Equipment and Parts. (08/19) Contractor warrants that Equipment and parts will be new, the latest model (or the one that meets the City’s Specifications), and be free from Defects in design, material and workmanship. If Contractor proposes to provide refurbished, reclaimed or remanufactured parts or Equipment to the City, Contractor shall request the City’s approval in writing in advance of delivery of Goods and the City retains the right to approve or refuse Contractor’s use of refurbished, reclaimed, or remanufactured parts. If the City approves the use of refurbished, reclaimed, or remanufactured parts or Equipment, Contractor warrants such Equipment have the same warranty as that of new and current Equipment and are subject to all the same provisions of this Contract. If Contractor uses refurbished, reclaimed, or remanufactured parts without the prior approval required by the City, Contractor may be required, at the City’s sole discretion, to replace such parts and Equipment with new and current manufactured parts and Equipment at Contractor’s sole expense.
Equipment and Parts. Except as provided by the Transaction Documents, and to or in favour of the applicable Obligor, AGCO Iberia shall not, and shall not purport to, sell or otherwise transfer or dispose of, or grant any option with respect to, or create or suffer to exist any Adverse Claim upon or with respect to any Equipment or Parts and AGCO Iberia shall take all reasonable steps within its power to defend the right, title and interest of the Company in, to and under any of the foregoing property, against all claims of third parties claiming through or under AGCO Iberia.
Equipment and Parts. (a) The Parties agree that no change parts or modifications to the Lehigh Valley Brewery are necessary for the production of the current volume of Products in their current package configurations and liquid specifications, as specified in Schedule A, in volumes consistent with the volumes produced while the Lehigh Valley Brewery was operated entirely by Diageo [ * ].
(b) Diageo shall pay for all equipment, change parts and/or modifications to the Lehigh Valley Brewery that are or become reasonably necessary for the production of New Products (as defined below); for a material change in the recipe, formulation or specifications of a Product; or for new package configurations, if any. Upon termination of this Agreement, if requested by Boston Beer, Diageo shall remove such equipment, change parts and/or modifications at its expense and shall, if needed, repair or reimburse Boston Beer for the reasonable and necessary cost of returning the affected parts of the Lehigh Valley Brewery to their condition prior to their installation, normal wear and tear excluded.
Equipment and Parts. All of the tools, equipment and parts required by Contractor for the performance of the Works other than items provided by the Company, if any, detailed in the Technical Specifications.
Equipment and Parts. 7.1 Where Ocean Telecom diagnoses that the fault is in connection with the Equipment, and replacement parts and/or manufacturer support is required, Ocean Telecom will do one or both of the following:
(a) Provide parts either from Ocean Telecom’s stock or from the manufacturer or supplier, provided that the Customer will pay to Ocean Telecom all costs, charges and expenses for the provision of the parts, except where the cost of parts is specifically included in the Services Schedule.
(b) Contact the manufacturer of the Equipment and notify them (or their authorized representative) of the fault, on the Customer’s behalf, and arrange for the rectification of the Equipment Fault provided that the Customer will pay to Ocean Telecom all costs, charges and expenses charged by the manufacturer for that rectification (save when the Equipment is repaired under manufacturers warranty) and/or any carriage costs incurred in the return of the Equipment to the manufacturer, except where the cost of such manufacturer’s repairs is specifically included in the Services Schedule.
7.2 The Customer authorizes Ocean Telecom to acquire (or supply from its own stock) parts on the Customer’s behalf, at the Customer’s expense. Prior to obtaining parts costing in excess of any cap identified in the Services Schedule, Ocean Telecom shall obtain the Customer’s written authorization.
Equipment and Parts. There will be no percentage markup increase during the term of the Contract. Item #4 – Surcharge for Lift Equipment: Surcharge Percentage will remain firm for the term of the Contract. During this period, the Contractor may submit a request in writing to DAS for a price adjustment that is consistent with and relative to price changes originating with and compelled by manufacturer and/or market trends and which changes are outside of the Contractor’s control. The Contractor must fully document its request, attaching to the request, without limitation, such manufacturer and market data, as support the requested adjustment. DAS may, in its sole discretion, approve or disapprove the requested adjustment, in whole or in part. Any approved adjustment shall be final and shall remain unchanged.
Equipment and Parts. (09/17) Contractor warrants that Equipment and parts will be new, the latest model, and free from Errors in material and workmanship. If Contractor proposes to provide refurbished, reclaimed or remanufactured parts or Equipment to the City, Contractor shall request the City’s approval in writing in advance of Delivery of Products and the City retains the right to approve or refuse Contractor’s use of refurbished, reclaimed, or remanufactured parts. If the City approves the use of refurbished, reclaimed, or remanufactured parts or Equipment, Contractor warrants such Equipment have the same warranty as that of new and current Equipment and are subject to all the same provisions of this Contract. If Contractor uses refurbished, reclaimed, or remanufactured parts without the prior approval required by the City, Contractor may be required, at the City’s sole discretion, to replace such parts and Equipment with new and current manufactured parts and Equipment at Contractor’s sole expense.
