Conditions and Exclusions. Service Levels are measured on a quarterly or annual basis, as set forth below.
(a) Service Levels will apply from the first full month following the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet the Service Levels under this Service Level Agreement.
(e) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period in which Customer alleges that the Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange.
(f) Customer must exercise any right to terminate the Services provided under this SLA within 60 days of the breach giving rise to Customer’s right to terminate at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapse.
(g) Any termination of the Service due to the failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(i) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level in any month exceed 100% of the aggregate monthly recurring Charges for the Service at the affected Location(s) in that month.
(k) In no event will Customer be entitled to receive credit...
Conditions and Exclusions. Notwithstanding anything to the contrary set forth in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions:
(a) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet the Service Levels under this SLA. Customer will not be entitled to any remedies set out in this SLA, and the Service Levels will not apply, if Customer does not purchase Service Select - Extended Service Delivery. Notwithstanding anything to the contrary contained in this SLA, if Customer does not purchase Service Select -
1 Western Europe consists strictly of the following countries: Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, Monaco, Netherlands, Norway, Poland, Spain, Sweden, Switzerland, and the United Kingdom.
2 The DTTR Service Level is not available for Locations outside of continental United States and for Locations in the Middle East, Africa, and Latin America regions of Orange. Extended Service Delivery, then all Service Levels will automatically convert into, and will be treated as SLO, and all remedies, financial or otherwise, associated with non-achievement of any Service Level will be null and void.
(b) Orange's Scheduled Maintenance or emergency maintenance of the Business VPN Service or the Orange Network, if provided in a proper, non-negligent manner and in accordance with standard industry practices, will not be deemed to be a failure by Orange to provide the Business VPN Service in accordance with the Agreement.
(c) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Month in which the alleged Service Level failure occurred. Within 30 days following receipt of the claim, Orange will confirm in writing the amount of the credit (if any) from reports generated by Orange and will issue all undisputed credits within 90 days from the date of its receipt of Customer’s written claim.
(d) Customer must exercise any Business VPN Service termination right specified in this SLA within 60 days from the date of the Service Level failure that gave rise to such termination right. If Customer does not notify Orange in writing of its election to terminate the Service within the 60-day period, then such termination right will lapse.
(e) The exercise by Customer of the Service termination right under this SLA will be without financial lia...
Conditions and Exclusions. In the event that failure to return Equipment to the Owner after the expiration of Free Time is caused by a party other than the User, the Owner may invoice that party for the Use Charges, but such practice shall in no way relieve the User of ultimate responsibility for the use charges.
Conditions and Exclusions. Mitrex will have no obligation under any limited warranty herein until such time that Mitrex has been fully paid for all supplies and materials. If Mitrex has not been paid in full for all supplies and materials within 30 days of the delivery of all components of the Mitrex System, the limited warranties herein will be voided and Mitrex shall have no liability to any entity hereunder.
Conditions and Exclusions. Warranty claims must be submitted within 10 days of the date when Purchaser did notice or could reasonably have noticed the defect. In order to make a warranty claim, Purchaser may be required to prove that the installation did not cause the defects or failures of the Product, unless the installation was performed by a Geotab-certified installer. Any products, services or items made or supplied by third parties (including vehicles tracked with our Products) are not covered by our limited warranty and we are not responsible for malfunctions by or in such products, services or items. Purchaser needs to purchase, license or procure products, software, data or services from third parties to enable the full use or functionality of our Products. Purchaser is responsible for ensuring that all such third party products, software, data or services meet our minimum requirements, including without limitation, processing speed, memory, client software, internet access, internet or other communication channel bandwidth.
Conditions and Exclusions. 6.1 To the full extent permitted by law, this Warranty does not cover
(1) Any increased costs or expenses; (2) Any loss of profit, revenue, business, contracts or anticipated savings; (3) Any loss or expense resulting from a claim by a third party; or (4) Any special, indirect or consequential loss or damage of any nature whatsoever. • All other warranties, whether implied or otherwise, not set out in this Warranty except for those that cannot be excluded at law under the Domestic Building Acts, the Australian Consumer Law or any other applicable law. Windows and Doors • A warp, bow or twist of 4mm or less for doors up to 2,150mm high, 6mm or less for door heights between 2,150mm and 2,400mm and will not be liable for any warp, bow or twist for doors exceeding 2,438mm high or 1,219mm wide; • Defects due to moisture content which falls below 10% or for moisture content which exceeds 15%; • Normal show-through of frame and core components in flush doors; • Natural variations in the colour, texture and grain pattern of timber, plastic and aluminium componentry of Goods, including the colour, grain pattern and thickness of matching timber edge strips and western red cedar components; • Fading, darkening or colour change in aluminium surfaces of Goods, including powdercoated finishes, caused by normal weather conditions; • Window reveals which have not been protected from the elements within two weeks of being delivered to site. • Any other matter that We may advise You of from time to time. Glass • Glass Goods that have been modified in any way by the addition of a film, tint, privacy or any other finish not authorised by Us; • Glass breakage not caused solely by Our faulty workmanship or materials, or Our failure to render Services with due care and skill; • Natural variations in the clarity of glass and paint colour batching in respect of painted glass splashbacks; • Nanoclean EnduroShield® glass coating treatment; • Any other matter that We may advise You of from time to time. • Discolouration of glass finishes that may occur under certain climatic conditions; Nanoclean • The Nanoclean Warranty applies specifically to the EnduroShield® glass coating treatment that is applied to the surface of shower screen or other glass Goods. • The Nanoclean Warranty does not cover the glass, showerscreen, Hardware, installation or any other component of the Goods, other than the EnduroShield® coating. Hardware & Moving Parts • Plated finished products; • Goods used in co...
Conditions and Exclusions. Notwithstanding anything to the contrary set forth in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions:
Conditions and Exclusions. This SLA, and Customer’s entitlement to the remedies set out in this SLA, is subject to the following conditions and exclusions:
(a) Except as otherwise provided in this SLA, all Service Levels for Operational Support Services are measured on a quarterly basis and will apply from the first full month following the Committed Delivery Date for the Operational Support Services at the relevant Location.
(b) All Service Levels for Operational Support Services are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(c) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to provide the Operational Support Services in accordance with this SLA.
(d) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the measurement period in which Customer alleges that the Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange.
(e) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party telecommunications provider or resulted from the third party vendor's refusal to cooperate with Orange in the resolution of the Incident.
(f) Notwithstanding anything to the contrary contained in this SLA, in no event will Customer be entitled to receive remedies for non-achievement of any Service Level if such non-achievement was caused by a Force Majeure Event, Scheduled Maintenance, Third Party Intervention or environmental conditions, or by any act or omission of Customer or any Customer-authorized user of the Operational Support Services.
Conditions and Exclusions. 6.1 To the full extent permitted by law, this Warranty does not cover: TYPE EXCLUSIONS General (applicable to all Goods and Services, including those listed below in this table). • Fair wear and tear of Goods; • Any defects, faults, failures or allowances permitted in • Defects, faults or failures caused by misuse, abuse, damage, accordance with Australian Standards accident or neglect by You; • Unless expressly stated otherwise, any abnormal stress • Defects, faults or failures caused by any Force Majeure event; imposed on the Goods due to coastal conditions, salt spray, • Defects, faults or failures caused by damage during transport, corrosive chemicals, acid rain, extreme heat and/or humidity, unless transported by Us or Our agent; excessive vibration or movements of buildings or foundations, or • Your failure to handle, install, care, store, operate and/or other location-related factor; maintain the Goods in accordance with the Manufacturer’s • The cost of transport for Goods to or from Us; Instructions; • Any liability We may have in contract, tort (including, without • any Claims that Goods or Services are defective or faulty, where limitation, negligence or breach of statutory duty), personal such a Claim relates to conformity of the Goods or Services with injury or property damage howsoever caused, or otherwise to any specifications, requirements or modification requests made compensate You for: by You to Us, where We have complied with such a request; (1) Any increased costs or expenses; • The installation or refinishing of a replacement Good supplied (2) Any loss of profit, revenue, business, contracts or under this Warranty, or the cost of installation or refinishing of a anticipated savings; replacement Good under this Warranty, unless the installation (3) Any loss or expense resulting from a claim by a third party; or re-finishing was part of Services originally carried out by or or contracted to Us; (4) Any special, indirect or consequential loss or damage of any • Services carried out by personnel or agents which are not nature whatsoever. authorised by Us; • All other warranties, whether implied or otherwise, not set out • Modification, alteration or repair of Goods, or any other in this Warranty except for those that cannot be excluded at law Services, which are not authorised by Us; under the Domestic Building Acts, the Australian Consumer Law or any other applicable law. Windows and Doors • A warp, bow or twist of 4mm or less for doors u...
Conditions and Exclusions. The limited warranties set forth in this document are the only expressed warranties (whether written or oral) applicable to Xxxxxx Windows and Doors products, and no one is authorized to modify or expand these written warranties. All warranty claims must be made during the applicable warranty period.
