3.3.2 Products or Services are withdrawn by the Supplier or the Supplier increases the charges for Products or Services to the Company; or
3.3.3 Specifications of Products or Services are varied by the Supplier.
4. Product Specifications
4.1 The Company shall use reasonable endeavours to advise the Customer of variations to Product specifications following formal notification to the Company of such variations by the Supplier.
4.2 Where changes to Product specifications significantly alter the price or fitness for purpose of the Products the Company and the Customer shall agree upon such changes in writing or arrange for the supply of alternative Products.
4.3 Changes to Product specifications shall not provide grounds for cancellation of Customer orders unless such cancellation is agreed to in writing by the Company and the Customer.
5. Hardware and Software Products
5.1 Products shall be supplied by the Company on the terms and conditions of use for such Products as defined by the Suppliers at the time of delivery.
5.2 The Company gives no warranty to the Customer in respect of Product that is purchased by the Company from a Supplier for resale to the Customer but shall take reasonable steps to assist Customer in pursuing warranty claims against the relevant Supplier.
5.3 Unless otherwise specified in the Agreement, the Company shall only deliver non-modifiable and executable run-time versions of Software.
5.4 The Customer must comply with the terms of the Supplier’s software licenses.
6. Delivery and Acceptance
6.1 Unless it is agreed otherwise delivery shall be to the Customer’s address as specified in the Agreement.
6.2 The Company shall not be liable for any shortfalls in delivery or variation from Product specification on delivery unless a claim in writing is made by the Customer within 7 days of delivery.
6.3 In circumstances where the Company has attempted to physically deliver Products to the Customer and the Customer is unable or unwilling to accept such delivery, the Customer will be charged for the cost of the failed delivery in addition to any and all subsequent attempts. If the Customer is unable to accept delivery, a new date shall be set by mutual agreement of the parties. If the Customer is unwilling to accept delivery, the parties shall seek to vary the Agreement as appropriate by mutual agreement or the Customer shall seek to terminate the Agreement in accordance with Clause 18 of these Terms and Conditions.
7.1 Subject to Clause 6.2 of these Terms and Conditions and in respect of Product which is directly produced by the Company or Services provided directly by the Company, the only warranty given by the Company to the Customer is that the Company shall in accordance with normally accepted professional standards make good as quickly as is reasonably possible and at its own expense any defects identified on any relevant Acceptance Certificate or which develops during a period of 30 days after delivery of the Product or performance of the Services.
7.2 The Company does not warrant that the Products are free from minor errors not materially affecting performance. Such errors shall not be rectified in the absence of a prior written agreement to the contrary.