ACCEPTANCE; DELIVERY. Customer's execution of the Acceptance Certificate, or other confirmation of Customer's acceptance of the Equipment, shall conclusively establish that the Equipment has been delivered to and accepted by Customer for all purposes of this Agreement and Customer may not for any reason revoke that acceptance; however, if Customer has not, within ten (10) days after delivery of such Equipment, delivered to CFS written notice of non- acceptance, specifying the reasons therefor and specifically referencing this Agreement, Customer shall be deemed to have irrevocably accepted such Equipment. CFS is the lessor and Customer is the lessee of the Equipment under this Agreement. As between CFS and Customer only, this Agreement shall supersede any Customer purchase order in its entirety, notwithstanding anything to the contrary contained in any such purchase order. Customer agrees to waive any right of specific performance of this Agreement and shall hold CFS harmless from damages if for any reason the Equipment is not delivered as ordered, if the Equipment is unsatisfactory or if CFS does not execute this Agreement. Customer agrees that any delay in delivery of the Equipment shall not affect the validity of this Agreement.
ACCEPTANCE; DELIVERY. Customer's execution of the Acceptance Certificate, or other confirmation of Customer's acceptance of the Equipment, shall conclusively establish that the Equipment has been delivered to and accepted by Customer for all purposes of this Agreement and Customer may not for any reason revoke that acceptance; however, if Customer has not, within five (5) days after delivery of such Equipment, delivered to CFS written notice of non- acceptance, specifying the reasons therefor and specifically referencing this Agreement, Customer shall be deemed to have irrevocably accepted such Equipment. CFS is the lessor and Customer is the lessee of the Equipment under this Agreement.
ACCEPTANCE; DELIVERY. (a) Supplier shall not refuse to accept, on the basis of the quantity of Items involved, Authorized Demand Signals under Section 2.1.5.1 that are within current manufacturing capacities, production volumes, and operating levels or are within Capacity Projections or flexibility levels included in the Supplier Performance Plan. Supplier shall also advise Applied (upon request) regarding additional volumes of Items that are within increases in such capacities, volumes and levels, beyond the Capacity Projections and flexibility levels under the Supplier Performance Plan, that Supplier can achieve through use of commercially reasonable efforts.
(b) If week to week variations in the quantities of Items deliverable under Authorized Demand Signals, together with changes in Committed Delivery Dates through deferral of Items pursuant to Section 2.3.3 cause the volumes of Items that are to be delivered in a weekly period to exceed Supplier's delivery volumes provided for by the Supplier Performance Plan and if Supplier is not able to complete and make delivery of the quantities solely due to such variations (and exclusive of any delivery volume limitations or other problems resulting from Supplier's failure or inability to achieve capacity and flexibility levels established for the affected periods under the Supplier Performance Plan), then Applied will allow Supplier to deliver Items that are affected by the excessive increase for that period up to a maximum of two (2) weeks in advance of the applicable Committed Delivery Dates. Such early delivery allowance shall be in effect only to the extent and for the period commercially necessary to enable Supplier to comply with the Committed Delivery Date(s) of Items exceeding its capacity and flexibility levels, and in no event later than the time revised capacity or flexibility requirements can be established on a commercially reasonable basis. This Section 2.5 does not alter the provisions of this Agreement in Section 2.3 (Cancellation of Items), Section 2.14 (Provisions for Reconfiguration or Restocking), or Section 2.8 (*).
ACCEPTANCE; DELIVERY. 33 2.6. On-Site Support Requirements................................................................. 34 2.7. [Omitted].................................................................................... 34 2.8. ***.......................................................................................... 34 2.8.1. Modifications and ***s............................................................. 34 2.8.2. Scope of ***s...................................................................... 34 2.8.3. Charges for ***s.................................................................. 35 2.9. Information.................................................................................. 35 2.9.1. Applied Internal Databases......................................................... 35 2.9.2. Applied New Product Plans.......................................................... 39 2.9.3. Compliance with Securities Laws.................................................... 39 2.10. Packaging and Transportation................................................................. 40
ACCEPTANCE; DELIVERY and Settlement of Debit Card Transaction --------------------------------------------------------------- Records. -------
(a) NDPS shall accept Debit Card Transaction Records from Merchants in electronic form and shall process and transmit to the Bank in the Ordinary Course of NDPS' business summary information in the form customarily used or required by the applicable Network Organization including information as to the amounts to be posted to the accounts of those Merchants whose Merchant Depositary Accounts are maintained with the Bank.
(b) The Bank shall credit funds from the applicable Settlement Account, or as otherwise provided by NDPS pursuant to the Credit Facility, to the Merchant Depository Accounts maintained with it by Merchants in respect of Debit Card Transactions in the Ordinary Course of the Bank's business.
(c) Upon the receipt of the information described in Section 4.2(a), and at the request of NDPS, the Bank shall Originate and transmit a file to the applicable Clearing System to enable a reconciliation of the amounts of funds from the applicable Settlement Account or as otherwise provided by NDPS pursuant to the Credit Facility to be credited to Merchants whose Merchant Depository Accounts are maintained with other financial institutions. If permitted by applicable Laws, Association Rules and Clearing System Rules, and upon the request of NDPS, the Bank shall use Commercially Reasonable Efforts to offer NDPS all reasonable assistance to enable NDPS to itself Originate Card Transactions and to perform EFT through the applicable Clearing System, including without limitation, serving as the Originating financial institution for such transactions. In such event, NDPS agrees to comply with all applicable Laws, Association Rules and Clearing System Rules.
(d) The Bank shall accept the Debit Card Transaction Records referred to in paragraph (a) for Settlement in the Ordinary Course of the Bank's business as the "Settlement Agent", as such term is defined in the Interac rules, and upon the request of NDPS, shall serve as the "Direct Connector", as such term is defined in the Interac rules.
(e) The parties acknowledge that, from time to time, there may be insufficient funds in the applicable Settlement Account to allow the Bank to credit Merchants' accounts pursuant to Section 4.2(b). In such event, the amount of the Shortfall shall be deemed as having been drawn by NDPS on the date of the Shortfall under the terms of the Credit Facility or, i...
ACCEPTANCE; DELIVERY. AND SHIPMENT 6
ACCEPTANCE; DELIVERY. Customer’s execution of the Acceptance Certificate, or other confirmation of Customer’s acceptance of the Equipment, shall conclusively establish that the Equipment has been delivered to and accepted by Customer for all purposes of this Agreement and Customer may not for any reason revoke that acceptance; however, if Customer has not, within ten (10) days after delivery of such Equipment, delivered to Lessor written notice of non-acceptance, specifying the reasons therefor and specifically referencing this Agreement, Customer shall be deemed to have irrevocably accepted such Equipment. Lessor is the lessor and Customer is the lessee of the Equipment described in any Schedule under this Agreement. As between
ACCEPTANCE; DELIVERY. AND INSTALLATION 4.1
ACCEPTANCE; DELIVERY. No order or other request for deliverables will be binding upon Seller unless accepted in writing by Seller. Delivery is Ex Works Seller's facility or as otherwise set forth in Seller’s quote. Buyer assumes full responsibility for deliverables upon Seller making deliverables available to Buyer at Seller's facility, including proper arrangement and security for transport. Any dates quoted for delivery are approximate only. In the event of inability for any reason to supply the total demand for deliverables, Seller may allocate its available supply among any or all purchasers, as well as departments and divisions of the Seller, on such basis as it may deem fair and practical, without liability for any failure of performance which may result therefrom.
ACCEPTANCE; DELIVERY. If DRPG reasonably determines that any service or work order does not conform to the Agreement or agreed upon specifications, DRPG may reject such service and/or Work Product by communication to Contractor. Contractor will, at its expense, re-perform the applicable services and repair any applicable Work Product within a reasonable time period after its receipt of such communication, such period of time not to exceed five (5) days, subject to DRPG’s right to re-review the corrected services and/or Work Product in accordance with this Agreement.
