MODIFICATIONS OF PRODUCTS Sample Clauses

MODIFICATIONS OF PRODUCTS. 11.01 It is the intention of the parties that the Products to be manufactured by SEN under this Agreement shall meet the needs of the worldwide markets addressed by EATON and SEN, thus such products shall conform to EATOX'x xxxic designs and specifications for the Products and shall be of substantially the same quality and serviceability as the Products manufactured by EATON. 11.02 Any modifications to the Products which SEN deems to be required to further conform them to the Japanese market and/or to satisfy special customer needs may be made by SEN without prior approval by EATON, provided however, that such modifications are consistent with and conform to Eatox'x xxxcifications. SEN shall within two (2) weeks after releasing such modifications to production provide EATON with details of such modifications in the English language sufficient for EATON to verify their consistency with and conformity to Eatox'x specifications. 11.03 Any modifications to the Products which SEN deems to be required and which are not consistent with and in conformity with the specifications shall be reviewed by appropriate representatives of EATON and SEN to determine if they are to be made. If the parties agree that such modifications are to be made, EATON shall at its sole discretion either carry out such modifications itself, or shall subcontract such modifications to SEN under terms and conditions to be agreed upon by the parties.
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MODIFICATIONS OF PRODUCTS. The Seller shall reserve the right to carry out, at any time, such not substantial modifications of the products manufactured by the Seller which shall be deemed suitable, by notifying the Purchaser whether those modifications will be applied on supply of products whose order has been already taken in place. Any technical modifications to the Seller’s offer (including but not limited to the price and the delivery of the products) which the Purchaser may propose shall have not force and effect unless otherwise agreed in writing by the Seller.
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MODIFICATIONS OF PRODUCTS. We reserve the right, with or without notice to you, to: (a) modify, substitute, eliminate, or enhance any Product; and (b) review, modify, filter, disable, delete, or remove any and all content and information from any Product. We have no obligation to update any Product, except as may be set forth in a separately executed agreement between you and us specifically for the provision of such Products. You agree that it is your responsibility to monitor changes to the Products that may affect you.
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MODIFICATIONS OF PRODUCTS. Bennington reserves the right to make changes in design of its products, and changes or improvements to its products, at any time, including during a product year, without imposing any obligation upon Bennington to alter any of its products that were previously manufactured.
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MODIFICATIONS OF PRODUCTS. The license set forth in Section 6.1 above includes the right to modify in any way any hardware or software included in a Product purchased by Amphora from Caliper. However, if any such modification is made, all warranty and other service commitments made by Caliper in connection with the sale of the particular Product unit that has been modified will be voided, and Caliper will not be obligated to support or provide upgrades for such modified Product unit unless the parties have otherwise agreed in writing. Upon request by Amphora, Caliper will provide source code for any software (including firmware) installed on or provided with a Product purchased by Amphora. If Amphora desires any further assistance from Caliper to modify such software or develop software for an Amphora Developed Product, such assistance shall be the subject of negotiations of a collaborative development project as discussed in Section 6.4 below. In [ * ] = 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. addition, Amphora may reproduce the software provided with a Product for development purposes in accordance with this Article 6, provided that such reproduced software shall not be installed on any Product unit for which software was not previously purchased from Caliper.
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MODIFICATIONS OF PRODUCTS. Modification of any nature to the subject matter of the Order and the subsequent Order Confirmation, require the Purchaser’s prior written confirmation. The Parties mutually acknowledge that if the Supplier makes changes to the goods and/or services requested by the Purchaser without requesting prior written confirmation, the Purchaser will be entitled to terminate the contract for breach of contract and request compensation for damages.
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MODIFICATIONS OF PRODUCTS. Xxxxxx reserves the right to make changes in design of its products, and changes or improvements to its products, at any time, including during a product year, without imposing any obligation upon Xxxxxx to alter any of its products that were previously manufactured.
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MODIFICATIONS OF PRODUCTS. Modification of any nature to the subject matter of the Order and the subsequent Order Confirmation, require the Purchaser’s prior written confirmation. The Parties mutually acknowledge that if the Supplier makes changes to the goods and/or services requested by the Purchaser without requesting prior written confirmation, the Purchaser will be entitled to terminate the contract for breach of contract and request compensation for damages 4.1 The price specified in the Order Confirmation is binding and cannot be unilaterally modified by either Party. Without prejudice to any other written agreement, the amounts due for the supply of goods or the performance of services are all-inclusive and include all additional charges incurred by the Supplier. 4.2 The amounts due for the supply of goods shall be understood to be “free at destination” at the Purchaser's place of destination, and inclusive of all ancillary costs and charges (by way of example only, transport, packaging and customs clearance costs). The fees due for the performance of services shall include, by mere way of example, installation, travel, board and lodging expenses, additional allowances for employees, which shall be borne exclusively by the Supplier. 4.3 The consideration for the goods or services ordered by the Purchaser from the Supplier shall be paid within 90 (ninety) days from the end of the month in which the goods were delivered or the services were rendered. 4.4 In case of sale of goods, the transfer of risk takes place at the moment of delivery of the goods to the Purchaser, in the places indicated by the latter in the Order and to the subjects appointed by them to receive the goods. 4.5 This is without prejudice to the Purchaser's right to offset, pursuant to art. 1252 of the Italian Civil Code, any amount owed to the Supplier, for any reason, with the consideration due for goods or services rendered.
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MODIFICATIONS OF PRODUCTS. The license set forth in Section 6.1 above includes the right to modify in any way any hardware or software included in a Product purchased by Amphora from Caliper. However, if any such modification is made, all warranty and other service commitments made by Caliper in connection with the sale of the particular Product unit that has been modified will be voided, and Caliper will not be obligated to support or provide upgrades for such modified Product unit unless the parties have otherwise agreed in writing. Upon request by Amphora, Caliper will provide [ * ] provided with a Product [ * ] = 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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Related to MODIFICATIONS OF PRODUCTS

  • Purchase of Products You agree to purchase from Us the hardware products, software licenses and services listed on the Order Form, together with all existing accessories, attachments, replacements, and additions (collectively the “Products”) upon the terms stated herein. For the avoidance of doubt, postage meters for use in mailing machines are excluded from the definition of Products. This Purchase Agreement is binding on You as of the date You sign it. This Purchase Agreement is not binding on Us until We sign it or until the Products are shipped, whichever happens first.

  • Supply of Products ‌‌ 3.1 The Supplier warrants that the Products shall: (a) correspond with their description and any applicable Product Specification; (b) conform in all respects with the Order and any relevant sample; (c) be of satisfactory quality and fit for any purpose held out by the Supplier or made known to the Supplier by Ornua, expressly or by implication, and in this respect Ornua relies on the Supplier's skill and judgement; (d) be manufactured by properly trained and qualified personnel using all reasonable skill, care and diligence and in a good and workmanlike manner;‌ (e) where they are manufactured products, be free from defects in design, materials and workmanship and remain so for the period set out in the Product Specification or, if none is specified, for at least 12 months after delivery; (f) comply with all applicable statutory and regulatory requirements relating to the manufacture, labelling, packaging, storage, handling and delivery of the Products;‌ (g) comply with all relevant standards including any UK Standards, European Standards or International Standards applicable in the UK and the country or State where the Products are to be used; and (h) in the case of Products containing food stuffs, when delivered to Ornua, comply with all applicable food and hygiene legislation and regulations and best industry practice.‌ 3.2 The Supplier shall ensure that at all times it has and maintains all licences, permissions, authorisations, consents and permits needed to carry out its obligations under the Contract in respect of the supply of Products. Breach of this Condition shall be deemed a material breach of the Contract. 3.3 Ornua may inspect and test the Products at any time before delivery. The Supplier shall remain fully responsible for the Products despite any such inspection or testing and any such inspection or testing shall not reduce or otherwise affect the Supplier's obligations under the Contract. 3.4 If following such inspection or testing Ornua considers that the Products do not comply or are unlikely to comply with the Supplier's undertakings at clause 3.1, Ornua shall inform the Supplier and the Supplier shall immediately take such remedial action as is necessary to ensure compliance.‌ 3.5 Ornua may conduct further inspections and tests after the Supplier has carried out its remedial actions.

  • Use of Products 3.28.1 In the performance of this contract, Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (i) competitively within a timeframe providing for compliance with the contract performance schedule; (ii) meeting contract performance requirements; or (iii) at a reasonable price. 3.28.2 Consultant shall abide by the list of EPA-designated items available on EPA’s Comprehensive Procurement Guidelines web site: xxxxx://xxx.xxx.xxx/smm/comprehensive-procurement-guideline-cpg-program.

  • Other Methods of Procurement of Goods and Works. The following table specifies the methods of procurement, other than International Competitive Bidding, which may be used for goods and works. The Procurement Plan shall specify the circumstances under which such methods may be used: (a) National Competitive Bidding (b) Shopping (c) Direct Contracting

  • Manufacture of Products All Products marketed through Grantor's Web ------------------------- Site shall be manufactured, packaged, prepared, and shipped in accordance with the specifications and requirements described on Exhibit A hereto as it may be modified from time to time. Quality control standards relating to the Product's weight, color, consistency, micro-biological content, labeling and packaging are also set forth on Exhibit A. In the event that Exhibit A is incomplete, Products shall be manufactured and shipped in accordance with industry standards.

  • Contract Modifications It is understood that changes are inherent in operations of the type covered by this contract. The number of changes, the scope of those changes, and the impact they have on the progress of the original operations cannot be defined at this time. The PURCHASER is notified that changes are anticipated and that there will be no compensation made to the PURCHASER directly related to the number of changes made. Each change will be evaluated for extension of contract time and increase or decrease in compensation based on its own merit. STATE reserves the right to make, at any time during the contract, such modifications as are necessary or desirable; provided such modifications shall not change the character of the operations to be done nor increase the cost, unless such operations or cost increase is approved in writing by PURCHASER. Any modifications so made shall not invalidate this contract nor release PURCHASER of obligations under the performance bond. PURCHASER agrees to do the modified operations as if it had been a part of the original contract. If any change under this section causes an increase or decrease in the PURCHASER's cost of, or the time required for the performance of any part of the operations, the PURCHASER must submit a written statement setting forth the nature and specific extent of the claim. Such claim shall include all time and cost impacts against the contract and be submitted as soon as possible, but no later than 30 days after receipt of any written notice of modification of the contract. If the PURCHASER discovers site conditions which differ materially from what was represented in the contract or from conditions that would normally be expected to exist and be inherent to the activities defined in the contract, the PURCHASER shall notify the STATE's Authorized Representative immediately and before the area has been disturbed. The STATE's Authorized Representative will investigate the area and make a determination as to whether or not the conditions differ materially from either the conditions stated in the contract or those which could reasonably be expected in execution of this particular contract. If it is determined that a differing site condition exists, any compensation or credit will be determined based on an analysis by STATE's Authorized Representative. If the PURCHASER does not concur with the decision of the STATE's Authorized Representative and/or believes that it is entitled to additional compensation, the PURCHASER may proceed to file a claim. All claims shall be submitted in writing and shall include a detailed, factual statement of the basis of the claim, pertinent dates, contract provisions which support or allow the claim, reference to or copies of any documents which support the claim, the exact dollar value of the claim, and specific time extension requested for the claim. If the claim involves operations to be completed by subcontractors, the PURCHASER will analyze and evaluate the merits of the subcontractor's claim. PURCHASER shall forward the subcontractor's claim and PURCHASER's evaluation of such claim to STATE's Authorized Representative. The STATE's Authorized Representative will not consider direct claims from subcontractors, suppliers, manufacturers, or others not a party to this contract. The decision of the STATE shall be final and binding unless the PURCHASER requests mediation.

  • Supply Agreements For a period of three years from the consummation of the IPO, Odetics shall not unilaterally terminate or assign its guarantee obligation with respect to any supply agreement pursuant to which it has guaranteed the performance by ATL of ATL's obligations, unless such suppliers have consented to the termination or assignment of such guarantee.

  • Reimbursements and Purchase Orders Expense reimbursement is not guaranteed and, when possible, Board members should seek pre- approval of expenses by providing an estimation of expenses on the Board's standardized estimated expense approval form, except in situations when the expense is diminutive. When pre-approval is not sought, Board members must seek reimbursement on the Board's standardized expense reimbursement form. Expense reimbursements and purchase orders shall be presented to the Board in its regular bill process.

  • Modifications and Amendments The terms and provisions of this Agreement may be modified or amended only by written agreement executed by all parties hereto.

  • Reformulation of Products As of the Effective Date, and continuing thereafter, Products that Xxxxx directly manufactures, imports, distributes, sells, or offers for sale in California shall either: (a) be Reformulated Products pursuant to § 2.2, below; or (b) be labeled with a clear and reasonable exposure warning pursuant to §§ 2.3 and 2.4, below. For purposes of this Settlement Agreement, a “Reformulated Product” is a Product that is in compliance with the standard set forth in

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