Common use of LIABILITY FOR REPLACEMENT OR REPAIR Clause in Contracts

LIABILITY FOR REPLACEMENT OR REPAIR. 5.4.1 Subject to the following sub-clauses of this condition 5.4 Digital Origin shall, for a period of twelve months from the date of Delivery or Installation (where applicable) whichever is the earlier, at its option and without cost to the Client either arrange repair or replace any defective Equipment and/or Leased Equipment to make good any defect which shall be proved to the satisfaction of Digital Origin to be the result of faulty design, materials or manufacture or Installation (only where Digital Origin supplies Installation Services under the Contract) provided that Digital Origin shall have no liability for any such defects unless the Client notifies Digital Origin, within three Business Days from Delivery or Installation (where applicable) whichever is the earlier, of any defect arising prior to and/or on Delivery or Installation (as the case may be) and (subject to condition 5.4.2) within twenty four hours of any latent defect arising within such twelve (12) month period.