’ offers for the conclusion of a purchase with the Supplier. PRIVACY AND COMMUNICATION WITH THE USERS
9.4. The Users’ personal data (and communicated by TRANSFEERO to the Supplier) shall be processed by TRANSFEERO and by the Supplier, each within its own sphere of competence, as independent data controllers in compliance with the provisions of the applicable law.
9.5. TRANSFEERO shall provide the Users with appropriate information relating to the processing of their personal data for the purposes of issuing and managing Vouchers. In the absence of specific and further consent given by the Users, the personal data in question may be processed by the Supplier for the sole purpose of enabling and managing the performance of the Service and (regarding solely the data strictly necessary to that end) and complying with tax and accounting obligations and/or mandatory provisions of law.
THE SUPPLIER'S WARRANTIES. 15.1 The Supplier represents and warrants to the Customer that:
(a) the Services will be performed:
(i) in accordance with all applicable laws and regulations; and
(ii) with all reasonable skill and care;
(b) to the best of its knowledge and belief, the Deliverables will not infringe the UK Intellectual Property Rights of any third party; and
(c) at the date of this agreement, the Supplier has obtained and will maintain for the duration of this agreement all permissions, licences and consents necessary for the Supplier to perform the Services.
15.2 If, during the term of this agreement, the Supplier receives written notice from the Customer of any breach by the Supplier of the representations and warranties contained in clause 15.1(a), the Supplier shall, at its own option and expense, remedy that breach within a reasonable period following receipt of such notice, or terminate this agreement immediately on written notice to the Customer and repay to the Customer all sums which the Customer has paid to the Supplier under this agreement during the year in which the termination occurs, less a charge for the Services performed up to the date of termination. The Customer shall provide all information reasonably necessary to enable the Supplier to comply with its obligations under this clause 15.
THE SUPPLIER'S WARRANTIES. 13.1 The Supplier represents and warrants to the Customer that:
13.1.1 the Services will be performed:
(a) in accordance with all applicable laws and regulations; and
(b) with all reasonable skill and care;
13.1.2 to the best of its knowledge and belief, the Deliverables will not infringe the UK Intellectual Property Rights of any third party; and
13.1.3 at the date of this agreement, the Supplier has obtained and will maintain for the duration of this agreement all permissions, licences and consents necessary for the Supplier to perform the Services.
13.2 If, during the term of this agreement, the Supplier receives written notice from the Customer of any breach by the Supplier of the representations and warranties contained in clause 13.1.1, the Supplier shall, at its own option and expense, remedy that breach within a reasonable period following receipt of such notice, or terminate this agreement immediately on written notice to the Customer and repay to the Customer all sums which the Customer has paid to the Supplier under this agreement during the year in which the termination occurs, less a charge for the Services performed up to the date of termination. The Customer shall provide all information reasonably necessary to enable the Supplier to comply with its obligations under this clause 13.2. This clause sets out the Customer’s sole remedy and the Supplier’s entire liability for breach of clause 13.1.1.
13.3 No representation or warranty is given by the Supplier that all faults will be fixed, or will be fixed within a specified period of time.
13.4 All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this agreement or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose and the use of reasonable skill and care. Charges the charges payable for the Services under this agreement, as set out in the Maintenance Schedule.
THE SUPPLIER'S WARRANTIES. 14.1.1.1 Without limiting and in addition to any other Warranties, representations, declarations and/or undertakings contained in this Maintenance Agreement, the Purchase Agreement and/or any applicable law, the Supplier warrants and undertakes to Partner that:
a. All of the Support and Maintenance Services to be provided under this Maintenance Agreement shall conform in design, performance and materials to the requirements of the Purchase Agreement and this Maintenance Agreement and shall be free from defects in design, material, performance or workmanship and be of the most suitable grade and quality for the purpose intended;
b. All of the Support and Maintenance Services to be provided under this Maintenance Agreement shall be performed in a skilful and workmanlike manner, in accordance with the terms of this Maintenance Agreement, the Purchase Agreement and any applicable law; -------------------------------------------------------------------------------- -CONFIDENTIAL- This document contains proprietary information of Partner Communications Company Ltd. and shall not be reproduced, copied, disclosed or utilized in any way, in whole or in part, without prior written consent -------------------------------------------------------------------------------- (ORANGE LOGO) (PARTNERS COMMUNICATIONS COMPANY LTD. LOGO)
c. All Software Updates and/or Software Upgrades will, as at Final Acceptance thereof, conform with the Supplier's or any applicable Head Licensor's current published specifications and will represent the Supplier's or any applicable Head Licensor's latest and most up to date version.
14.1.1.2 [*] The Supplier shall, subject to and in accordance with the provisions of Clause 35 of the Purchase Agreement, indemnify Partner and to keep Partner free and harmless from any and all liability, cost, expense, loss or damage arising pursuant to any untrue, inaccurate or incomplete Warranty and/or any breach of any of the Warranties.
14.1.1.3 [*]
14.1.1.4 [*]
14.1.1.5 If, after providing the Supplier with such notification as specified in Clause 14.
THE SUPPLIER'S WARRANTIES
