Nonconforming Services / Equipment Sample Clauses

Nonconforming Services / Equipment. Without limitation of any other rights or remedies of Newmont, if a defect in any of the Services in violation of any of the warranties set forth in this Agreement applicable to Services (“Warranties” as applicable to Services) arises within one year of Newmont’s acceptance of such Services (“Warranty Period” as applicable to Services), or a defect in any Equipment in violation of any of the warranties set forth in this Agreement applicable to Equipment (“Warranties” as applicable to Equipment) arises within a period of 18 months from acceptance of the Equipment by Newmont or within 12 months from the date such Equipment is placed in regular operation, whichever is earlier (“Warranty Period” as applicable to Equipment), Newmont may require Supplier to correct promptly the nonconformance at Supplier’s expense. Supplier shall, upon receipt of a written request from Newmont to correct the nonconformance, promptly furnish, at no cost to Newmont, all labor, equipment, supervision, and materials necessary to correct such nonconformance and cause the Services or Equipment to comply fully with the Warranties. The Warranties shall apply to any Services performed or Equipment provided by Supplier to correct a nonconformance, commencing on the date of acceptance of such corrective Services or Equipment, as provided in Section 5.2, and extending for a period of time equal to the number of days in the Warranty Period that was applicable to the original Services or Equipment that were corrected (e.g., if the original Services had a 30-day Warranty Period, the corrected Services would have a 30-day Warranty Period from the date of acceptance). If Supplier fails to so correct such nonconformance within fifteen (15) days after receipt of Newmont’s Notice, Newmont may, in addition to any other rights and remedies available at law or in equity, elect to (1) retain a third party to correct the nonconformance at Supplier’s expense, or (2) correct the nonconformance with Newmont personnel at Supplier’s expense.
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Related to Nonconforming Services / Equipment

  • Customer Equipment Customer represents and warrants that it owns or has the legal right and authority, and will continue to own or maintain the legal right and authority during the term of this Agreement, to place and use the Customer Equipment as contemplated by this Agreement. Customer further represents and warrants that its placement, arrangement, and use of the Customer Equipment in the Internet Data Centers complies with the Customer Equipment Manufacturer's environmental and other specifications.

  • Removal of Equipment and Materials Within 30 days after completion of the requirements of this contract, PURCHASER shall remove from the areas of operations, and other property owned or controlled by STATE, all equipment, materials, and other property PURCHASER has placed or caused to be placed thereon that is not to become the property of STATE. It is agreed that any such equipment, materials, and other property that are not removed within 30 days, shall become the property of STATE and may be used or otherwise disposed of by STATE without notice or obligation to PURCHASER or to any party to whom PURCHASER may transfer title. Nothing in this section shall be construed as relieving PURCHASER from an obligation to clean up and to burn, remove, or dispose of debris, waste materials, and such, in accordance with the provisions of this contract. PURCHASER shall indemnify STATE for expenses as a result of cleanup, removal or disposal of debris, waste materials, and such.

  • Installation Services 3.1 The Bitstream 2a Service includes a Standard Install as set out below (in each case to the extent that the relevant provisioning works are not already complete for the relevant Service Order).1

  • Customer-Provided Equipment Comcast shall have no obligation to install, operate, or maintain Customer-Provided Equipment. Customer alone shall be responsible for providing maintenance, repair, operation and replacement of all inside telephone wiring and equipment and facilities on the Customer’s side of the cable modem, route and/or coaxial input connection. All Customer-Provided Equipment and wiring that Customer uses in connection with the Services must be fully compatible with the Services. Customer shall be responsible for the payment of all charges for troubleshooting, maintenance or repairs attempted or performed by Comcast’s employees or authorized contractors when the difficulty or trouble report results from Customer-Provided Equipment.

  • Services, Materials, and Equipment Unless otherwise specified, the Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities, incidentals, and services necessary for the construction, performance, testing, start-up, inspection and completion of the Work.

  • STANDARD EQUIPMENT All items of standard equipment which are provided by the OEM shall be furnished unless such items are expressly deleted by the Authorized User or are specified to be other than standard in the Mini-Bid. When Optional equipment is specified, all components listed in the OEM’s data book as being included with the Option shall be furnished.

  • Stored equipment We accept no responsibility for any stored equipment or other property brought on to or left at the premises, and all liability for loss or damage is hereby excluded. All equipment and other property (other than stored equipment) must be removed at the end of each hiring or we will charge fees each day or part of a day at the hire fee per hiring until the same is removed. We may, in our discretion, dispose of any items referred to below by sale or otherwise on such terms and conditions as we think fit, and charge you any costs we incur in storing and selling or otherwise disposing of the same, in any of the following circumstances:

  • Equipment and Materials Contractor at its sole cost and expense shall provide and furnish all tools, labor, materials, equipment, transportation services and any other items (collectively, "Equipment") which are required or necessary to perform the Services in a manner which is consistent with generally accepted standards of the profession for similar services. Notwithstanding the foregoing, District shall not be responsible for any damages to persons or property as a result of the use, misuse or failure of any Equipment used by Contractor of the Contracted Parties, even if such Equipment is furnished, rented or loaned to Contractor or the Contracted Parties by District. Furthermore, any Equipment or workmanship that does not conform to the regulations of this Agreement may be rejected by District and in such case must be promptly remedied or replaced by Contractor at no additional cost to District and subject to District’s reasonable satisfaction.

  • All new supplies equipment and services shall include manufacturer's minimum standard warranty unless otherwise agreed to in writing. Vendor shall be legally permitted to sell all products offered for sale to TIPS Members. All goods proposed and sold shall be new unless clearly stated in writing. Customer Support The Vendor shall provide timely and accurate customer support for orders to TIPS Members as agreed by the Parties. Vendors shall respond to such requests within a commercially reasonable time after receipt of the request. If support andƒor training is a line item sold or packaged with a sale, support shall be as agreed with the TIPS Member. Agreements Agreements for purchase will normally be put into effect by means of a purchase order(s) executed by authorized agents of the TIPS Member participating government entities, but other means of placing an order may be used at the Member’s discretion. Tax exempt status Most TIPS Members are tax exempt and the related laws andƒor regulations of the controlling jurisdiction(s) of the TIPS Member shall apply. Assignments of Agreements No assignment of Agreement may be made without the prior notification of TIPS. Written approval of TIPS shall not be unreasonably withheld. Payment for delivered goods and services can only be made to the awarded Vendor, Vendor designated reseller or vendor assigned company.

  • Interconnection Customer Provided Services The services provided by Interconnection Customer under this LGIA are set forth in Article 9.6 and Article 13.5.1. Interconnection Customer shall be paid for such services in accordance with Article 11.6.

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