DISTRIBUTOR MODEL Sample Clauses

DISTRIBUTOR MODEL. Under the Distributor Model, Allegiance shall maintain the principal contractual relationship with the customer for sales, sales support, customer invoicing, accounts receivable, and customer service in connection with the supply of the Products in connection with the provision by Allegiance of Kits and Cost Management, ValueLink, and other services consolidated on an Allegiance invoice for Products and, in some instances, Allegiance products (as required by the customer). Baxter shall use reasonable efforts to cooperate with Allegiance and to facilitate Allegiance's fulfillment of its obligations hereunder. Baxter shall provide to Allegiance a suggested direct sale price including Standard Delivery (the "Suggested Sales Price") and an effective Distributor Net Sales price applicable to each such Product in connection with each Distributor Model transaction; provided, however, that Allegiance shall have the sole right and responsibility for negotiating and contracting with each customer the delivered price of the Products. If the customer has a then-current contract with Baxter for such Products, the Suggested Sales Price shall be the then-current contract price. If Baxter has an agreement with any customer for Xxxxxx'x provision of Products to such customer and such customer subsequently requests (a) Kits, and/or (b) Cost Management, ValueLink, and other services consolidated on an Allegiance invoice for such Products and, in some instances, Allegiance products, then all such Distributor Model sales of Products to such customer shall apply to any minimum purchase commitments or quantity discounts contained in Xxxxxx'x agreement with such customer.
Sample 1
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DISTRIBUTOR MODEL. Baxter shall pay to Allegiance a service fee equal to the applicable percentages (pursuant to Section 6.4) of the Distributor Net Sales of such Products.
Sample 1
DISTRIBUTOR MODEL. 3.1 If a customer approaches Xxxxxx rather than Allegiance in connection with a Distributor Model transaction, Xxxxxx will advise the customer that the customer must obtain the delivered price from Allegiance, and Xxxxxx will advise Allegiance of the Suggested Sales Price. Xxxxxx may inform the customer that it will provide a Suggested Sales Price to Allegiance, and Allegiance could use the Suggested Sales Price as a starting point. Nevertheless, Allegiance shall have the sole right to set the delivered price.
Sample 1
DISTRIBUTOR MODEL. Allegiance shall maintain the principal contractual relationship with the customer for sales, sales support, accounts receivable, and customer service in connection with the supply of the Products and Perfusion Services in connection with the provision by Allegiance of Cost Management, ValueLink and other services consolidated on an Allegiance invoice for Products, Perfusion Services and Allegiance products (as required by the customer). Baxter shall use reasonable efforts to cooperate with Allegiance and to facilitate Allegiance's fulfillment of its obligations hereunder. Baxter shall provide to Allegiance the Distributor List Price to be paid by Allegiance to Baxter and a suggested direct sale price (the "Suggested Sales Price") in connection with each Distributor Model transaction, provided, however, that Allegiance shall have the sole right and responsibility for negotiating and contracting with each customer the delivered price of the Products and
Sample 1

Related to DISTRIBUTOR MODEL

  • Distributor The Trust hereby appoints the Distributor as general distributor of shares of beneficial interest (“Series shares”) of the Trust’s WCM Funds series (the “Series”) during the term of this Agreement. The Trust reserves the right, however, to refuse at any time or times to sell any Series shares hereunder for any reason deemed adequate by the Board of Trustees of the Trust.

  • 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.

  • 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.

  • 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.

  • Licensed Software Computer program(s) provided by Contractor in connection with the Deliverables, subject to Section 14 of this Contract.

  • Third Party Products 12.1 Third-party products provided to you by NCR Voyix for use with your subscription to the Service are subject to any terms provided by their supplier, including but not limited to those terms and conditions set forth in the exhibits attached hereto. Third-party terms and conditions are subject to change at any time by the supplier, and you agree that your use of such third-party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR Xxxxx SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. 12.2 Third-party products and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided in connection with any such third-party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-party suppliers.

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

  • Recipient Products Updated Project Schedule (if applicable) • Updated List of Match Funds (if applicable) • Updated List of Permits (if applicable) • Kick-off Meeting Agenda

  • Manufacturer A firm that operates or maintains a factory or establishment that produces on the premises, the materials or supplies obtained by the Contractor. Regular Dealer - A firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. A regular dealer engages in, as its principal business and in its own name, the purchase and sale or lease of the products in question. A regular dealer in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock, if it owns and operates distribution equipment for the products. Brokers and packagers are not regarded as manufacturers or regular dealers within the meaning of this section. United States Department of Transportation (USDOT) - Federal agency responsible for issuing regulations (49 CFR Part 26) and official guidance for the DBE program.

  • PRODUCT MANUFACTURER'S SUPPLIERS Only those dealers/distributors listed by the manufacturer will be considered authorized to act on behalf of the Product Manufacturer.

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