Common use of Goods Must be New Clause in Contracts

Goods Must be New. 2.1 All Goods supplied by the Supplier, excepting Goods supplied in accordance with Section 5.4 of this Schedule B, must be new and unused. 2.2 The Goods must also: (a) be off-the-shelf, meaning they must be composed of standard equipment requiring no further research or development; (b) be a model that is still in production by the manufacturer at the time of delivery; and (c) conform to the version of the applicable specification or part number of the manufacturer in effect at the time of delivery for the purposes of replacements or expansion for the Term of this Agreement; in the alternative, the Supplier will ensure substitute components are integrated into the solution should these components be discontinued or if the specific parts are not available, Supplier shall make alternatives available to conform to the specifications, meaning the written description of the Services or Goods functional attributes and performance capabilities that are set out as requirements in the RFP, or as the same may be amended or supplemented in the Supplier Proposal, available to the Local Government, which may be at additional cost.

Appears in 6 contracts

Samples: Service Agreement, Service Agreement, Service Agreement

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Goods Must be New. 2.1 All Goods supplied by the Supplier, excepting Goods supplied in accordance with Section 5.4 8.4 of this Schedule B, must be new and unused. 2.2 The Goods must also: (a) be off-the-shelf, meaning they it must be composed of standard equipment requiring no further research or development; (b) be a model that is still in production by the manufacturer at the time of delivery; and (c) conform to the version of the applicable specification or part number of the manufacturer in effect at the time of delivery for the purposes of replacements or expansion for the Term Term, or Renewal Term, of this Agreement; in the alternative, the Supplier will ensure substitute components are integrated into the solution should these components be discontinued or if the specific parts are not available, Supplier shall make alternatives available to conform to the specificationsSpecifications, meaning the written description of the Services or Goods functional attributes and performance capabilities that are set out as requirements in the RFP, or as the same may be amended or supplemented in the Supplier Proposal, available to the Local Government, which may be at additional cost.

Appears in 4 contracts

Samples: Supply and Installation Agreement, Supply and Delivery Agreement, Supply Agreement

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