Changes to Products. Merz may change the design, construction, or composition of the Products. In the event a significant change occurs after Customer’s order but prior to shipment, Merz shall notify Customer, and Customer shall be entitled to accept the changed Product, or to cancel this Agreement as to that Product only and receive a refund of any monies paid for that Product only. The foregoing shall be Customer’s sole and exclusive remedy for any Product changes prior to delivery, and Merz shall have no other liability whatsoever for any such changes.
Changes to Products. At its sole discretion, Seller may make changes to the Products in accordance with Buyer’s instructions or requirements or as Seller deems necessary, including changes to the design, color, performance, dimensions and compositions of the Products.
Changes to Products. Xxxx may change the design, construction, or composition of the Products. In the event a significant change occurs after Customer’s order but prior to shipment, Xxxx shall notify Customer, and Customer shall be entitled to accept the changed Product, or to cancel this Agreement as to that Product only and receive a refund of any monies paid for that Product only. The foregoing shall be Customer’s sole and exclusive remedy for any Product changes prior to delivery, and Xxxx shall have no other liability whatsoever for any such changes.
Changes to Products. Section 4.01 With respect to changes to the Products, the following shall apply:
(a) Either Party shall be entitled to propose changes to the Products (including their Specifications, design, manufacturing process or manufacturing site) by written notice to the other Party setting out full details of such proposed changes (including any expected impact on the Purchase Price). Any such change request shall only be implemented upon the other Party’s prior consent (such consent not to be unreasonably withheld, conditioned or delayed – in particular in case of change requests originating from the Recipient’s end customers), except that the Supplier shall be entitled to implement any changes without the Recipient’s consent which are required to comply with applicable Law relevant to the manufacture of the Products at the relevant manufacturing site (Mandatory Changes). The Parties acknowledge that the Recipient may have to conduct testing to ensure that the performance of a Product under changed Specifications meets all applicable requirements before giving its consent to a change request.
(b) The Recipient shall bear the one-off costs arising in connection with the implementation of any Mandatory Change. For any other change, the one-off costs arising in connection with the implementation of such change shall be borne by the Party requesting the change. The Parties shall use commercially reasonable efforts to avoid or mitigate such one-off costs when implementing the relevant change. To the extent that one Party may charge one-off costs to the other Party according to this Section 4.01(b), these shall be calculated on a cost plus ten percent (10%) basis.
(c) Upon implementation of a change, the Purchase Price for the relevant Product shall be adjusted to reflect any increase or decrease of the Supplier’s Standard Costs resulting from the change.
(d) Changes to Products agreed under this Section 4.01 shall be documented and reflected in Schedule 1 and, where applicable, the Specifications of that Product.
Changes to Products. 3B may discontinue or modify the Products, modify the Product specifications, or replace the products with similar products, except that 3B may not discontinue, modify, or replace Products that are subject to an accepted and outstanding Purchase Order, unless required by law or due to a public safety issue.
Changes to Products. The Supplier may not discontinue, modify, or replace Products or Services that are subject to an accepted and outstanding Purchase Order, unless:
7.1 required by Law;
7.2 the Supplier is able to replace such Products and Services with similar or better products or services that achieve the same purpose and/or outcome;
7.3 the End Customer has agreed to such replacement of the Products and Services; and
7.4 the replacement products are no more expensive that the Products being replaced.
Changes to Products. It is understood that the basic specifications of any Product may be modified. INVO will notify immediately Distributor of significant changes in specifications that will alter the use or handling of the Product.
Changes to Products. Any product changes shall be handled in compliance with JEDEC Standard JESD 46C. Any product changes initiated by the Customer shall be accompanied by all relevant data (Product BOM) in a format reasonably acceptable to NXP.
Changes to Products. Bioject shall make changes to the Products reasonably requested by Serono, provided that Serono shall pay the cost of engineering any change to Products requested by it. Bioject shall promptly provide Serono with an estimate of such costs and receive Serono's approval of such estimate before undertaking any change to the Products. Bioject shall not make any other changes to the Products without Serono's prior written approval, which shall not be unreasonably withheld or delayed. Serono may withhold its approval in all cases where the requested change would impact its regulatory commitments or approvals with respect to human growth hormone or delivery of human growth hormone using the Products.
Changes to Products. Marco reserves the right in its sole discretion to make changes to the Products and Marco Property to maintain or enhance the quality, delivery, efficiency, effectiveness or performance thereof to its clients, provided such changes do not materially reduce the functionality of such Products and Marco Property. Either Party may request changes to its rights or obligations under a Product Agreement by providing the other a writing detailing the requested change through the project manager identified in the affected Product Agreement. The Party receiving the request shall respond in a writing either detailing the terms and conditions which apply to the requested change or denying the request.
