Materials and Products. A. Except as otherwise specifically stated in this Contract, CONTRACTOR shall provide and pay for all materials, supplies, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of every kind and all other services and facilities necessary to perform and complete this Contract within the time specified.
B. Unless otherwise specified, all materials shall be new and of good quality.
C. Materials shall be furnished in ample quantities and at times to ensure uninterrupted progress of the Project and shall be properly stored and protected. CONTACTOR shall be solely responsible for any damage or loss by weather or other causes to materials or work under this Contract.
Materials and Products. 10.6.1 During the Work performance the Contractor shall be obliged to use solely such materials and Products, the information for ordering or usage of which it obtained only from this Contract, descriptions and data such as they are handed over or approved by the Employer and according to the works procedure. In the cases when the Contractor used during the Work performance Products or material ordered regardless of the respective documentation, the Contractor shall not have the right to claim compensation of costs that have arisen in this connection.
10.6.2 During the Work performance, the Contractor shall be obliged to use only materials and Products not encumbered by the rights of third parties.
10.6.3 The Contractor shall be obliged to store all materials and Products delivered to the Taken over Parts of Site so as to prevent their loss, misappropriation, damaging or destruction and to observe the technical conditions of the producer if they have been issued.
10.6.4 Descriptions of technologies and working procedures used by the Contractor shall be accessible in the Contractor´s respective space on the Taken over Parts of Site for the full period of the Work performance until the Handover and Acceptance of the Work.
10.6.5 The Contractor shall be obliged to use for the parts of the Work which will be assembled on the construction exclusively new materials and Products (not those formerly used even if reconditioned).
10.6.6 If the materials and Products and the standard of their design are not fully specified they shall in each case be:
(i) Appropriate for the purpose of the contractual works as set forth in this Contract or as follows from this Contract; and
(ii) In conformity with the proven construction practice and respective Standards valid in the period of the Work performance.
Materials and Products. 2.1.1 Basic managerial practices with nanomaterials and nanoproducts have been identified.
Materials and Products. 4.01 Fabricator agrees to purchase exclusively from Company all Materials required by Fabricator to fabricate the Products at the prices listed in Exhibit “B” attached hereto or at such other prices and terms as may be established by Company from time to time.
4.02 Fabricator agrees to display the trademark “DuraMAX”, together with applicable registration particulars, in such a manner as Company may direct, on all Products and marketing materials relating thereto produced, distributed and/or sold by Fabricator.
4.03 Fabricator shall not obtain Materials for Products from any other source other than Company. Fabricator acknowledges that the Materials listed on Exhibit “B” for each Product represent material elements of that Product, and that the use of the Materials not supplied by Company may adversely affect the quality or other characteristics of each such Product. In the event Fabricator determines that Materials which are not manufactured by Company are required for fabrication of certain of the Products (the “Unavailable Materials”), Licensee shall give notice to Company (the “Unavailable Materials Notice”) setting forth the exact specifications of the Unavailable Materials, the quantity required, the proposed third party source of the Unavailable Materials, the price to be paid and other material terms of the proposed supply contract. Company shall have the right, for a period of thirty (30) days after receipt of the Unavailable Materials Notice, to notify Licensee in writing that Company intends to supply the Unavailable Materials to Licensee at the price and terms set forth in the Unavailable Materials Notice. If Company elects to supply the Unavailable Materials, Licensee shall not be permitted to acquire the Unavailable Materials from any outside source, but shall be required to purchase all such Unavailable Materials from the Company. If Company does not so elect to supply the Unavailable Materials, Licensee shall be entitled to procure the Unavailable Materials from the designated third party source, on the price and terms set forth in the Unavailable Materials Notice until such time that Company decides it can or wants to supply such Unavailable Materials.
4.04 Company warrants that all Materials will conform to specification as provided to Fabricator from time to time. For each product listed on Exhibit “B”, Company shall supply to Fabricator its confidential specifications for the assembly of such Products. Fabricator shall assemble the Mate...
Materials and Products. Any material and data You provide to the Company in connection with the Company's Hosting Services shall be Server Ready. Server Ready is defined as being in a condition and form, as determined solely by the Company, which requires no additional manipulation or verification on the part of the Company. Attempting to place or requesting placement of non-Server-Ready material or data on the Company's servers shall be a breach of this Agreement. The Company may, in its sole discretion, reject material or data that You have placed, attempted to place, or have requested be placed on the Company's servers. The Company agrees to notify You immediately of its rejection of the material or data and provide You with an opportunity to amend or modify the material or data to meet the requirements of the Company.
Materials and Products. Customers are asked to ensure they are satisfied with the specifications given. If there are specific requirements for materials, fittings, paint colours etc. They must be clearly communicated in advance of finalising and accepting the final design and price. For wood finishes, we cannot guarantee exact colour matching with any existing woodwork due to natural variations in timber and changes in shade that occur with exposure to light over time, though we will do our best. For spray finishes, we cannot guarantee exact colour matching with any existing paintwork or hand painted finishes of the same colour. As goods are manufactured to order, once manufacturing has begun, the goods cannot be returned or a refund made for any reason other than if the goods are defective. The goods should be inspected by the customer, if possible, immediately on arrival. We will notify the customer as soon as possible if parts are delayed, or damaged and if this will affect the installation dates. The customer will also be contacted if there are any problems with the materials during installation.
Materials and Products. Customers are asked to ensure they are satisfied with the specifications given. If there are specific requirements for materials, fittings, paint colours etc. They must be clearly communicated in advance of finalising and accepting the final design and price. For wood finishes, we cannot guarantee exact colour matching with any existing woodwork due to natural variations in timber and changes in shade that occur with exposure to light over time, though we will do our best. For spray finishes, we cannot guarantee exact colour matching with any existing paintwork or hand painted finishes of the same colour. We can supply the majority of well-known brand colours, if our paint supplier doesn’t have your requested colour, the customer can supply a paint sample to be closely matched. This service is provided at an additional charge. As goods are manufactured to order, once manufacturing has begun, the goods cannot be returned or a refund made for any reason other than if the goods are defective. The goods should be inspected by the customer, if possible, immediately on arrival. We will notify the customer as soon as possible if parts are delayed, or damaged and if this will affect the installation dates. The customer will also be contacted if there are any problems with the materials during installation.
Materials and Products. Diadem will exercise no control whatsoever over the content of the information passing through the network or on the Customer's websites,
Materials and Products. In order to secure payment, Customer grants Access Video a first and valid lien and security interest in all property of Customer held by Access Video regardless of the relationship of the property to the indebtedness. Access Video shall maintain a security interest in all Products, regardless of possession, until payment is received in full for such Products. ESTIMATES: The amounts and dates on Access Video Estimates and Work Orders are good faith estimates of the anticipated charges and completion time. Unknown factors, such as the length of a video program or poor quality of source material, can result in higher (or lower) prices and affect completion time. Factors beyond Access Video’s control, such as machine malfunctions and power failures can also increase completion time. Access Video will notify customers as soon as practical if total charges or completion time will significantly exceed estimates. LIABILITY: Customer is responsible for insuring Materials and/or maintaining backup copies of Materials provided to Access Video. Access Video will exercise reasonable care in handling Materials but does not accept responsibility for any loss or damage to Customer’s Materials from any cause whatsoever. Customer should allow reasonable time for contingencies during completion of services. Access Video shall not be held liable for any loss of any kind due to delays in completion of services ordered by Customer. All shipment of Products will be F.O.B. Access Video facilities in Austin, Texas. Access Video does not accept liability for losses in shipping or for loss or damage to Products awaiting pick-up by Customer or otherwise held for Customer at Access Video’s facilities for more than five days after notification to customer that such Products are available for pick-up or shipment. STORAGE OF MATERIALS: Except in the case of master tapes and similar Materials stored by Customer at Access Video’s facilities for ongoing services, Customer is responsible for retrieving all Customer Materials and purchased Products within 30 days of notification of completion of services. In the event Customer fails to retrieve Materials or Products, upon additional 30 day notification, Access Video shall have the right to either ship Material to Customer’s most recently provided address at Customer’s expense, or dispose of the Material in any other manner without liability. TOOLING AND DATA: Access Video retains title to all tooling and data, including computer files, tempo...
Materials and Products. Non-academic materials and products (presentations, briefings, curricula, protocols, flyers, webpages, papers, etc.) derived from our data and materials can be created by any member of the project team. Permission to use data or materials to create products should be asked of the steering committee. For non-academic, co-authorship or review opportunities should be offered to project team members when non-academic materials are created. For academic materials, all participants whose efforts warrant inclusion shall be granted authorship, and when appropriate, all team member contributions shall be acknowledged if they do not rise to the level of authorship. Recognition of all project partner organizations should be provided on all products. Logos and individual names should be used with permission only. Recognition of funding or other notifications may also be required or requested to be included on products.
