New Goods Clause Samples

New Goods. Where the Goods to be supplied by the Seller are new, then this Contract and the provisions for delivery of the Goods shall be subject to any terms and conditions which the Manufacturer/Concessionaire may lawfully have imposed on the supply of Goods or the resale of such Goods by the Seller. The Seller shall not be liable for any failure or delay in delivering the Goods caused by or resulting from the Seller's compliance with the Manufacturers/Concessionaires terms and conditions. A copy of the current terms and conditions of the Manufacturers/Concessionaire is available for inspection at the Seller's premises;

New Goods. If Client is purchasing new Goods from COMPANY, Client acknowledges that (i) COMPANY is not the manufacturer of the Goods; (ii) if the Goods include a manufacturer’s warranty, COMPANY will pass through to Client the manufacturer’s warranty to the extent permitted by the terms of such warranty; and (iii) the manufacturer’s warranty will be subject to all conditions and exclusions set forth therein. In certain circumstances, Client may have the option of purchasing an equipment protection plan or extended service coverage (each, an “Extended Protection Product”); if such an Extended Protection Product is available and is purchased by Client at the time of sale, the Extended Protection Product will be subject to all conditions and exclusions included in such Extended Protection Product.

New Goods. Supplier Available Credit (i) We may make advances to the Supplier or Suppliers, or any other persons whom they designate, when we receive electronic requests through the Automated Clearing House (ACH) from a Supplier for Goods delivered or sold to you. The amount of the advance that we make on your behalf to the Supplier will be for the amount indicated on the electronic payment request. You agree that we may, at our option, make these advances even though the electronic payment requests are not accompanied or preceded by the original invoices. We are not obligated to accept and pay any electronic payment request when the amount you owe us, including interest, exceeds the available credit or when honoring the payment request will exceed your available credit. ¨ Advances for new Goods by draft ***** If checked, we will make advances to the Supplier ***** Or Suppliers shown at the right. ***** (i) We may make advances to the Supplier or Suppliers, or any other person whom they designate, when we receive sight or cash drafts from a Supplier for Goods delivered or sold to you. The amount of the advance that we make on your behalf to the Supplier will be for the amount of the invoice. You agree that we may, at our option, make these advances even though the drafts are not accompanied by the original invoices. We are not obligated to accept and pay any draft when the amount you owe us, including interest, exceeds the available credit or when honoring the payment request will exceed your available credit.

New Goods. Unless otherwise specified in the Contract or agreed, all Goods must be new, of current manufacture and of the highest grade, free from all defects or imperfections affecting performance and suitable for their respective purposes. All Goods must be in accordance with the Specifications, Scope of Work, all Applicable Laws and Applicable Standards.

New Goods. KBTL will use reasonable effort to rectify any product defect in relation to the design, manufacture, or workmanship twelve (12 months) from commissioning or eighteen (18) months from shipment readiness, whichever comes first.

New Goods. If you have not sold new Goods within 270 days of the date we made an advance for the purchase of those Goods, you agree to make an immediate principal payment of *****% of the amount of the advance, due and payable by the 15th day of the month immediately following the month end. You agree to make an additional principal payment of *****% of the amount of the advance if not sold within 365 days. If you have not sold new Goods on or before April 1 of the year immediately following the model year of the new Goods, you agree to make additional principal payments sufficient to curtail the amount you owe us, on the advance for the purchase of those Goods, down to *****% of used wholesale NADA value for such Goods. If the Goods have not been sold within 540 days of the date we made an advance for the purchase of those Goods, you agree to pay us immediately in full the balance you owe on that advance.

New Goods. 6.1 If the Goods ordered are new goods, the following will apply: (i). We undertake that the pre-delivery work specified by the manufacturer/concessionaire will be carried out and the Goods will be sold with the benefit of the manufacturer’s or (as appropriate) concessionaire’s warranty. Where you are purchasing as a consumer, such warranty is additional to your statutory rights, and is not affected by any change of ownership of the Goods. Remedial work under warranty may be carried out by any dealer or service workshop in the European Economic Area authorised directly or indirectly by the manufacturer, who may repair or replace any defective parts or (if he considers repair or replacement uneconomic) refund an appropriate part of the purchase price. Where such is available to us, we will provide you with a copy of the manufacturer’s warranty terms on delivery.

New Goods. If you have not sold New Goods within 270 days of the date we made an advance for the purchase of those Goods, you agree to make an immediate principal payment of 5.00 percent of the amount of the advance, due and payable by the 15th day of the month immediately following the month end. You agree to make additional principal payments of 10.00 percent of the amount of the advance 95 days thereafter. If you have not sold New Goods within 540 days of the date we made an advance for the purchase of those Goods, you agree to pay us immediately in full the balance you owe on that advance. At our option, if you have not sold New Goods on or before April 1 of the year immediately following the model year of the New Goods, you agree to make additional principal payments sufficient to curtail the amount you owe us, on the advance for the purchase of those Goods, down to 100% of clean NADA value for such Goods, and such Goods will then be treated as “Used Goods” subject to the principal reduction requirements of Section 1.9b. hereinafter.

New Goods. All new goods are covered with a return to base parts and labour warranty for a period of 12 months from the date of invoice on hardware only. Software and consumable goods are not covered by any warranty.