Product Condition Sample Clauses

Product Condition. Unless otherwise stated in the Non-Price Specifications or unless agreed upon by a Member in connection with Products it may order, all Products will be new. Products which are demonstrators, used, obsolete, seconds, or which have been discontinued are unacceptable unless otherwise specified in the Non-Price Specifications or the Member accepts delivery after receiving notice of the condition of the Products.
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Product Condition. Customer warrants that the Product covered by this Agreement (a) is in proper operating condition, (b) is without any unauthorized modifications, (c) has all safety features in working condition, and (d) has been maintained in accordance with manufacturer’s Product performance specifications. Alaris reserves the right to inspect the Product and site installation to confirm that Products meet those conditions. At Alaris’ discretion, such inspection and any repairs necessary to bring the Product up to those conditions shall be treated as Per-Call Service. If at any time Customer fails to maintain the Product in proper operating condition as described above, Alaris may cancel this Agreement immediately upon written notice to Customer.
Sample 1Sample 2Sample 3See All (10)
Product Condition. Customer warrants that the Product covered by this Agreement (a) is in proper operating condition, (b) is without any unauthorized modifications, (c) has all safety features in working condition, and (d) has been maintained in accordance with manufacturer’s Product performance specifications. Kodak reserves the right to inspect the Product and site installation to confirm that Products meet those conditions. At Kodak’s discretion, such inspection and any repairs necessary to bring the Product up to those conditions shall be treated as Per-Call Service. If at any time Customer fails to maintain the Product in proper operating condition as described above, Kodak may cancel this Agreement immediately upon written notice to Customer.
Sample 1
Product Condition. Customer warrants that all Products are in working condition as of the Effective Date of this Agreement stated on the cover page. For Support Services supporting the operating system, Customer further warrants that products have the latest operating system version designed for the Product or a mutually agreed upon version of the operating system and is responsible for updating to the latest security patch provided by Google and for taking reasonable steps to protect its data and network against known security threats. Honeywell may require Product to be inspected at current on-site inspection rates prior to coverage being offered or effective if Product is not new or has not been continuously covered by a Honeywell service contract. If remedial repairs are required, Honeywell will provide a cost estimate at current parts and labor rates or at current flat rate repair rates. Such repairs must be completed before Product can be covered under this Agreement. Honeywell reserves the right to charge customer a fee if to install a new version of the operating system if a device covered by Support Service does not have the mutually agreed operating system.
Sample 1Sample 2
Product Condition. 8 c. Shelf Life............................................8
Sample 1
Product Condition. Although some products are new in the box, the Bidder accepts the possibility that their Item may have minor cosmetic flaws that do not affect the performance of the product.
Sample 1
Product Condition. Once a Product has been approved by METRO, Vendor shall not make any changes to such Product or anything that would affect the Product Specifications without METRO's prior written consent. METRO may, at its sole discretion, reject and return to the Vendor or retain, at the Vendor's expense and risk, any Product that does not meet Product Specifications or that METRO, acting reasonably, does not deem satisfactory, or that is shipped contrary to METRO's instructions or in quantities over or under those specified, or substituted for the Product, or shipped in packaging other than as stated in the Product Specifications (or, absent such Specifications, in recognized standard packaging), or that allegedly or actually violates any applicable law or regulation. METRO may charge the Vendor, who shall pay forthwith, all unpacking, inspection, repacking, storage, shipping and reshipment costs pertaining to any rejected Product. With respect to any Product that is a drug or medical device as defined by the laws and regulations applicable to METRO, the Vendor shall inform METRO of the drug or device's projected useful life as determined by the Vendor. With respect to any Product that is a medical device for which METRO must obtain a medical device licence from Health Canada or any other regulatory body, the Vendor warrants and guarantees that the original medical device licence application for the Product and the Product meet the ISO 13485 standard and shall provide METRO with the original medical device application number and catalogue numbers concerning said Product. The Vendor acknowledges that any change to an original product licensed by Health Canada or meeting the ISO 13485 standard may affect METRO's medical device licence for the Product. Therefore, the Vendor shall inform METRO immediately of any modification, change or cancellation whatsoever involving any such original product, and shall refrain from any action as regards METRO so as not to hinder METRO's obtaining a medical device licence for the Product. With respect to any Product that is a drug or a natural health product which requires an identification number from Health Canada or any other regulatory body, the Vendor warrants and guarantees that it has obtained the valid market authorization for any such Product in the Territory and shall provide METRO with the original product identification number. Upon request, the Vendor shall also provide METRO with copies of the stability studies regarding any...
Sample 1
Product Condition. Unless otherwise agreed upon by a Member, all Medical-Surgical Products shall be new. Medical-Surgical Products that are demonstrators, used, obsolete, or seconds, or which have been discontinued, are unacceptable unless the Member accepts delivery after receiving notice from Distributor of the condition of the Medical-Surgical Products.
Sample 1

Related to Product Condition

  • Product Recall (a) If a recall is required by applicable Law, or if Buyer or Supplier reasonably determines that a recall is advisable because the goods may create a potential safety hazard, are not in compliance with any applicable code, standard or legal requirement, or contain a defect or non-conformance with the requirements of this Order occurring or likely to occur in multiple goods, which such defects or non-conformances are substantially similar or have substantially similar causes or effects (collectively a “Serial Defect”), the parties shall promptly communicate such facts to each other. At Buyer’s request, Supplier shall promptly develop a corrective action plan satisfactory to Buyer, which shall include all actions required to recall and/or repair the goods and any actions required by applicable Law (“Corrective Action Plan”) for Buyer’s review and approval. At Buyer’s election, Xxxxx may develop the Corrective Action Plan. In no event shall Buyer and Supplier’s failure to agree on the Corrective Action Plan delay the timely notification of a potential safety hazard, non-compliance or Serial Defect to users of the goods, cause either party to be non-compliant with applicable Law or prevent Buyer from taking reasonable actions to prevent injury or damage to persons, equipment or other property. Supplier and Buyer shall cooperate with and assist each other in any corrective actions and/or filings, if applicable. (b) To the extent a recall is required by applicable Law, or due to a potential safety hazard, non-compliance or Serial Defect, which is caused by Supplier, Supplier shall indemnify and hold Buyer harmless from all reasonable costs and expenses incurred in connection with any recall, repair, replacement or refund program, including all costs related to: (i) investigating and/or inspecting the affected goods; (ii) notifying Buyer’s customers; (iii) repairing, or where repair of the goods is impracticable or impossible, repurchasing or replacing the recalled goods; (iv) packing and shipping the recalled goods; and (v) media notification. Each party shall consult the other before making any statements to the public or a governmental agency relating to such recall, potential safety hazard, non- compliance or Serial Defect, except where such consultation would prevent timely notification required by Law.

  • Laboratory Testing All laboratories selected by UPS Freight for analyzing Controlled Substances Testing will be HHS certified.

  • Clinical 1.1 Provides comprehensive evidence based nursing care and individual case management to a specific group of patients/clients including assessment, intervention and evaluation. 1.2 Undertakes clinical shifts at the direction of senior staff and the Nursing Director including participation on the on-call/after-hours/weekend roster if required. 1.3 Responsible and accountable for patient safety and quality of care through planning, coordinating, performing, facilitating, and evaluating the delivery of patient care relating to a particular group of patients, clients or staff in the practice setting. 1.4 Monitors, reviews and reports upon the standard of nursing practice to ensure that colleagues are working within the scope of nursing practice, following appropriate clinical pathways, policies, procedures and adopting a risk management approach in patient care delivery. 1.5 Participates in xxxx rounds/case conferences as appropriate. 1.6 Educates patients/carers in post discharge management and organises discharge summaries/referrals to other services, as appropriate. 1.7 Supports and liaises with patients, carers, colleagues, medical, nursing, allied health, support staff, external agencies and the private sector to provide coordinated multidisciplinary care. 1.8 Completes clinical documentation and undertakes other administrative/management tasks as required. 1.9 Participates in departmental and other meetings as required to meet organisational and service objectives. 1.10 Develops and seeks to implement change utilising expert clinical knowledge through research and evidence based best practice. 1.11 Monitors and maintains availability of consumable stock. 1.12 Complies with and demonstrates a positive commitment to Regulations, Acts and Policies relevant to nursing including the Code of Ethics for Nurses in Australia, the Code of Conduct for Nurses in Australia, the National Competency Standards for the Registered Nurse and the Poisons Act 2014 and Medicines and Poisons Regulations 2016. 1.13 Promotes and participates in team building and decision making. 1.14 Responsible for the clinical supervision of nurses at Level 1 and/or Enrolled Nurses/ Assistants in Nursing under their supervision.

  • Product Recalls (a) If either Party reasonably decides or is required by any government authority or court of competent jurisdiction, to initiate a product recall, withdrawal or field correction with respect to, or if there is any governmental seizure of, the Product, the Party initiating or required to initiate such action will notify the other Party promptly of the details regarding such action, including providing copies of all relevant documentation concerning such action. The Parties will assist each other in investigating any such situation and all regulatory contacts that are made and all activities concerning seizure, recall, withdrawal or field correction will be jointly coordinated by HSL and LMI. (b) If any such recall, withdrawal, field correction or seizure occurs due solely to (i) failure of any Product produced by HSL hereunder to conform to Specifications (including, without limitation, being adulterated or misbranded) or any warranty or other requirement set forth in this Agreement, (ii) the failure of HSL to comply in all material respects with any applicable law, rule, regulation, guideline, standard, court order or decree or (iii) the negligent or intentional wrongful act or omission of HSL in connection with the production of Product hereunder, then HSL shall bear the **** of any such seizure, recall, withdrawal or field correction and shall reimburse LMI for its ****, including any purchase price payments made to HSL and related taxes to the extent related to such recalled Product. To the extent any such recall, withdrawal, field correction or seizure occurs for any reason other than that set forth in the immediately preceding sentence, then LMI shall bear the **** of any such seizure, recall, withdrawal or field correction. If both HSL and LMI contribute to the cause of a seizure, recall, withdrawal or field correction, the cost and expense thereof will be shared in proportion to each Party’s contribution to the problem. For the purposes of this Agreement, the expenses of any recall, withdrawal, field correction or seizure shall include, without limitation, the out-of-pocket expenses of notification and destruction or return of the recalled Product and all other out-of-pocket costs incurred in connection with such recall but shall not include a Party’s lost profits. HSL’s reimbursement for the costs of LMI Materials related to such recall, withdrawal or field correction is limited by Section 5.6(c).

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