Common use of Performance Remedies Clause in Contracts

Performance Remedies. Subject to clauses 5.2 and 5.3, the Client agrees to give Delaware a reasonable opportunity to remedy any error or defect caused solely by Delaware in the provision by Delaware of the Services or Deliverables to the Client. Delaware shall use all reasonable endeavours to implement such remedy as soon as reasonably practicable after any such failure or shortcoming caused by Delaware is identified and reported to it by the Client in writing during the period of the relevant Statement of Work. Delaware shall have no liability or obligation pursuant to clause 5.1 unless the Client provides to Delaware in writing a reasonably detailed description of the error or defect caused by Delaware in the provision of the Services or the Deliverables on which the Client seeks to rely within a reasonable time frame and in any case not later than fifteen (15) Business Days from the date on which the Client became aware or ought reasonably to have become aware of such error or defect. For the avoidance of doubt, the Parties agree that Delaware shall have no liability or obligation pursuant to clause 5.1, following expiry or termination of the relevant Statement of Work under which the relevant Services and/or Deliverables have been provided. Except as provided in this Agreement and/or any Statement of Work, there are no express warranties, representations, undertakings or conditions (statutory or otherwise) made by either Party and all warranties, representations, undertakings and conditions (statutory or otherwise) implied to be made by either Party, including implied warranties as to satisfactory quality and fitness for a particular purpose, are hereby excluded to the maximum extent permitted by Applicable Laws.