Obligations of Supplier. 3.4.1 Solar Pumpset Supplier (SPS) has the responsibility to design, supply, installation and commissioning of Solar Pumpset Systems comprising of SPV modules, VFD/Inverter, Remote Monitoring, AC Surface/Submersible Pump, Mounting Structure, Tracking, Cables, HDPE Pipe etc. as per MNRE Specifications of 2015-16 as detailed in Schedule-7 of this Agreement, inclusive of CMC (“Comprehensive Maintenance Contract”) and Insurance for five (5) years from the DOC of each Pumpset System on turnkey basis.
3.4.2 The components/items to be supplied for installation of the Solar Pumpset System(s) shall be as per the component/items indicated in the Test Report. In case the Supplier intends to change any component/items, the Supply shall mandatorily obtain Test Report from MNRE for the Solar Pumpset System with new components/items and shall submit a copy of the Test Report prior to installation of the Pumpset System. The DISCOMS/NREDCAP shall undertake inspection and issue Completion Certificate only upon receipt of the Test Report for the Solar Pumpset System with such new components/items from the Supplier.
3.4.3 The Solar Pumpset Supplier shall warrant the Solar Pumpset System as per applicable standards of quality (MNRE Technical Specifications 2015-16). Anything to be furnished shall be new, free from all defects and faults in material and workmanship. The manufacture shall be in accordance with the specified technical parameters and should be of the highest grade and consistent with established and generally accepted standards for material. It shall be in full conformity with the drawing or samples if any and shall operate properly.
3.4.4 The Supplier shall gain knowledge of the soil conditions of the site for installation of the Solar Pumpset System and shall accordingly lay the foundation by fixing suitable foundation bolts and nuts as per MNRE norms.
3.4.5 The Supplier shall ensure that the Solar Pumpset System(s) stages are in proportion to the available water table in the site.
3.4.6 The Supplier shall ensure the geo-tagging of the Solar Pumpset Systems after installation.
3.4.7 The Supplier shall make available a display board/sheet on the Pumpset System(s) with the details like Name of the Supplier, address, contact details, toll-free number, price and subsidy, and date of installation.
3.4.8 In case of 3 HP and/or 5 HP Submersible Pumpset System(s), the suction pipe should be of a length of 150ft and Cable should be of 170ft length.
3.4.9 The Supplier sha...
Obligations of Supplier. 9.1 A Supplier/ organization holding a valid Certificate shall:
a) Comply in all respects with the Applicable standards and normative documents.
b) Submit to the Certification Body for information, the form in which he proposes to use the Certificate;
c) Not use the Certificate in any manner which may mislead the interpretation;
d) Not make any change to the System which formed the basis for grant or continuation of registration and which prevents compliance with the product standard;
e) Document all changes made to the System and make available records of such changes to the Certification Body;
f) Keep records of all customer complaints in respect of products, process or service and corresponding remedial measures related to System;
g) Upon suspension or cancellation / withdrawal of Certificate, discontinue of use of certificate and logo/ mark in all advertising material and other matter which contains any reference thereto; and
h) Pay all financial dues to the STQC Directorate as prescribed.
Obligations of Supplier. 4.1 The Supplier confirms it is a fully licensed and legal operator and confirms it shall comply fully and immediately with all relevant local and other applicable laws and regulations and with any lawful instruction issued by Company under this Agreement.
4.2 The Supplier undertakes to the Company to provide on the ground, all constituent parts of the Tour as agreed with the Company and the Supplier agrees to supply Services at a consistently high level to support Company staff and to ensure the safety, comfort and enjoyment of its Customers. The Supplier shall comply with the itinerary of the Tour as advertised and notified to the Customer by the Company. Any alterations to the itinerary made while the Tour is in progress may only be made with the purpose of ensuring the safety and welfare of the Customers and, where possible and practical, with the approval of the Company.
4.3 The Supplier undertakes to read and agree to the contents of any manuals provided by the Company and agrees to abide by any codes of practice set out within such manuals. This includes, but is not limited to, ‘Working with Exodus’ (known as the Operator Manual) and the Tour Leader Manual.
4.4 The Supplier undertakes to ensure that any Group Leader taking charge of an Exodus Tour will have completed the Exodus Leader Induction Module.
4.5 The Supplier agrees to comply at all times with the obligations contained in Schedule 5.
4.6 The Supplier shall provide swift feedback about any complaint received from a Customer.
4.7 The Supplier shall not to seek to alter the contract between the Company and the Customer in any way without the express and prior authorisation of the Company. For the avoidance of doubt, the Supplier may not ask a Customer to sign any form of disclaimer of waiver of the legal rights of the Customer for any part of the contracted services except where expressly authorised by the Company;
4.8 The Supplier shall maintain a documented emergency procedure that is accessible to Group Leaders and staff involved in the provision of the Tour. The Supplier shall notify the Company immediately of any incident or accident that involves injury or harm to the Company’s Customers, of any unresolved complaints by Customers or of any necessary major changes in itinerary. In the case of any major incident that involves serious injury, death or any event that may attract media interest the Supplier shall work closely with the Company to professionally manage the crisis and shall con...
Obligations of Supplier. 4.1 Obligations to follow instructions 3 4.2 Technical and organizational measures 3
4.3 Rectification, restriction, and deletion of data 4 4.4 Other support obligations 4 11.1 General information 8 11.2 Other provisions 9
Obligations of Supplier. (a) Supplier shall only Process Customer Personal Data in accordance with the documented instructions of Customer (including those in Annex 1, as updated), unless required to do so by European Law to which Supplier is subject, in which event Supplier shall inform Customer of such legal requirement unless prohibited from doing so by European Law on important grounds of public interest.
(b) Supplier shall inform Customer if, in Supplier’s opinion, an instruction given by Customer to Supplier under clause 2.3(a) infringes the Data Privacy Laws.
(c) Supplier shall ensure that any persons authorised by it to Process Customer Personal Data are subject to an obligation of confidentiality.
(d) Supplier shall implement appropriate technical and organisational measures to ensure that Customer Personal Data is subject to a level of security appropriate to the risks arising from its Processing by Supplier or its sub-processors, taking into account the factors and measures stated in Article 32 of the GDPR.
(e) Supplier shall notify Customer without undue delay after becoming aware of a Personal Data Breach.
(f) Taking into account the nature of the Processing, Supplier shall assist Customer by implementing appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of Customer’s obligation to respond to requests for exercising a Data Subject's rights under Chapter III of the GDPR. For the avoidance of doubt, such assistance may be provided by Supplier providing, as part of the Services, the Customer with functionality to fulfil such requests on a self- service basis and, where Supplier does so, Supplier shall not be obliged to provide any further assistance unless and to the extent that such functionality cannot be used to fulfil the relevant request.
(g) Taking into account the nature of the Processing and the information available to Supplier, Supplier shall assist Customer with regard to Customer’s compliance with its obligations under the following Articles of the GDPR:
(i) Article 32 (Security of Processing);
(ii) Articles 33 and 34 (Notification and communication of a Personal Data Breach);
(iii) Article 35 (Data protection impact assessment); and
(iv) Article 36 (Prior consultation by Customer with the Supervisory Authority).
(h) Upon termination of Services that required the Processing of Customer Personal Data (in whole or in part) Supplier shall, at the election of Customer, deliver up or destroy such Customer Personal D...
Obligations of Supplier. 1. Supplier shall fully perform an Accepted Travel Request, shall strictly adhere to the Accepted Travel Request and, if applicable, an Amended Accepted Travel Request, cooperate with charterUP, and shall provide (in a format determined by charterUP) such complete and accurate information as required by charterUP to provide the services set forth in Paragraph A, above, and, for each motor vehicle that could be reserved under the Agreement, the applicable rate(s), types (including passenger capacity, amenities, etc.), the Vehicle Identification Number, make, model, year manufactured, reasonably-accurate picture(s), and dates and times the vehicle is not available for trip reservations (“Availability Information”). In order to ensure such up to date information, Supplier shall use its CoachRail Account, CoachRail mobile application and scheduling portal to schedule all bookings Supplier makes based on reservations not made pursuant to this Agreement.
2. In all communications with Users, and on all vehicles used to provide transportation services pursuant to this Agreement, Supplier must provide or display its legal name as the responsible motor carrier in a manner consistent with applicable law. Supplier warrants and understands that charterUP is a technology company and is not a motor carrier and that Supplier will take no action and make no communication that could be reasonably interpreted as implying that charterUP is a motor carrier.
3. When providing transportation services pursuant to this Agreement, Supplier shall: • Use vehicles that are not older (as measured from date of first use by any owner) than 15 years or have more than 1,000,000 miles of use; • Use only buses, mini-buses, or other vehicles that carry at least nine (9) passengers plus the driver;
Obligations of Supplier. The relations between the Supplier and the Company shall be that of purchaser and independent contractor. Nothing contained in the Agreement shall be construed as creating a joint venture, partnership, agency, employment or franchise among the Parties or establishing the Supplier as Company’s representative or agent for any purpose. No Party shall have the power to control the activities or operations of the other Party, nor shall any Party have the authority to make any commitment, whether expressly or by implication, on behalf of the other Party or bind the other Party without such Party’s prior written consent therefore. No Party shall hold itself out as having authority or relationship in contravention of this section. The Parties acknowledge that the Supplier is an independent person with a separate legal status from Company. All persons furnished by the Supplier for the performance of the Agreement are solely Supplier’s employees, and the Supplier shall be solely responsible and liable for payment of all wages and its employees’ unemployment, social security and other payroll taxes, including contributions from the Supplier when required by applicable law. The Supplier shall defend, indemnify and hold Company harmless for and against any employment related claims, actions, damages, losses, costs or liabilities incurred by Company as a result of a breach of Supplier’s obligations herein. If engaged for the performance of the Agreement, Supplier’s personnel shall be appropriately qualified, competent, trained and skilled to the highest standard of the relevant industry to perform the Agreement. Company may object to any of Supplier’s personnel engaged on or off Company’s premises that, in the reasonable opinion of Company, are lacking appropriate skills or qualifications, engaged in misconduct or are incompetent or negligent. The Supplier shall, at its own cost, replace such personnel upon receipt of Company’s notice with suitably qualified, competent, skilled and approved personnel. The Supplier shall, and shall cause all its employees or subcontractors to, hold and keep in good standing in each applicable jurisdiction all licenses, permits, authorizations and registrations required to be held by the Supplier or its employees or subcontractors in order to provide the Products to Company and comply with all applicable laws in each jurisdiction relating to the delivery of the Products. The Supplier shall, and shall cause all its employees or subcontract...
Obligations of Supplier. 5.1 The Ship and its crew conform to the international and the flag state’s legal requirements.
5.2 Pursuant to the Agreement, the Supplier is obligated to use his best efforts to carry out the Voyage.
5.3 The sailing route shall be determined by the Supplier in consultation with the Customer, keeping third parties intersts in consideration (f.e. Tall Ships Races).
5.4 The Supplier and/or the Captain shall at all times be entitled to decide that, as a result of weather conditions, high or low water, blocked sailing routes and similar conditions, including those relating to the Ship, the Ship cannot sail, or that it is necessary, in the broadest sense, to modify or cancel the Voyage, or to change the place of departure or arrival.
5.5 The Supplier shall, in such case, make every effort to cooperate in finding an alternative or a solution, provided that any additional costs in connection therewith shall be reimbursed by the Customer. It shall be within the discretion of the Supplier to determine whether an alternative or solution is capable of being implemented and whether the Supplier can reasonably do so.
5.6 The provisions of this article shall also apply in event that the Supplier or Captain is forced to take one of the decisions referred to herein as a result of the actions or failure to act of one or more Guests,in the case of a delay, howsoever caused, and in the event the Supplier cannot reach the place of departure or arrival agreed to with the Customer.
5.7 In the event that the Ship unexpectedly turns out to be unavailable, the Supplier shall use his best efforts to provide a comparable Ship. If this should prove impossible, the Supplier shall be entitled to rescind the Agreement. If the unavailability of the Ship is not attributable to the fault or negligence of the Supplier, the Supplier shall not be liable to pay damages or make restitution to the Customer and/or Guest. In all other cases, the liability of the Supplier shall be limited to sums already paid by the Customer pursuant to the Agreement.
Obligations of Supplier. The Supplier declares and undertakes as follows:
6.1 The Washing Machines to be provided by it fully comply with the requirements in the Specifications, the Tender and this Agreement. Without derogating from the provisions of the Specifications, the Washing Machines must be programmed for continuous washing of all of the rolling stock as detailed in the Tender Documents according to the Operational Plan that shall be determined by ISR.
6.2 The Washing Machines that shall be supplied will wash the components specified in Annex A2 such that the washing results detailed in the Annex will be attained.
6.3 Without derogating from that provided above and below, it is clarified that a principal and fundamental condition of this Agreement is that the Supplier's Services are provided by it with a full warranty and the Supplier must take all of the actions required in order to ensure that its Services are provided in a manner that is comprehensive, widespread, and complete, at a high professional level, and in accordance with the schedules until full and complete performance of all of the obligations of the Supplier pursuant to this Agreement.
6.4 The Washing Machines that shall be supplied by the Supplier shall be, at the time of their supply to ISR, inter alia, of the most advanced technology offered by the Manufacturer of the Washing Machines at such time.
6.5 That all of the equipment, software and/or hardware that shall be supplied by the Supplier in the framework of the Washing Machines will include the authorization of ISR and/or anyone on its behalf to use every option and/or application that exists and/or that is offered by the Manufacturer of the Washing Machines with software and/or hardware as mentioned (including everything related to communication of the Washing Machines with the other systems of ISR) for an unlimited period of time, and ISR shall not be required to pay any additional consideration to the Supplier and/or to any third party in order to use and/or to exploit any option and/or application as mentioned for the benefit of the Project that is the subject of this Agreement.
6.6 The Supplier undertakes to employ and supply expert manpower, with professional and high quality abilities, capabilities and proven experience in the establishment of projects of the type contemplated and in the provision of Washing Machine services similar in character and scope of the Project that is the subject of this Agreement, that are appropriate for the needs o...
Obligations of Supplier. (a) Product Support and Training. Supplier shall provide Distributor with engineering and technical support for the Product, including providing corrections or workarounds to correct defects, bugs, or errors in the Product. In the event a critical defect is discovered, Supplier agrees to use best efforts to correct the defect and provide such correction within fifteen (15) calendar days after notice thereof. A critical defect is generally defined as one which causes the Product not to function for which there is no known workaround. Supplier shall maintain a telephone number and technicians to receive calls from Distributor's technical staff for so long as Supplier has technicians responding to product support calls, currently 8 a.m. to 6 p.m. Pacific Standard Time (USA). Supplier shall also provide Distributor with a pager number pursuant to which Supplier's technician shall respond within four (4) hours to any page received from Distributor, twenty-four (24) hours a day seven (7) days a week concerning problems and questions. Supplier shall respond to email questions regarding product support and training sent by Distributor within twenty-four (24) hours. Supplier shall also provide training with respect to the use, reproduction, installation and distribution of the Software as contemplated under the Agreement.
(b) E-commerce transaction services and infrastructure. Supplier shall provide Distributor with such e-commerce transaction services and infrastructure necessary for the sale of the Product through any Internet web site through which the parties agree to distribute the Product.
