NON-CONFORMING PARTS Sample Clauses

NON-CONFORMING PARTS. Non-conforming parts identified by the Supplier during production must be segregated and investigated. If rework is required, it should be performed with the same or tightened inspection parameters. If the Supplier feels the non-conformance does not affect the functionality of the piece, they may request a deviation for the specific features found out of tolerance. The request must indicate the scope and time period of the deviation. A copy of the approved deviation must accompany the parts to Thorlabs. Non-conforming parts identified after receipt by Xxxxxxxx will be returned to the Supplier for credit. There shall be a recall process in place to facilitate the return of defective parts. Thorlabs also reserves the right to sort and/or rework a sufficient volume of the delivered product. In such cases, the Supplier may be held responsible for costs of materials and labor incurred to perform such sorting or rework. The Supplier shall investigate the defect to determine the root cause of the failure. In some cases, Corrective/Preventive Actions shall be defined by the Supplier to prevent recurrence.
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NON-CONFORMING PARTS. “Non- Conforming Products” are Goods which are determined by Autocar prior to delivery of the finished product to the end user to be not in compliance with the Warranty (as defined elsewhere in these Terms), Autocar’s specifications or any applicable local, state or federal law or regulation. Autocar may, at its option, without limitation or exclusion of any other right or remedy, either (a) return the Non- Conforming Products for a full refund and reimbursement of shipping costs, or (b) provide notice of the Non-Conforming Products to Supplier, in which case, Supplier will, at Autocar’s option, either (i) pay to Autocar a labor allowance to repair or replace the Non-Conforming Products at Autocar’s standardized labor rate (based on the regional rate of the service center or the applicable third-party rate), plus all incidental costs incurred by Autocar, including freight for return to and redelivery from Supplier, or (ii) promptly repair or replace the Non-Conforming Products at Supplier’s cost and expense, including freight for return to and redelivery from Supplier. Autocar may, in its sole discretion, invoice Supplier for the amounts authorized above, which invoice will be paid by Supplier within ten days of receipt, or Autocar may offset such amounts against any amounts due from Autocar to Supplier. Supplier will comply with the return procedure and other obligations for Non- Conforming Products set forth in Autocar’s Quality Manual. Autocar may apply a charge- back pursuant to Section 5 in the event of Supplier’s breach of these Terms.
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NON-CONFORMING PARTS. If the Purchaser determines there is a non-conformance or defect with the Product, Purchaser may send a request for return to BERINGER providing the Product serial number or lot number, the reference of the Product, the invoice number corresponding to the purchase of the Product and a detailed report of the problem. If BERINGER determines that the Product needs to be returned, BERINGER will issue a “Return Merchandise Authorization” or “RMA” to the Purchaser before the return of the Product. NO PRODUCTS WILL BE ACCEPTED FOR RETURN WITHOUT A BERINGER-ISSUED RMA. After BERINGER has inspected the returned Product, BERINGER will decide whether there is (1) a non-conformance with the Product; or whether (2) the damage was caused by the Purchaser’s use or installation of the Product. As a result of this determination, BERINGER will offer to the Purchaser of (1) full replacement of the Product under warranty if found defective; and if (2) rework or repair of the Product with all cost of parts, labor, or replacement of the Product at the Purchaser’s sole cost and expense, if found to be caused by Purchaser’s use or installation. The shipping costs for returning items are the responsibility of the Purchaser. BERINGER (1) shall bear the cost of delivery for the return of parts deemed defective at delivery, and if ( 2) the damage is caused by Purchaser’s use or installation, BERINGER does not assume responsibility for delivery charges for the return of parts.
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NON-CONFORMING PARTS. Lessee shall be entitled, so long as no Event of Default shall have occurred and be continuing, to replace or permit the replacement of any Part with a part that does not satisfy the requirements of Sections 11.2 and 11.3 (a “Non-conforming Part”) provided that (i) there shall not have been available to Lessee, at the time and in the place that such part was required to be installed on the Aircraft or any Engine, a part complying with the requirements of Sections 11.2 and 11.3 (a “Qualifying Part”), (ii) it would have resulted in an unreasonable disruption of the operation of the Aircraft to have grounded the Aircraft until such time as a ARTICLE 11 REMOVAL AND MODIFICATIONS Qualifying Part became available for installation on the Aircraft, (iii) as soon as reasonably practicable after installation of such Non-conforming Part on the Aircraft (and in any event no later than the next occasion on which the Aircraft is scheduled for a C-Check or higher check pursuant to the Maintenance Program) Lessee shall remove or procure the removal of such Nonconforming Part and replace or procure the replacement of it with a Qualifying Part and (iv) title to the Part which has been replaced, substituted or renewed shall (if previously vested in Lessor) remain with Lessor free from all Liens (other than Permitted Liens) until the Qualifying Part which replaced it becomes the property of Lessor.
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Related to NON-CONFORMING PARTS

  • Non-Conforming Product If Reliant notifies Cardinal Health during the Review Period that the Manufacturing Sample does not conform to the warranty set forth in Section 13.1 and Cardinal Health agrees with Client’s determination, Client shall not be responsible to pay for such batch (the “Defective Product”), and Cardinal Health shall, at Reliant’s option, either (A) replace any Batch of non-conforming Product, or (B) credit any payments made by Reliant for such Batch. If Cardinal Health does not agree with Reliant’s determination that such Product fails to meet the warranty set forth in Section 13.1, then after reasonable efforts to resolve the disagreement, the Parties shall cause a mutually acceptable independent third party to review records, test data and to perform comparative tests and/or analyses on the Manufacturing Sample. The results of the independent review shall be final and binding. Unless otherwise agreed to by the Parties in writing, the costs associated with such testing and review shall be borne by the non-prevailing Party. THE OBLIGATION OF CARDINAL HEALTH TO (A) REPLACE DEFECTIVE PRODUCT IN ACCORDANCE WITH THE SPECIFICATIONS OR CREDIT PAYMENTS MADE BY RELIANT FOR DEFECTIVE PRODUCT AND (B) REIMBURSE RELIANT FOR API LOST IN THE DEFECTIVE BATCH, SUBJECT TO THE LIMITATIONS IN ARTICLE 15.1, SHALL BE RELIANT’S SOLE AND EXCLUSIVE REMEDY (WITHOUT PREJUDICE TO ANY INDEMNIFICATION OBLIGATIONS UNDER SECTION 14.1 OR THE OBLIGATIONS OF SECTION 10.6 (RECALL)) UNDER THIS ARTICLE FOR DEFECTIVE PRODUCT AND IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED.

  • Non-Conforming Communications Agent and Lenders may rely upon any notices purportedly given by or on behalf of any Borrower even if such notices were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Borrower shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any telephonic communication purportedly given by or on behalf of a Borrower.

  • Term SOFR Conforming Changes In connection with the use or administration of Term SOFR, the Administrative Agent will have the right to make Conforming Changes from time to time and, notwithstanding anything to the contrary herein or in any other Loan Document, any amendments implementing such Conforming Changes will become effective without any further action or consent of any other party to this Agreement or any other Loan Document. The Administrative Agent will promptly notify the Borrower and the Lenders of the effectiveness of any Conforming Changes in connection with the use or administration of Term SOFR.

  • Benchmark Replacement Conforming Changes In connection with the use, administration, adoption or implementation of a Benchmark Replacement, the Administrative Agent will have the right to make Conforming Changes from time to time and, notwithstanding anything to the contrary herein or in any other Loan Document, any amendments implementing such Conforming Changes will become effective without any further action or consent of any other party to this Agreement or any other Loan Document.

  • Warranty Period Except as may be otherwise specified or agreed, Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Substantial Completion of the Work. If Substantial Completion occurs by phase, then the warranty period for that the Work performed for each phase begins on the date of Substantial Completion of that phase, or as otherwise stipulated on the Certificate of Substantial Completion for the particular phase.

  • Buyer Furnished Equipment 14.3.2.1 The Seller shall introduce data related to Buyer Furnished Equipment, for equipment that is installed on the Aircraft by the Seller (hereinafter “BFE Data”) into the customized Technical Data, at no additional charge to the Buyer for the initial issue of the Technical Data provided at first Aircraft Delivery, provided such BFE Data is provided in accordance with the conditions set forth in Clauses 14.3.2.2 through 14.3.2.6.

  • Spare Parts 14.1 As specified, the supplier may be required to provide any or all of the following materials, notifications, and information pertaining to spare parts manufactured or distributed by the supplier:

  • Product Warranty Seller provides general warranties of fitness and general warranties that the goods are free from defects, for 1 year from acceptance of the goods, except as may otherwise be set forth in the Description/Proposal, or other attached warranty.

  • Quality Agreement Concurrently with execution of this Agreement, the Parties will enter into an agreement that details the quality assurance obligations of each Party with respect to the Manufacture and supply of Supplied Products under this Agreement (the “Quality Agreement”). Each Party shall perform its obligations under the Quality Agreement in accordance with the terms and conditions thereof. In the event of a conflict between the terms of the Quality Agreement and the terms of this Agreement, the provisions of the Quality Agreement shall govern.

  • Terms of Escrow (a) The parties hereby appoint the Administrative Agent as escrow agent in accordance with the terms and conditions set forth herein, and the Escrow Agent hereby accepts such appointment as escrow agent.

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