Common use of Data Deliverables Clause in Contracts

Data Deliverables. 8.1 The Customer supplies Data to Gosling Creative Limited at its own risk and Gosling Creative Limited shall not be liable for any loss or damage to Data. The Customer acknowledges that Gosling Creative Limited may disseminate, split, sectionalise, annotate, highlight, mark or otherwise treat Data in the course of supplying Services. 8.2 The Customer remains at all times responsible for the accuracy of Data and Gosling Creative Limited assumes no responsibility for indicating errors or omissions. Proofs of Deliverables may be submitted by Gosling Creative Limited for Customer’s approval and Gosling Creative Limited shall not be liable for any errors not corrected by the Customer in proofs submitted. Customer’s alterations and additional proofs necessitated thereby shall be charged in addition. Gosling Creative Limited will not be responsible for poor reproduction due to low quality Data or origination supplied by the Customer. 8.3 The Customer warrants that: 8.3.1 the use of Data by ▇▇▇▇▇▇▇ Creative Limited will not infringe any third party IP Right; and 8.3.2 the Customer has obtained all necessary consent to supply Data to Gosling Creative Limited as required by applicable law. 8.4 Gosling Creative Limited shall deliver the Deliverables and arrange insurance during transit (unless the Customer requests otherwise) and the Customer shall be responsible for such delivery and insurance costs. Any dates specified by ▇▇▇▇▇▇▇ Creative Limited for delivery are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time. 8.5 Risk in the Goods shall pass to the Customer on delivery. 8.6 If for any reason the Customer fails to accept delivery of any of the Deliverables when they are ready for delivery, or Gosling Creative Limited is unable to deliver the Deliverables on time because the Customer has not provided appropriate instructions, documents, licences or authorisations: 8.6.1 risk in the Deliverables shall pass to the Customer (including for loss or damage caused by Gosling Creative Limited’s negligence); 8.6.2 the Deliverables shall be deemed to have been delivered; and 8.6.3 Gosling Creative Limited may store the Deliverables until delivery, whereupon the Customer shall be liable for all related costs and expenses (including, without limitation, storage and insurance). 8.7 Unless the Customer notifies Gosling Creative Limited in writing of a material fault within the Deliverables (or part of the Deliverables) within 7 days following such delivery/transmission the Customer shall be deemed to have accepted the Deliverables (or part of the Deliverables). 8.8 The Customer agrees that 7 days is a reasonable period for the purpose of inspecting the Deliverables (or part of the Deliverables) and testing the same for material faults.

Data Deliverables. 8.1 The Customer supplies Data to Gosling Creative Limited at its own risk and Gosling Creative Limited shall not be liable for any loss or damage to Data. The Customer acknowledges that Gosling Creative Limited may disseminate, split, sectionalise, annotate, highlight, mark or otherwise treat Data in the course of supplying Services. 8.2 The Customer remains at all times responsible for the accuracy of Data and Gosling Creative Limited assumes no responsibility for indicating errors or omissions. Proofs of Deliverables may be submitted by Gosling Creative Limited for Customer’s approval and Gosling Creative Limited shall not be liable for any errors not corrected by the Customer in proofs submitted. Customer’s alterations and additional proofs necessitated thereby shall be charged in addition. Gosling Creative Limited will not be responsible for poor reproduction due to low quality Data or origination supplied by the Customer. 8.3 The Customer warrants that: 8.3.1 the use of Data by ▇▇▇▇▇▇▇ Creative Limited will not infringe any third party IP Right; and 8.3.2 the Customer has obtained all necessary consent to supply Data to Gosling Creative Limited as required by applicable law. 8.4 Gosling Creative Limited shall deliver the Deliverables and arrange insurance during transit (unless the Customer requests otherwise) and the Customer shall be responsible for such delivery and insurance costs. Any dates specified by ▇▇▇▇▇▇▇ Creative Limited for delivery are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time. . 8.5 Risk in the Goods shall pass to the Customer on delivery. 8.6 If for any reason the Customer fails to accept delivery of any of the Deliverables when they are ready for delivery, or Gosling Creative Limited is unable to deliver the Deliverables on time because the Customer has not provided appropriate instructions, documents, licences or authorisations: 8.6.1 risk in the Deliverables shall pass to the Customer (including for loss or damage caused by Gosling Creative Limited’s negligence); 8.6.2 the Deliverables shall be deemed to have been delivered; and 8.6.3 Gosling Creative Limited may store the Deliverables until delivery, whereupon the Customer shall be liable for all related costs and expenses (including, without limitation, storage and insurance). 8.7 Unless the Customer notifies Gosling Creative Limited in writing of a material fault within the Deliverables (or part of the Deliverables) within 7 days following such delivery/transmission the Customer shall be deemed to have accepted the Deliverables (or part of the Deliverables). 8.8 The Customer agrees that 7 days is a reasonable period for the purpose of inspecting the Deliverables (or part of the Deliverables) and testing the same for material faults.