Products Characteristics Sample Clauses

Products Characteristics. The Products that shall be subject to the Services will be those described in Exhibit 2, of the present Agreement. K+N acknowledges that the Products require normal and moderate care appropriate to their nature. Customer shall notify in writing K+N the care, remedies and special precautions required by the Products. K+N will not be responsible for any loss, injury, harm or damage of the Products it Customer fails to notify K+N the care, remedies and special precautions of the Products. Customer will be held responsible for any damages and lost profits suffered by K+N or its shareholders, dependents, agents, representatives, functionaries, employees, workers or any third party derived from the fault, deceit, bad faith, negligence of the Customer due to the inaccurate, incomplete, inexact or false information provided to the K+N in connection to the Products. In the event, Customer wishes K+N to provide the Services with respect to goods and merchandises different to the Products due to their different characteristics, care specifications, special management and maintaining specifications, Customer must notify in writing to K+N the characteristics and special care for such goods or merchandises so K+N can analyze the possibility of performing such Services in connection to such products. K+N is not obliged to perform the Services in connection to such products. K+N may increase the consideration to be paid by the Customer in the event of providing such Services. Customer and his supplier will have the full property of the Products, such property will not be assigned in any circumstance or any way whatsoever to K+N. K+N will not assert any ownership rights on the Products and therefore shall not assess, lease, transfer or by any other title alienate them, except for the rights derived of a payment guaranty for the Services as established in the Agreement or in the terms of a written instruction provided by the Customer. All of the Products manage by K+N that are not property of the Customer, will be at the sole and exclusive risk of the Customer; K+N will not be held responsible for any damage, lost profits, or loss of such Products, and the Customer in this act indemnifies and holds free K+N from any harm and damage derived from any Customer’s or third party lawsuits or claims in connection to the foregoing. Customer shall deliver K+N the respective invoices that acknowledge the property of the Products or a responsive letter duly issued in connection to the...
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Products Characteristics. 3.1 Any information on Products’ dimension, models and any other technical characteristics, on the usage of the Products as well as any other data contained in brochures, prospectus, news letters, advertisement, illustrations or price lists of the Seller shall only be held binding to the extend said information has been explicitly quoted in the Agreement. 3.2 It is hereby understood that the Seller shall be the sole proprietor of any technical documentation or drawing of the Products sent to the Purchaser before the execution of the Agreement. The Purchaser, therefore, shall not use or copy, reproduce or inform any third parties of such documentation without receiving the Seller’s prior written authorisation. 3.3 The Seller is entitled to make those changes to Products without the latter changing their essential characteristics, but which may be retained to be necessary or opportune. 3.4 Notwithstanding the applicability of all the provisions of the General Conditions of Sale, the Parties hereto agree that on producing special pieces - meaning by that products that are made further to Purchaser’s specific request and that require particular investments in their study and production (hereinafter referred to as “Special Pieces”) - shall agree in writing specific undertakings pertaining thereto which shall include but not be limited to, and are hereby already accepted, payment by the Purchaser of costs (a) for the initial projecting and study phase and (b) the Seller’s warehousing of Special Pieces, to be calculated according to the declarations rendered by the Purchaser on placing the order. The production of Special Pieces shall be carried out in compliance with the written agreement entered between the parties and indicated in the Offer and/or in the Confirmation Offer.
Products Characteristics. Products to be sold and delivered hereunder shall be of the kinds, grades, octanes, brands and quality generally sold by MPC at the time and place of delivery to BUYER. BUYER will not supply or sell Gasoline having octane levels different than the octane levels MPC is at that time offering without the prior written consent of MPC. [***] the right [***] from time to time, and to [***].
Products Characteristics. BUYER will not supply or sell at the Branded Outlets any Products having octane levels different than the octane levels SELLER is at that time offering without the prior written consent of SELLER. SELLER reserves the right to change the grade, specifications, characteristics, delivery package, brand name or other distinctive designation of any Product from time to time, and to discontinue marketing any of the Products at any time without liability or further obligation to BUYER with respect to the purchase and sale thereof.

Related to Products Characteristics

  • Characteristics The Contracts have the following characteristics: (i) all the Contracts are secured by Motorcycles; (ii) no Contract has a remaining maturity of more than 84 months; and (iii) the final scheduled payment on the Contract with the latest maturity is due no later than July 27, 2030. Approximately 63.90% of the Pool Balance as of the Cutoff Date is attributable to loans for purchases of new Motorcycles and approximately 36.10% is attributable to loans for purchases of used Motorcycles. No Contract was originated after the Cutoff Date. No Contract has a Contract Rate less than 0.010%.

  • ODUF Physical File Characteristics 6.2.1 ODUF will be distributed to TWTC via Secure File Transfer Protocol (FTP). The ODUF feed will be a variable block format. The data on the ODUF feed will be in a non-compacted EMI format (175 byte format plus modules). It will be created on a daily basis Monday through Friday except holidays. Details such as dataset name and delivery schedule will be addressed during negotiations of the distribution medium. There will be a maximum of one dataset per workday per OCN. If AT&T determines the Secure FTP Mailbox is nearing capacity levels, AT&T may move the customer to CONNECT: Direct file delivery. 6.2.2 If the customer is moved, CONNECT: Direct data circuits (private line or dial-up) will be required between AT&T and TWTC for the purpose of data transmission. Where a dedicated line is required, TWTC will be responsible for ordering the circuit, overseeing its installation and coordinating the installation with AT&T. TWTC will also be responsible for any charges associated with this line. Equipment required on the AT&T end to attach the line to the mainframe computer and to transmit messages successfully on an ongoing basis will be negotiated on an individual case basis. Any costs incurred for such equipment will be TWTC's responsibility. Where a dial-up facility is required, dial circuits will be installed in the AT&T data center by AT&T and the associated charges assessed to TWTC. Additionally, all message toll charges associated with the use of the dial circuit by TWTC will be the responsibility of TWTC. Associated equipment on the AT&T end, including a modem, will be negotiated on an individual case basis between the Parties. All equipment, including modems and software, that is required on TWTC end for the purpose of data transmission will be the responsibility of TWTC. 6.2.3 If TWTC utilizes FTP for data file transmission, purchase of the FTP software will be the responsibility of TWTC.

  • Physical File Characteristics 7.2.1 The EODUF feed will be distributed to Comcast Phone over their existing Optional Daily Usage File (ODUF) feed. The EODUF messages will be intermingled among Comcast Phone’s Optional Daily Usage File (ODUF) messages. The EODUF will be a variable block format (2476) with an LRECL of 2472. The data on the EODUF will be in a non-compacted EMI format (175 byte format plus modules). It will be created on a daily basis (Monday through Friday except holidays). 7.2.2 Data circuits (private line or dial-up) may be required between BellSouth and Comcast Phone for the purpose of data transmission. Where a dedicated line is required, Comcast Phone will be responsible for ordering the circuit, overseeing its installation and coordinating the installation with BellSouth. Comcast Phone will also be responsible for any charges associated with this line. Equipment required on the BellSouth end to attach the line to the mainframe computer and to transmit successfully ongoing will be negotiated on an individual case basis. Where a dial-up facility is required, dial circuits will be installed in the BellSouth data center by BellSouth and the associated charges assessed to Comcast Phone. Additionally, all message toll charges associated with the use of the dial circuit by Comcast Phone will be the responsibility of Comcast Phone. Associated equipment on the BellSouth end, including a modem, will be negotiated on an individual case basis between the Parties. Version 4Q01 12/01/01 All equipment, including modems and software, that is required on Comcast Phone’s end for the purpose of data transmission will be the responsibility of Comcast Phone.

  • Characteristics of Receivables Each Receivable (A) shall have been originated in the United States by a Dealer for the retail sale of the related Financed Vehicle in the ordinary course of such Dealer’s business, shall have been fully and properly executed by the parties thereto, shall have been purchased by the Seller from such Dealer under an existing agreement with the Seller, shall have been validly assigned by such Dealer to the Seller in accordance with its terms and, to the best knowledge of the Seller, shall have been sold by a Dealer without fraud or misrepresentation, (B) shall have created or shall create a valid, subsisting and enforceable first priority security interest in favor of the Seller in the related Financed Vehicle, (C) shall contain customary and enforceable provisions such that the rights and remedies of the holder thereof shall be adequate for realization against the collateral of the benefits of the security, (D) shall provide for level Monthly Payments (provided that the first or last payment in the life of the Receivable may be minimally different from the level payment) that fully amortize the Amount Financed over its original term and shall provide for a finance charge or shall yield interest at its APR, (E) shall provide for, in the event that such Receivable is prepaid, a prepayment that fully pays the Principal Balance and includes accrued but unpaid interest at least through the date of prepayment in an amount calculated by using an interest rate at least equal to its APR, (F) shall have an Obligor that is not a federal, state or local governmental entity and (G) is a retail installment contract.

  • Pool Characteristics The Mortgage Loans in the related Mortgage Loan Package have the characteristics as set forth on Exhibit 2 to the related Assignment and Conveyance.

  • Mortgage Loan Characteristics The characteristics of the related Mortgage Loan Package are as set forth on the description of the pool characteristics for the applicable Mortgage Loan Package delivered pursuant to Section 11 on the related Closing Date in the form attached as Exhibit B to each related Assignment and Conveyance Agreement;

  • Products Products available under this Contract are limited to Software, including Software as a Service, products and related products as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.B above. Vendor may not add a manufacturer’s product line which was not included in the Vendor’s response to the solicitation described in Section 1.B above.

  • CHARACTERISTICS OF THE ACADEMY The characteristics of the Academy set down in Section 1(6) of the Academies Act 2010, are that:

  • Labelling The distributor, on behalf of the selected vendor agrees that all supplies of articles should invariably contain the following information on its label and the carton. One information should not be overlapped by any other information needed to be furnished. The label should contain : a. Name of the item as approved b. CMS Cat. No. c. Manufacturing date/Import date for the imported items. d. Expiry Date. (where applicable) e. Name & address of Registered Office of Manufacturers and place of manufacture. f. Manufacturing License Number. (where applicable for Manufactures) g. Batch Number (where applicable) h. Month and Year of supply. i. The label & Carton must invariably marked “W B. GOVT SUPPLY : NOT FOR SALE”. j. All Surgical items quoted/supplied by the tenderer must conform to IS /BIS /CE/USFDA. Pacemker must conform to CE & US FDA norms. In case of Drugs items quoted /supplied by tenderer MUST CONFORM TO IP, BP, or USP norms and N.F.I. –III specification as noted against the item(s) in catalogue as applicable. k. The MRP and Trade Name will not be allowed to be printed in any pack. This will lead to cancellation of candidature straightaway. However, for excisable products, insertion of writing of Govt MRP is allowed as per provision laid down in the order of the Central Excise dept. However, for imported item(s), MRP and Trade name may be allowed in addition to Generic name.

  • Product ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User(s) shall have thirty (30) days from the date of delivery to accept hardware products and sixty (60) days from the date of delivery to accept all other Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty (30) day increment. Authorized User shall notify Contractor of acceptance upon successful completion of the documented installation test. Such cancellation shall not give rise to any cause of action against the Authorized User for damages, loss of profits, expenses, or other remuneration of any kind. If the Authorized User elects to provide a deficiency statement specifying how the Product fails to meet the specifications within the testing period, Contractor shall have thirty (30) days to correct the deficiency, and the Authorized User shall have an additional sixty (60) days to evaluate the Product as provided herein. If the Product does not meet the specifications at the end of the extended testing period, Authorized User, upon prior written notice to Contractor, may then reject the Product and return all defective Product to Contractor, and Contractor shall refund any monies paid by the Authorized User to Contractor therefor. Costs and liabilities associated with a failure of the Product to perform in accordance with the functionality tests or product specifications during the acceptance period shall be borne fully by Contractor to the extent that said costs or liabilities shall not have been caused by negligent or willful acts or omissions of the Authorized User’s agents or employees. Said costs shall be limited to the amounts set forth in the Limitation of Liability Clause for any liability for costs incurred at the direction or recommendation of Contractor.

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