Supplier Exclusions Sample Clauses

Supplier Exclusions. 10.1 The Supplier does not accept any liability for the performance of the System. Page12 (a) System performance is dependent on factors outside the control of the Supplier including inter alia network performance, system usage, competition for system resources etc. The Supplier shall issue recommendations to the Purchaser in respect of selection of server hardware to support the Software. In making its recommendations the Supplier will inform the Software Manufacturers of the System Specifications and of any other information provided by the Purchaser to the Supplier which the Supplier reasonably deems material to the specification of server hardware. The Manufacturers will make their recommendations to the Supplier, which will then inform the Purchaser accordingly. (b) The Supplier and the Manufacturers make recommendations on a reasonable endeavours basis only, based on their respective experience. The recommendations issued to the Purchaser in respect of selection of server hardware to support the Software, and any other recommendations of the Supplier, shall be appropriate and shall take account of industry developments and best practice. No warranties or guarantees on the performance of the Software on the recommended server hardware or on the Purchaser's network are implied or expressed. (c) In the event of problems arising in the performance of the Software on the recommended hardware, the Supplier will provide advice to the Purchaser on a reasonable endeavours basis to help resolve the Purchaser's problems. The Supplier and the Manufacturers may also provide consulting services to resolve hardware performance problems, such consulting services, and charges for same, to be agreed with the Purchaser in advance. (d) The resolution of performance problems on the server hardware supporting the Software may involve upgrading the hardware. In all such cases the cost of upgrades will be borne by the Purchaser, and neither the Supplier nor the Manufacturer is liable for any costs in relation to same. 10.2 The Supplier does not accept any liability whatsoever for data corruption on the System or for repair of same, whether caused by Software error, system failure, or human error on the part of Purchaser or Supplier personnel. The Supplier will, during system implementation, provide advice and assistance on a reasonable endeavours basis to the Purchaser in the repair of data corrupted as a result of errors committed by Supplier or purchaser personnel.