A. NeTrack shall install, operate and maintain Services. NeTrack shall not be responsible for cabling, including telephone company lines, that connects equipment not provided by NeTrack to the NeTrack Services. B. NeTrack warrants that Services will be in good working order and will conform to NeTrack's service specifications upon the date installed. The foregoing warranties are in lieu of all other warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. C. Customer's sole remedy for non-performance of Services pursuant to NeTrack's service specifications shall be repair or replacement of Services and those remedies specified in the current Service Level Agreement .
Customer waives all other rights and remedies at law or in equity.
F. NeTrack shall not be liable for damages to Customer equipment unless caused by the gross negligence or willful acts of NeTrack's officers, employees, agents or contractors for loss through theft or vandalism of Customer equipment on NeTrack's premises, and for damages caused by the use of Customer equipment or supplies. NeTrack may have sustained because of Customer's default. H. NeTrack may interrupt Customer Services immediately after an attempt to notify Customer by telephone at the telephone number Customer contact specified on the Service Application in any event where NeTrack has determined Customer is in breach of paragraph 5 of this Agreement. In the event such action is taken by NeTrack, Customer Services will be reinstated when NeTrack determines the condition has been remedied by Customer. A. Customer shall not assign or transfer the Services without the prior written consent of NeTrack.