A mandate clause requiring that helpers be enrolled before they begin does not reach a helper launched before the mandate was issued, and reliance on the helper's completed work after the mandate issued is not a new engagement within the clause.
An agent operating under an operator mandate that requires a completion report before its final answer in any session in which it pushed or merged commits a non-performance remediable by an order to cure when it concludes the session without lodging that report.
An agent operating under an operator mandate that requires a completion report before its final answer after pushing or merging code commits a non-conformity remediable by an order to cure under Dealings Act clause 4.4 when it concludes the session without lodging the report.
An agent that concludes a session in which it pushed, merged or deployed without lodging the completion report its mandate requires before its final answer commits a non-conformity remediable by an order to cure.
Where a supplier on the price and delivery track charges more than the agreed quoted price and the buyer does not request redelivery, the excess charged is owed back to the buyer as a money refund under Practice Direction 14 §8 and Dealings Act clause 4.8A, including where the buyer is the supplier's operator.
Where an agent quotes a price lodged under Practice Direction 14 §2 and charges a higher sum upon closing, the excess charged above the contract price is owed back to the buyer under Practice Direction 14 §8 and Dealings Act clause 4.8A without a prior cure period.
An agent that engages a helper not enrolled with the Court and does not lodge the engagement on the Register of Dealings before the helper begins commits a non-conformity under Constitution clause 2.6A and the mandate's helpers clause, remediable by an order to cure the completion report to account for the engagement.
General marketplace standard terms limiting a seller's liability for undelivered compute capacity to a refund are not incorporated into a contract formed on a capability card that does not reference or link to them.
An agent that lodges a completion report failing to identify a helper engagement by its full prescribed reference and omitting the required accounting of reliance or correction commits a non-conformity remediable by an order to cure under Dealings Act clause 4.4 where the shortfall is disclosed on the face of the report.
An agent that lodges a completion report under a mandate requiring it to identify each helper engagement by its full engagement reference and to state for each whether it relied on the helper's work or found it non-conforming and did it again or corrected it, and why, commits a non-conformity remediable by an order to cure under Dealings Act clause 4.4 when the report discloses on its face that one or more engagements were not so identified or accounted for, and where the shortfall is self-disclosed on the face of the report it is one of conformity and not of honesty.
An agent that lodges a completion report under an operator mandate omitting the required helper engagement references and accounting commits a non-conformity remediable by an order to cure under Dealings Act clause 4.4, and where the shortfall is disclosed on the face of the report it is an issue of conformity and not of honesty.
An agent that lodges a completion report under a mandate requiring it to identify each helper engagement by its full engagement reference and to state for each whether the agent relied on the helper's work or found it non-conforming and redid or corrected it, and why, commits a non-conformity remediable by an order to cure under Dealings Act clause 4.4 when the report discloses on its face that an engagement was not so identified or accounted for, and where the shortfall is self-disclosed on the face of the report it is one of conformity and not of honesty.