DISTRIBUTOR and Sample Clauses

DISTRIBUTOR and its Authorized Resellers shall acquire and maintain equipment and tools required for properly servicing Contract Goods as determined by smart gmbh. 6.2 AUTHORIZED RESELLER'S WARRANTY (1) DISTRIBUTOR and its Authorized Resellers shall at their respective facility locations perform warranty work for Contract Goods including versions of equal goods not intended for sale in the Contract Territory. The preceding sentence shall apply in each case, regardless of whether the goods are in the Contract Territory temporarily or permanently, or where or by whom the goods were acquired. (2) Warranty operations and processes shall be in accordance with the DaimlerChrysler Warranty Procedure Manual or other manual established by smart gmbh ("Warranty Manual") in effect at the time that a warranty case occurs. The Warranty Manual will be made available for DISTRIBUTOR online. smart gmbh may at any time, with immediate effect, modify the Warranty Manual or implement new procedures for approving, verifying, and controlling the quality of warranty service and for warranty claim preparation. DISTRIBUTOR and its Authorized Resellers shall allow smart gmbh access to their respective facilities to observe the performance or administration of warranty service. (3) Warranty obligations shall follow the warranty terms provided by smart gmbh for the Contract Territory. If DISTRIBUTOR or its Authorized Resellers are obliged by Applicable Law to provide more extensive warranty, they shall notify smart gmbh. If DISTRIBUTOR or its Authorized Resellers feel that more extensive warranty should be provided in the Contract Territory for other reasons, they shall only provide that warranty with smart gmbh's prior consent. Warranty obligations for equal goods purchased outside the Contract Territory shall follow the warranty terms that apply in the place of purchase outside the Contract Territory if DISTRIBUTOR is made aware of them in writing. In all of the cases referred to in this Clause (3), smart gmbh (or the DaimlerChrysler Group Company or licensee selling the goods) shall only be liable for the warranty coverage provided by it to the first purchaser. (4) DISTRIBUTOR shall ensure that all warranty claims are settled in accordance with the Warranty Manual and without delay. Depending on the technical requirements, warranty work shall consist either of replacement or repair, without any charge to the customer for labor, parts, freight and customs duty. (5) DISTRIBUTOR and its Authorized ...
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DISTRIBUTOR and. CARRIER acknowledge that this Agreement evidences a transaction in interstate commerce and that the United States Arbitration Act and Federal Arbitration law shall govern the interpretation and enforcement of, and proceedings pursuant to, this or a prior Agreement.
Sample 1
DISTRIBUTOR and. CARRIER acknowledge and agree that each is waiving its respective right to a trial by jury, both acknowledge that arbitration is final and binding and subject to only very limited review by a court. If for some reason this arbitration clause is at some point deemed inapplicable or invalid, CARRIER and DISTRIBUTOR agree to waive, to the fullest extent allowed by law, any trial by jury, in such case, a judge shall decide the subject dispute or claim. DISTRIBUTOR, CARRIER and Arbitrator(s) shall not disclose the existence, content, or results of any arbitration. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Sample 1
DISTRIBUTOR and its Authorized Resellers shall acquire and maintain equipment and tools required for properly servicing Contract Goods as determined by smart gmbh.
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DISTRIBUTOR and its Authorized Resellers shall each maintain on organized library of smart gmbh's technical service publications (including, without limitation, service and diagnostic manuals, service and recall bulletins and applicable labor time schedules) for Contract Goods as may be from time to time supplied by smart gmbh. DISTRIBUTOR and its Authorized Resellers shall at all times utilize all lawful methods to access those of smart gmbh's databases, electronic media information services and websites that have been opened for them. DISTRIBUTOR and its Authorized Resellers shall observe the rules, terms and conditions relating to the use of the Systems from time to time implemented by smart gmbh.
Sample 1

Related to DISTRIBUTOR and

  • Distributor The Distributor represents and warrants that: (i) the Distributor is a limited partnership duly organized and in good standing under New York law; (ii) the Distributor is registered as a broker-dealer under federal and applicable state securities laws and is a member of the NASD; and (iii) the Distributor is registered as an investment adviser under federal securities laws.

  • Distributors In addition to direct sales to Clients, Supplier grants Accenture: (i) the right to resell Products and Services to a third-party distributor (“Distributor”) for resale to Client or to a financing company for leasing to Client.

  • Subdistributors Subject to the provisions of this Section 2.2, Nipro --------------- may appoint one or more third parties, with a reputation for competence and ethical behavior, within any portion of the Territory to distribute the FreeStyle Products in the Field of Use. Within twenty (20) days after the appointment of such Subdistributor, Nipro shall notify TheraSense of the identity of such Subdistributor. Nipro shall not sell or otherwise transfer the FreeStyle Products to any Subdistributor until such Subdistributor enters into a form of written agreement ("Subdistributor Agreement") with Nipro, binding the Subdistributor to terms and conditions substantially similar to those terms and conditions agreed upon by Nipro in this Agreement. Further, Nipro shall only grant Subdistributors the right to make sales of the FreeStyle Products in the Territory in the Field of Use. Nipro agrees to terminate a Subdistributor's right to distribute the FreeStyle Products promptly upon becoming aware that such Subdistributor, or its authorized distributor(s) or reseller(s), is selling or otherwise distributing the FreeStyle Products in violation of its Subdistributor Agreement. Each Subdistributor Agreement shall contain provisions making TheraSense a direct and intended third party beneficiary of such Subdistributor Agreement.

  • Products and Services General Information The Vendor Agreement (“Agreement”) made and entered into by and between The Interlocal Purchasing System (hereinafter “TIPS”) a government cooperative purchasing program authorized by the Region 8 Education Service Center, having its principal place of business at 0000 XX Xxx 000 Xxxxx, Xxxxxxxxx, Xxxxx 00000 and the TIPS Vendor. This Agreement consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth shall control unless otherwise agreed by the parties in writing and by signature and date on the attachment. A Purchase Order (“PO”), Agreement or Contract is the TIPS Member’s approval providing the authority to proceed with the negotiated delivery order under the Agreement. Special terms and conditions as agreed between the Vendor and TIPS Member should be added as addendums to the Purchase Order, Agreement or Contract. Items such as certificate of insurance, bonding requirements, small or disadvantaged business goals are some, but not all, of the possible addendums.

  • Supplier A manufacturer, fabricator, distributor, supplier, or vendor of goods or equipment in connection with the Work, or any other party having a Contract or Purchase Order with the Contractor or with a Subcontractor to furnish materials or equipment to be incorporated in the Work by the Contractor or a Subcontractor.

  • 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.

  • Sub-Distributors MMLD may enter into sub-distributor’s agreements with persons (“Sub-Distributors”) pursuant to which MMLD delegates any or all of its functions hereunder to one or more Sub-Distributors provided that a majority of the Trust’s Board of Directors that are not interested persons of the Trust or MMLD approve the agreement. MMLD shall pay all compensation of any such Sub-Distributors and will have the right to terminate the services of any Sub-Distributor at any time on no more than 60 days’ notice.

  • Marketing Materials (a) During the term of this Agreement, the Sub-Adviser agrees to furnish the Manager at its principal office for prior review and approval by the Manager all written and/or printed materials, including but not limited to, PowerPointÒ or slide presentations, news releases, advertisements, brochures, fact sheets and other promotional, informational or marketing materials (the “Marketing Materials”) for internal use or public dissemination, that are produced or are for use or reference by the Sub-Adviser, its affiliates or other designees, broker-dealers or the public in connection with the Series, and Sub-Adviser shall not use any such materials if the Manager reasonably objects in writing within five business days (or such other period as may be mutually agreed) after receipt thereof. Marketing Materials may be furnished to the Manager by first class or overnight mail, facsimile transmission equipment, electronic delivery or hand delivery.

  • Company Products Section 2.7(c) of the Company Disclosure Letter sets forth a list (by name and version number) of all products, software or service offerings of the Company or any of its Subsidiaries (collectively, “Company Products”) that are currently being sold, distributed, provided or otherwise disposed of, or which the Company or any of its Subsidiaries currently supports or is obligated to support or maintain, or any products or services under development which the Company intends to make commercially available within 12 months of the date hereof.

  • Manufacture 2.1. The LED(s) on the LED module shall be equipped with suitable fixation elements.

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