Common use of Without prejudice to Condition Clause in Contracts

Without prejudice to Condition. 7.3.1 above Guru Technology shall be entitled to levy (and receive from the Client) Additional Charges in the manner described in condition 7.3.3 below if: a) Maintenance Services are provided in circumstances where any reasonably skilled and competent person would have judged the Client's request to have been unnecessary; and/or b) the Client reports an apparent fault of the Equipment and/or Leased Equipment to Guru Technology and upon investigation by Guru Technology the Equipment and/or Leased Equipment and/or its Installation is found not to be defective (in respect of a charge for the investigation and/or for any call-out including Equipment and/or Leased Equipment changed in a postal exchange where Guru Technology reserves the right to make a charge up to the replacement value of the item in question); and/or c) where a fault that has been reported to Guru Technology has been a non-Equipment fault but instead one of the Carrier (in respect of a charge for the call-out in accordance with Guru Technology's then current Tariff).

Without prejudice to Condition. 7.3.1 above Guru Technology shall be entitled to levy (and receive from the Client) Additional Charges in the manner described in condition 7.3.3 below if: a) Maintenance Services are provided in circumstances where any reasonably skilled and competent person would have judged the Client's ’s request to have been unnecessary; and/or b) the Client reports an apparent fault of the Equipment and/or Leased Equipment to Guru Technology and upon investigation by Guru Technology the Equipment and/or Leased Equipment and/or its Installation is found not to be defective (in respect of a charge for the investigation and/or for any call-out including Equipment and/or Leased Equipment changed in a postal exchange where Guru Technology reserves the right to make a charge up to the replacement value of the item in question); and/or c) where a fault that has been reported to Guru Technology has been a non-Equipment fault but instead one of the Carrier (in respect of a charge for the call-out in accordance with Guru Technology's ’s then current Tariff).