BUYING PRODUCTS AND SERVICES Sample Clauses

BUYING PRODUCTS AND SERVICES. A. Quotes and Orders. “Order” means Customer’s order of Products or Services, through either Xxxx.xxx or other online process; and also means Customer purchase orders that reference a Supplier quote and, if applicable, contract code, and Supplier order forms executed by Customer. Orders are subject to credit approval and are subject to Supplier acceptance. Acceptance of one Order is independent from any other Order. Quoted prices are effective until the expiration date of the Supplier’s quote, but may change due to shortages in materials or resources, increase in the cost of manufacturing, or other factors. Orders may contain charges for shipping and handling. Supplier is not responsible for pricing, typographical, or other errors in any offer and may cancel Orders affected by such errors.
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs
BUYING PRODUCTS AND SERVICES. A. Quotes and Orders. Orders are subject to credit approval and are subject to Supplier acceptance. Each Order must include the correct name of, and be placed with the Supplier entity that provided the applicable quote. Supplier will not be responsible or liable to you or the End-User for any delays caused by incorrect information in an Order. Quoted prices are effective until the expiration date of the Supplier’s quote, but may change due to industry-wide shortages in materials or resources, increase in the cost of manufacturing, or other factors outside the control of Supplier. Orders may contain charges for shipping and handling. OEM acknowledges Supplier’s pricing and discounts to OEM are considered Supplier’s confidential information, and OEM shall not show such pricing or discounts as a separate line item to OEM Representatives or End-Users or otherwise disclose such information to any third party.
Sample 1
BUYING PRODUCTS AND SERVICES. A. Orders. Acceptance of one Order is independent from any other Order. Quoted prices are effective until the expiration date of the Perform-X's quote, but may change due to shortages in materials or resources, increase in the cost of manufacturing, or other factors. Orders may contain charges for shipping and handling. B. Changed or Discontinued Products or Services. Perform-X may revise or discontinue Products, Services, and Third-Party Products at any time, including after Customer places an Order, but prior to Perform-X's shipment or performance. As a result, Products and Services Customer receives may differ from those ordered. However, Perform-X branded Products will materially meet or exceed all published specifications for the Products. Parts used in repairing or servicing Products may be new, equivalent-to-new, or reconditioned. C. Cancelation and Acceptance. Customer may not cancel Orders. Orders for Third-Party Products are subject to availability and are cancellable only by Perform-X. All Products are deemed accepted by Customer upon Delivery. Customer may request to return certain Products to Perform-X by calling Perform-X or sending an email to xxxx@xxxxxxx-x.xxx. Even though Customer accepts Products as stated above, Customer retains all rights and remedies set forth in the applicable Product warranty. D. Risk of Loss; Title. Risk of loss for sold Products transfers to Customer upon Delivery. Title to Products passes to Customer upon Delivery. Unless otherwise agreed, Perform-X will choose the common carrier. Customer must notify Perform-X within five (5) days of Delivery if Customer believes any part of its Order is missing, wrong, or damaged. Perform-X is not liable for any damage or loss to the Products when non-Perform-X provided shipping method is used for shipping from Perform-X to the Customer. Customer must work with their designated carrier for re-imbursement. Customer is responsible for inspecting the packages upon delivery and must note any visible damage on the proof of delivery or other delivery receipt Customer may be requested to sign. Perform-X will not be responsible for any visible shipping damages not noted on the delivery receipt.
Sample 1
BUYING PRODUCTS AND SERVICES. A. Quotes and Orders. Orders are subject to credit approval and are subject to Supplier acceptance. All Orders will be subject to this Agreement and must contain the following information: (a) a description of the Product, including Product number, if applicable;
Sample 1
BUYING PRODUCTS AND SERVICES. A. Quotes and Orders. Acceptance of one Order is independent from any other Order. Quoted prices are effective until the expiration date of the Supplier’s quote, but may change due to shortages in materials or resources, increase in the cost of manufacturing, or other factors. Orders may contain charges for shipping and handling. B. Changed or Discontinued Products or Services. Supplier may revise or discontinue products, services, and Third Party Products at any time, including after Customer places an Order, but prior to Supplier’s shipment or performance. As a result, products and services Customer receives may differ from those ordered. However, Dell branded, EMC branded, and Dell EMC branded Products will materially meet or exceed all published specifications for the Products. Parts used in repairing or servicing Products may be new, equivalent-to-new, or reconditioned.
Sample 1

Related to BUYING PRODUCTS AND SERVICES

  • Products and Services General Information

  • Other Products and Services As our customer, you have access to a suite of financial products and services availed by ourselves, our affiliates and strategic partners designed to help you address and achieve your financial needs and goals. You agree that you can obtain information about such Products and Services via our website xxx.xxxxxxxx.xxx.xx and you further agree that we can from time to time communicate information in relation to such Products or Services to you specifically or generally to all cardmembers via such communication mode as we consider appropriate.

  • Additional Products and Services Subject to the allocation of funds, the CPO may add similar equipment, supplies, services, or locations, within the scope of this Agreement, to the list of equipment, supplies, services, or locations to be performed or provided by giving written notification to Contractor. For purposes of this Section, the “Effective Date” means the date specified in the notification from the CPO. As of the Effective Date, each item added is subject to this Agreement, as if it had originally been a part, but the charge for each item starts to accrue only on the Effective Date. In the event the additional equipment, supplies, services, or locations are not identical to the items(s) already under this Agreement, the charges therefor will then be Contractor’s normal and customary charges or rates for the equipment, supplies, services, or locations classified in the Fees and Costs (Exhibit “F”).

  • Third Party Products and Services Any third-party hardware, software and/or services that is delivered by ResMed for use either standalone or in conjunction with ResMed products and/or services, shall be subject to the third-party terms and conditions and/or license agreements between Customer and the third party. Such third-party hardware, software and/or services is provided by ResMed "AS IS," without any warranty of any kind. Any representations or warranties as to such hardware, software and/or services shall only be as granted by the applicable third parties, if any, that accompany such products and/or software and/or services. Any representations, warranties, or other similar obligations with respect to such third-party hardware, software and/or services flow directly from the third party to Customer and ResMed shall have no responsibility at all for any such representations, warranties, obligations or lack thereof.

  • Products Products available under this Contract are limited to Software, including Software as a Service, products and related products as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.B above. Vendor may not add a manufacturer’s product line which was not included in the Vendor’s response to the solicitation described in Section 1.B above.

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Product ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User(s) shall have thirty (30) days from the date of delivery to accept hardware products and sixty (60) days from the date of delivery to accept all other Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty (30) day increment. Authorized User shall notify Contractor of acceptance upon successful completion of the documented installation test. Such cancellation shall not give rise to any cause of action against the Authorized User for damages, loss of profits, expenses, or other remuneration of any kind. If the Authorized User elects to provide a deficiency statement specifying how the Product fails to meet the specifications within the testing period, Contractor shall have thirty (30) days to correct the deficiency, and the Authorized User shall have an additional sixty (60) days to evaluate the Product as provided herein. If the Product does not meet the specifications at the end of the extended testing period, Authorized User, upon prior written notice to Contractor, may then reject the Product and return all defective Product to Contractor, and Contractor shall refund any monies paid by the Authorized User to Contractor therefor. Costs and liabilities associated with a failure of the Product to perform in accordance with the functionality tests or product specifications during the acceptance period shall be borne fully by Contractor to the extent that said costs or liabilities shall not have been caused by negligent or willful acts or omissions of the Authorized User’s agents or employees. Said costs shall be limited to the amounts set forth in the Limitation of Liability Clause for any liability for costs incurred at the direction or recommendation of Contractor.

  • Software Products Save as otherwise set forth in the Agreement, the right to use any Software Product is personal to the Licensee, for its own internal use, and is non-transferable, except with the Licensor’s prior written consent, in which case the Licensee shall cause the assignee or sub-licensee to agree to the terms of this Software License.

  • Competing Products The provisions of Section 21 are set forth on attached Exhibit H and are incorporated in this Section 21 by this reference.

  • Goods and Services 4.3.1. The Supplier shall ensure that the Goods and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve performance and results stipulated in the Contract. 4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licenses, Harmonized Tariff Code - and any such other documents required under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused correctly and under the appropriate safety conditions. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith sufficient timeforreview andapproval by the Customer, in accordancewith the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by the Purchaser as a result of the non-compliance and/or delay. 4.3.3. Goods or Services that donotmeetall the requirements set in this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-conformity event (NCE) as defined in the Supplier Quality Manual. 4.3.4. If the Supplier is not certain that the results of the Services or Goods comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing. 4.3.5. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!