Product Substitutions. In the event a specified manufacturer’s product becomes unavailable or the expected delivery is delayed beyond fourteen (14) calendar days, Contractor must notify Purchaser and offer Purchaser two choices: (1) an item of equal quality and value at no additional expense or (2) cancellation of the Purchaser Order without any fees and shall provide a full refund within thirty (30) days of the cancellation request.
Product Substitutions. The Contractor shall not replace any ordered Product with an alternate Product without the prior consent of the Customer (e.g., no forced substitutions). The Contractor shall honor orders where the Customer agrees to use a higher-priced Product to fill the order and the Customer will be billed at the lower price of the Product that was out of stock.
Product Substitutions. There will be no substitutions of ordered product allowed unless the IUC-PG has first been notified and permission granted.
Product Substitutions. Product substitution is not allowable unless pre-approved; in writing, by the State or Ordering Agency and only then may the item be shipped. The substituted item shall be of equal functionality and quality and shall not exceed the contract price of the back ordered or unavailable item. Contractor shall submit a quarterly report of all items that have been substituted.
Product Substitutions. Prior to the Continuation Decision with respect to each Product (“Substituted Product”), either Party may propose to the other Party that a [***] (“Replacement Product”) be substituted for such Product, and a meeting of the Parties shall be held within [***] of such request to determine whether to make such substitution. If the Parties [***] agree in writing to such substitution, then the Parties shall [***] the [***] terms under which such Replacement Product shall become a Product and the [***] of such Product shall become a [***] for all purposes of this Agreement. Confidential Portions of this Exhibit marked as [***] have been omitted pursuant to a request for confidential treatment and have been filed separately with the Securities and Exchange Commission. Confidential Treatment Requested by Momenta Pharmaceuticals, Inc.
Product Substitutions. Product substitutions are not allowed unless inventory of the item ordered is out and the Contractor receives prior written approval from the Customer. Every attempt should be made by the Contractor to offer an item of comparable quality and cost. The Contractor must provide detailed specifications and nutritional information for any item that is being substituted to the Customer. The State reserves the right at any time during the life of the Contract to request samples of proposed substituted products to determine if the quality meets or exceeds the original product as determined by the State.
Product Substitutions. There will be no substitutions of ordered product allowed unless the University has first been notified and permission granted.
Product Substitutions. Contractor may make product substitutions either to the internal system components, options or external peripherals as long as the substitute item is the same or better technology at the same or lower price. Delivery order modifications will not be required. The invoice will reflect the actual product shipped NOT the product ordered. To effect administrative savings, procuring agencies are instructed to make payments in accordance with this paragraph without requiring a delivery order modification. The following note will appear on the invoice. "In accordance with the Product Substitutions paragraph in the Master Price Agreement, COMPAQ has substituted a product on this order. The substitution is the same or better technology at the same or lower price."
Product Substitutions. Contractor may make Product substitutions either to the internal system components, options or external peripherals as long as the substitute item is the same or better functionality at the same or lower price. Delivery order modifications will not be required. The invoice and/or packing slip will reflect the actual Product shipped NOT the Product ordered. To effect administrative savings, Procuring Agencies are instructed to make payments in accordance with this paragraph without requiring a delivery order modification. The following note will appear on the invoice when at point of order entry, the Contractor is knowledgeable of Product substitution(s). "In accordance with the Product Substitutions paragraph in the Master Price Agreement, Gateway has substituted a Product on this order. The substitution is the same or better functionality at the same or lower price."
Product Substitutions. Prior to the Continuation Decision with respect to each Product (“Substituted Product”), either Party may propose to the other Party that a [***] (“Replacement Product”) be substituted for such Product, and a meeting of the Parties shall be held within [***] of such request to determine whether to make such substitution. If the Parties [***] agree in writing to such substitution, then [***].
