Field Returns Sample Clauses

Field Returns. Field returns are justified complaints on the part of XXXXXX’x customer for products which have already left the manufacturing plants of XXXXXX’x customers, which means for which the inter- mediary, the distributor or end user were already supplied with the final product or the spare part and whose defects lie within the accountability of the Supplier. For field returns, the Supplier shall reimburse 40 times the amount of the XXXXXX product to the amount of the ex-works price per defective final article affected. In the event that the amount which XXXXXX has to reimburse to the XXXXXX customer, is different, the difference among the amount to be reimbursed and the amount paid to the customer shall be reimbursed to, or reclaimed by, the Supplier at the end of the billing period.
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Field Returns. 2.3.1 Applies to components that have been placed into service. Warranty on such components will start from the “In Service” date of the Altec unit. 2.3.2 Suppliers will be contacted for a return authorization. Two business days will be allowed for response from the supplier. Once authorization is received, or response period has elapsed, the return process will begin. 2.3.3 All components returned to Altec under the terms of the Altec Limited Warranty will be returned to the original supplier of the component. At that time, Altec will debit the supplier for the component’s most current cost to Altec and freight expense. 2.3.4 Labor and travel terms will be determined per each supplier. In alignment with the Altec Limited Warranty, travel cost can only be charged back to the supplier within the first 90 days that the unit is in service with an Altec customer. 2.3.5 Altec will require that a supplier share in the responsibility for all expenses incurred due to a required component recall. These expenses may include, but not be limited to, labor, travel, freight, expenses and/or fines. 2.3.6 Repaired components (field returns) can be accepted as warranty replacements. Components must be returned in an “as new” condition. They cannot be returned for use in production. 2.3.7 The supplier will have 30 days from receipt of component at the supplier’s manufacturing facility to evaluate the component and return a complete and documented evaluation of the failed component. If no response is received within 30 days, the debit will stand. Suppliers will be measured on the timeliness of responses and past due evaluations. Altec will not be responsible for fees relating to evaluation of returned components. 2.3.8 If it is agreed that a component failed for reasons that would not fall under supplier responsibilities, Altec will reimburse the debited cost within 30 days of such agreement.
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Field Returns. AS SET FORTH IN APPENDIX 4 -WARRANTIES AND SUPPORT CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
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Field Returns. AS SET FORTH IN APPENDIX 4 -WARRANTIES AND SUPPORT 10 TERMS OF PAYMENT All payments under the [*] mode of operation shall be made [*] days from the date of creation of the Self Billing Invoice (at LOCAL BUYER), subject to Nokia Bank Link Policy as defined in the Purchase Agreement. The creation of the Self - Billing invoice is [*] days from transfer of title from SELLER to LOCAL BUYER of the Parts. In the event that payment is not made with in such [*] days, LOCAL BUYER shall pay a penalty of [*] per cent per annum, not to exceed the rate of [*] per cent per month, of the amount owed to SELLER. 11 INVOICING 11.1 SELF-BILLING Self-billing may be used as part of any Inbound Logistics mode of operations. In this case the invoicing between the LOCAL BUYER and SELLER is managed by utilizing EDI (Electric Data Interchange) and/or Web-solutions or by other mutually agreed way. SELLER will get a report from LOCAL BUYER according to consumed Parts from stock [*] according to which the payment is done to SELLER within the term of payment and agreed contract price. Parts are considered to be consumed when they are moved from consignment stock to LOCAL BUYER's use. Even when self-billing is used SELLER must send a pro forma invoice for customs clearance with each shipment. The self-billing report shall include the following information: CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
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Field Returns. 9.6.1 Dell may make field returns directly to Quantum. At Quantum's request, or Dell's option, Dell will consolidate field returns into five (5) regions and send them back to Quantum's manufacturing locations on a monthly basis without testing: (a) the Americas; (b) Europe, Middle East and Africa; (c) Japan; (d) China; and (c) Asia, other than Japan and China. Quantum will perform tests within [*] after receipt of failed Products and ship replacement Products as provided in Section 9.2. 9.6.2 As a goal, the Parties agree to collaborate on a process where Quantum would give Dell access to a web-based return material authorization ("RMA") delivery procedure that will provide Dell with immediate access to RMA Numbers on an as-needed basis. At a minimum, Dell will have access to and use of blocks of at least 500 RMA numbers at any time. 9.6.3 Quantum will perform all testing required by this Agreement. The Parties will work together to segregate and separately report line and field returns by Dell's manufacturing locations. At Dell's request, Quantum will provide a preliminary failure analysis report within [*] after receipt of Products. Quantum will complete a final failure analysis report within [*] after receipt of Products and a second level (to component level) analysis within [*] after receipt of Products. Dell will provide Quantum with relevant failure date and error logs, as necessary. Quantum will provide a monthly failure analysis report, including (at a minimum) the following information as available: (a) serial number; (b) Dell-provided symptom; (c) Quantum subsystem; (d) defect found, if any; (e) root cause; (f) short term fix; and (g) long term corrective action. 9.6.4 If Quantum has reasonable cause to believe that Dell's quality control process has allowed [*] or more of No Fault Found ("NFF") Products to be returned to Quantum, Quantum will notify Dell. Dell and Quantum will cooperate to examine Dell's process and work to improve service delivery to reduce NFF Products. The Parties will confer to address appropriate steps to correct Dell's quality control process. The Parties will establish an acceptable verification process for NFF Products. 9.6.5 For Products failing in the field, Dell will pay transportation charges for shipping Products to Quantum's manufacturing locations and Quantum will pay transportation charges for shipping repaired or replacement Products to Dell's designated location.
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Related to Field Returns

  • Amended Returns Any amended Tax Return or claim for Tax refund, credit or offset with respect to any member of the Mtron Group may be made only by the Company (or its Affiliates) responsible for preparing the original Tax Return with respect to such member pursuant to Sections 3.1 or 3.2 (and, for the avoidance of doubt, subject to the same review and comment rights set forth in Sections 3.1 or 3.2, to the extent applicable). Such Company (or its Affiliates) shall not, without the prior written consent of the other Company (which consent shall not be unreasonably withheld or delayed), file, or cause to be filed, any such amended Tax Return or claim for Tax refund, credit or offset to the extent that such filing, if accepted, is likely to increase the Taxes allocated to, or the Tax indemnity obligations under this Agreement of, such other Company for any Tax Year (or portion thereof); provided, however, that such consent need not be obtained if the Company filing the amended Tax Return by written notice to the other Company agrees to indemnify the other Company for the incremental Taxes allocated to, or the incremental Tax indemnity obligation resulting under this Agreement to, such other Company as a result of the filing of such amended Tax Return.

  • Separate Returns In the case of any Tax Contest with respect to any Separate Return, the Party having the liability for the Tax pursuant to Article II hereof shall have the sole responsibility and right to control the prosecution of such Tax Contest, including the exclusive right to communicate with agents of the applicable Taxing Authority and to control, resolve, settle, or agree to any deficiency, claim, or adjustment proposed, asserted, or assessed in connection with or as a result of such Tax Contest.

  • Product Returns Client will have the responsibility for handling customer returns of the Products. Patheon will give Client any assistance that Client may reasonably require to handle the returns.

  • Company Tax Returns The Company shall file all tax returns, if any, required to be filed by the Company.

  • Reports and Returns Seller shall promptly after the Closing prepare and file all reports and returns required by Legal Requirements relating to the business of Seller as conducted using the Assets, to and including the Effective Time.

  • Taxes and Returns (a) Each Target Company has or will have timely filed, or caused to be timely filed, all Tax Returns and reports required to be filed by it (taking into account all available extensions), which Tax Returns are true, accurate, correct and complete in all material respects, and has paid, collected or withheld, or caused to be paid, collected or withheld, all Taxes required to be paid, collected or withheld, other than such Taxes for which adequate reserves in the Company Financials have been established in accordance with GAAP. Schedule 4.14(a) sets forth each jurisdiction in which each Target Company files or is required to file a Tax Return. Each Target Company has complied with all applicable Laws relating to Tax. (b) There is no current pending or, to the Knowledge of the Company, threatened Action against a Target Company by a Governmental Authority in a jurisdiction where the Target Company does not file Tax Returns that it is or may be subject to taxation by that jurisdiction. (c) No Target Company is being audited by any Tax authority or has been notified in writing or, to the Knowledge of the Company, orally by any Tax authority that any such audit is contemplated or pending. There are no claims, assessments, audits, examinations, investigations or other Actions pending against a Target Company in respect of any Tax, and no Target Company has been notified in writing of any proposed Tax claims or assessments against it (other than, in each case, claims or assessments for which adequate reserves in the Company Financials have been established). (d) There are no Liens with respect to any Taxes upon any Target Company’s assets, other than Permitted Liens. (e) Each Target Company has collected or withheld all Taxes currently required to be collected or withheld by it, and all such Taxes have been paid to the appropriate Governmental Authorities or set aside in appropriate accounts for future payment when due. (f) No Target Company has any outstanding waivers or extensions of any applicable statute of limitations to assess any amount of Taxes. There are no outstanding requests by a Target Company for any extension of time within which to file any Tax Return or within which to pay any Taxes shown to be due on any Tax Return. (g) No Target Company has made any change in accounting method or received a ruling from, or signed an agreement with, any taxing authority that would reasonably be expected to have a material impact on its Taxes following the Closing. (h) No Target Company has any Liability for the Taxes of another Person (other than another Target Company) (i) under any applicable Tax Law, (ii) as a transferee or successor, or (iii) by contract, indemnity or otherwise. No Target Company is a party to or bound by any Tax indemnity agreement, Tax sharing agreement or Tax allocation agreement or similar agreement, arrangement or practice with respect to Taxes (including advance pricing agreement, closing agreement or other agreement relating to Taxes with any Governmental Authority) that will be binding on the Company or its Subsidiaries with respect to any period following the Closing Date. (i) No Target Company has requested, or is the subject of or bound by any private letter ruling, technical advice memorandum, closing agreement or similar ruling, memorandum or agreement with any Governmental Authority with respect to any Taxes, nor is any such request outstanding.

  • Tax Returns; Taxes (a) Except as otherwise disclosed on Schedule 4.15(a): (i) all Tax Returns of the Company and each Subsidiary due to have been filed through the date hereof in accordance with any applicable Law have been duly filed and are correct and complete in all material respects; (ii) all Taxes, deposits of Taxes or other payments relating to Taxes due and owing by the Company and each Subsidiary (whether or not shown on any Tax Return) have been paid in full; (iii) there are not now any extensions of time in effect with respect to the dates on which any Tax Returns of the Company or any Subsidiary were or are due to be filed; (iv) all deficiencies asserted as a result of any examination of any Tax Returns of the Company or any Subsidiary have been paid in full, accrued on the books of the Company or a Subsidiary, as applicable, or finally settled, and no issue has been raised in any such examination which, by application of the same or similar principles, reasonably could be expected to result in a proposed deficiency for any other period not so examined; (v) no claims have been asserted and no proposals or deficiencies for any Taxes of the Company or any Subsidiary are being asserted, proposed or, to the Knowledge of any Member, threatened, and no audit or investigation of any Tax Return of the Company or any Subsidiary is currently underway, pending or, to the Knowledge of any Member, threatened; (vi) no claim has ever been made by a Taxing authority in a jurisdiction in which the Company or any Subsidiary does not file Tax Returns that it is or may be subject to taxation by that jurisdiction; (vii) the Company and each Subsidiary has withheld and paid all Taxes required to have been withheld and paid in connection with amounts paid or owing to any employee, independent contractor, creditor, equity holder or other third party; (viii) there are no outstanding waivers or agreements by or on behalf of the Company or any Subsidiary for the extension of time for the assessment of any Taxes or deficiency thereof, nor are there any requests for rulings, outstanding subpoenas or requests for information, notice of proposed reassessment of any property owned or leased by the Company or any Subsidiary or any other matter pending between the Company or any Subsidiary and any Taxing authority; (ix) there are no Liens against any assets or property of the Company or any of its Subsidiaries for Taxes (other than Liens for Taxes which are not yet due and payable), nor are there any such Liens for Taxes which are pending or, to the Knowledge of any Member, threatened; (x) neither the Company nor any Subsidiary is a party to any Tax allocation, sharing or indemnification agreement under which the Company or any Subsidiary will have any Liability after the Closing; (xi) neither the Company nor any Subsidiary has any Liability for the Taxes of any Person (other than for itself) under U.S. Treasury Regulations Section 1.1502-6 (or any similar provision of Law), as a transferee or successor, by contract, or otherwise; and (xiii) the Company and each Subsidiary has at all times used proper accounting methods and periods in computing their Tax Liability. (b) Except as set forth on Schedule 4.15(b), the Company has delivered to the Purchaser correct and complete copies of all Tax Returns (together with any agent’s reports and any accountants’ work papers) relating to its respective operations and each of its Subsidiaries for taxable periods ended on or after December 31, 2014. (c) Neither the Company nor any of its Subsidiaries has been a party to any “reportable transaction” as defined in Treasury Regulations Section 1.6011-4(b). (d) The Company has, at all times since the date of its formation, been classified for federal (and all applicable state and local) income tax purposes as a partnership and not as a corporation, an association taxable as a corporation or a publicly traded partnership taxable as a corporation. Each Subsidiary of the Company has, at all times since the date of its formation, been classified for federal (and all applicable state and local) income tax purposes as a disregarded entity. (e) The Company has not elected to have the revised partnership tax audit procedures set forth in Subchapter C of Subtitle A, Chapter 63 of the Code, as amended by the Bipartisan Budget Act of 2015, P.L. 114-74 (together with any subsequent amendments thereto, Treasury Regulations promulgated thereunder and published administrative interpretations thereof, the “Revised Partnership Tax Audit Procedures”) apply to the Company, including by way of an election under Treasury Regulations Section 301.9100-22T.

  • Tax Returns (a) Parent shall prepare or cause to be prepared and file or cause to be filed when due all Tax Returns required to be filed for taxable periods of each Business Entity other than Aleris Germany ending on or before the Closing Date, and shall pay or cause to be paid any Taxes due in respect of such Tax Returns. To the extent such Taxes (including Taxes treated as Transaction Expenses) are taken into account as liabilities in the calculation of Net Working Capital, Parent shall provide Buyer with written notice of such payment, and within ten (10) Business Days of receipt of such written notice of payment, Buyer shall reimburse Parent for such Taxes. No later than ninety (90) days after the Closing Date, Buyer shall cause each Business Entity to furnish to Parent Tax information relating to such Business Entity, consistent with the past practice and custom of Sellers and such Business Entity. (b) Buyer shall procure that Aleris Germany (i) shall instruct a German tax adviser selected by Parent to prepare (observing comments and instructions of the Parent) all annual Tax Returns required to be filed for taxable periods of Aleris Germany ending on or before the Closing Date, (ii) shall review and sign off on the draft Tax Returns and (iii) instruct the tax adviser to file such Tax Returns when due. Parent shall pay or cause to be paid any Taxes due and payable by Aleris Germany in respect of such Tax Returns (except to the extent such Taxes (including Taxes treated as Transaction Expenses) are taken into account as liabilities in the calculation of Net Working Capital). No later than ninety (90) days after the Closing Date, Buyer shall cause Aleris Germany to furnish to Parent and the tax adviser Tax information relating to it, consistent with the past practice and custom of the Sellers and Aleris Germany. (c) Except as provided in Section 6.03(a), Section 6.03(b) and Section 6.03(e), Buyer shall prepare or cause to be prepared and file or cause to be filed when due all Tax Returns required to be filed by any Business Entity, and shall pay or cause to be paid any Taxes due in respect of such Tax Returns. (d) Any Tax Return required to be filed with respect to a Straddle Period of any Business Entity shall be prepared in accordance with the past practice and custom of Sellers and such Business Entity and shall be submitted (with copies of any relevant schedules, work papers and other documentation then available) to Parent for Parent’s written approval not less than thirty (30) days prior to the due date for the filing of such Tax Return, which written approval shall not be unreasonably withheld, conditioned or delayed. Parent shall have the option of providing to Buyer, at any time at least fifteen (15) days prior to the due date, written instructions as to the manner in which any, or all, of the items for which it may be liable hereunder shall be reflected on such Tax Return. Buyer shall, in preparing such Tax Return, cause the items for which Parent may be liable hereunder to be reflected in accordance with Parent’s instructions, to the extent permitted by Law. (e) The Person required by applicable Law to file any Tax Returns or other documentation with respect to any Transfer Taxes shall prepare and file such Tax Returns or other documentation and pay the Taxes due with respect thereto. Parent and Buyer shall each, and shall each cause their Affiliates to, cooperate in the timely preparation and filing of, and join in the execution of, any such Tax Returns and other documentation. (f) To the extent a party pays Taxes pursuant to this Section 6.03 for which such party is not responsible under Section 6.01, the paying party shall, in good faith, provide the other party’s representative (Parent or Buyer, as the case may be), with written notice of such payment, and within ten (10) Business Days of receipt of such written notice of payment, the non-paying party’s representative shall reimburse the paying party for the non-paying party’s share of the paid Taxes.

  • Tax Information Returns and Reports The Service Provider shall prepare and file, and require to be prepared and filed by any brokers or banks as to their Customers, with the appropriate governmental agencies, such information, returns and reports as are required to be so filed for reporting: (i) dividends and other distributions made; (ii) amounts withheld on dividends and other distributions and payments under applicable federal and state laws, rules and regulations; and (iii) gross proceeds of sales transactions as required.

  • Income Tax Returns Borrower has no knowledge of any pending assessments or adjustments of its income tax payable with respect to any year.

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