General Loaned Equipment Terms Sample Clauses

General Loaned Equipment Terms. (i) Pentax offers Loaned Equipment for customers who own or lease Pentax brand equipment while Pentax equipment in their possession is returned to Pentax for inspection, quotation and repair. Pentax will release Loaned Equipment upon receipt of the Pentax Repair Notification form, authorized by Customer’s signature, requesting Loaned Equipment. (ii) Pentax reserves the right to provide Loaned Equipment at its sole discretion, and reserves the right to request the return of Loaned Equipment at any time. (iii) Loaned Equipment remains the exclusive property of Pentax and must be returned to Pentax at the earliest of (a) return of Customer’s Equipment, (b) termination or expiration of this Agreement, or (c) immediately upon request by Pentax. (iv) Customer shall execute any and all documents requested by Pentax to evidence Pentax’s title to and ownership of Loaned Equipment. (v) Customer shall not lease, sell or otherwise transfer custody of Loaned Equipment. (vi) Customer shall keep Loaned Equipment free from any liens, claims or encumbrances of any kind. (vii) Customer shall not move Loaned Equipment from Customer’s site. (viii) Customer is responsible for freight charges incurred to ship Loaned Equipment to Customer’s location. Such freight charges will be added to the Customer's Pentax Repair Invoice. (ix) Freight charges to return Loaned Equipment to a Pentax Service Center will be paid by Pentax. Pentax will include an airway bill with the return of the repaired customer equipment, which is to be used for the return of Loaned Equipment to Pentax. Customer shall ship Loaned Equipment using original or otherwise proper shipping containers and packaging materials to prevent shipping damage to Loaned Equipment. In the event that the Pentax-issued airway bill is used to ship equipment other than Loaned Equipment, charges for this shipment will be added to Customer's Repair Invoice. (x) Customer shall ship Pentax equipment in its possession to a Pentax Service Center location for repair within three (3) business days of receipt of the associated Loaned Equipment. (xi) Customer shall return Loaned Equipment to a Pentax Service Center location within five (5) business days of receipt from Pentax of returned Customer’s equipment, such equipment either repaired or otherwise returned, subject to a usage fee of $200.00 per day thereafter, or such higher daily usage fee as may then be applicable. (xii) Pentax will make every effort to ship Loaned Equipment of the sa...
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Related to General Loaned Equipment Terms

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • Definitions For purposes of this Agreement:

  • Termination In the event that either Party seeks to terminate this DPA, they may do so by mutual written consent so long as the Service Agreement has lapsed or has been terminated. Either party may terminate this DPA and any service agreement or contract if the other party breaches any terms of this DPA.

  • Entire Agreement This DPA and the Service Agreement constitute the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior communications, representations, or agreements, oral or written, by the Parties relating thereto. This DPA may be amended and the observance of any provision of this DPA may be waived (either generally or in any particular instance and either retroactively or prospectively) only with the signed written consent of both Parties. Neither failure nor delay on the part of any Party in exercising any right, power, or privilege hereunder shall operate as a waiver of such right, nor shall any single or partial exercise of any such right, power, or privilege preclude any further exercise thereof or the exercise of any other right, power, or privilege.

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

  • NOW, THEREFORE the parties hereto agree as follows:

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written.

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