damage arises from the re-installation, moving, relocation or decommissioning or recommissioning of the Equipment by a person other than the Supplier or its authorised representative; damage arising from changes, alterations, additions or modifications effected or attempted by a person than the Supplier or an authorised third party repairer appointed under clause 10.6 of these Equipment Terms. To the extent that the Supplier permits a repair to be conducted by the Customer or any part is a installable part’ (as defined by the Supplier), then where that repair ‘user is conducted (or part is installed) in accordance with the Supplier’s instructions this shall not affect any warranty; damage arising from the act, fault, neglect, misuse or omission of the Customer; damage caused by the failure of electrical (other than power from the internal battery of the Equipment), air conditioning, humidity control or any environmental factor; damage caused by the operation of the Equipment other than in accordance with recommended operating procedures, User Documentation or otherwise than in accordance with the directions or recommendations of the manufacturer or the Supplier; any Virus, denial of service attack or other malicious act that adversely affects the Equipment or any software installed on it or connected to it, except to the extent that: the attack or malicious act is an attack or malicious act of the Supplier; or the Contract Specific Requirements include a requirement to protect against viruses, denial of service attacks or other malicious acts, and the Customer’s damages are caused solely by a failure to meet that obligation in the Contract Specific Requirements; use of consumables or parts that are of a type that, or which are provided by any person who, is not approved by the Supplier; improper use or mismanagement by the Customer; or an Event. If the Supplier has been requested to provide any warranty services and the item that was requested to be remedied is determined not to be an Equipment or Documentation Defect then the Supplier is entitled to charge the Customer for the costs and expenses (calculated using the rates set out in the Supply Contract, or if none are stated, at the Supplier’s then current commercial rates) that arise out, of or in connection with identifying and attempting to remedy that item. The Supplier expressly excludes any warranty that the Equipment will operate with any consumables or parts that are of a type that, or which are provided by any person who, is not approved by the Supplier. - Infrastructure Terms
damage arises from the re-installation, moving, relocation or decommissioning or recommissioning of the Equipment by a person other than the Supplier or its authorised representative; damage arising from changes, alterations, additions or modifications effected or attempted by a person than the Supplier or an authorised third party repairer appointed under clause 10.6 of these Equipment Terms. To the extent that the Supplier permits a repair to be conducted by the Customer or any part is a ‘user installable part’ (as defined by the Supplier), then where that repair is conducted (or part is installed) in accordance with the Supplier’s instructions this shall not affect any warranty; damage arising from the act, fault, neglect, misuse or omission of the Customer; damage caused by the failure of electrical (other than power from the internal battery of the Equipment), air conditioning, humidity control or any environmental factor; damage caused by the operation of the Equipment other than in accordance with recommended operating procedures, User Documentation or otherwise than in accordance with the directions or recommendations of the manufacturer or the Supplier; any Virus, denial of service attack or other malicious act that adversely affects the Equipment or any software installed on it or connected to it, except to the extent that: the attack or malicious act is an attack or malicious act of the Supplier; or the Contract Specific Requirements include a requirement to protect against viruses, denial of service attacks or other malicious acts, and the Customer’s damages are caused solely by a failure to meet that obligation in the Contract Specific Requirements; use of consumables or parts that are of a type that, or which are provided by any person who, is not approved by the Supplier; improper use or mismanagement by the Customer; or an Event. If the Supplier has been requested to provide any warranty services and the item that was requested to be remedied is determined not to be an Equipment or Documentation Defect then the Supplier is entitled to charge the Customer for the costs and expenses (calculated using the rates set out in the Supply Contract, or if none are stated, at the Supplier’s then current commercial rates) that arise out, of or in connection with identifying and attempting to remedy that item. The Supplier expressly excludes any warranty that the Equipment will operate with any consumables or parts that are of a type that, or which are provided by any person who, is not approved by the Supplier. - Infrastructure Terms
its_2573_prequalified_master_supply_agreement.docx