Provision of Goods. Subject to the applicable Order Form and the additional terms that may be stated therein, PCS may lease or sell certain Goods to Customer (respectively “Leased Goods” or “Purchased Goods"). Leased Goods will be provided by PCS on a subscription basis but will not be considered a Subscription Service.
Provision of Goods. 5.1 The Clauses in this section 5 apply only when Vorboss provides Customer with Goods (whether by sale, lease or otherwise).
5.2 For Goods sold by Vorboss to the Customer:
(A) The Customer shall have no right to return Goods unless agreed in advance in writing.
(B) All Goods shall remain the property of Vorboss until Vorboss has received all Outstanding Amounts.
5.3 For Goods owned by Vorboss (whether by virtue of Clause 5.2(B) or otherwise) but in possession of the Customer:
(A) The Customer’s right to possession will terminate immediately upon the occurrence of any event which would allow Vorboss to terminate the Agreements.
(B) Vorboss will be entitled to recover payment for the Goods despite the title of the Goods remaining with Vorboss.
(C) Risk in the Goods of any loss, damage, destruction, theft or seizure will pass to the Customer upon delivery and Customer must obtain and maintain adequate insurance with a reputable insurer against these risks for the full value of the equipment. The Customer must provide copies of insurance contracts evidencing compliance with this clause within 10 Business Days upon request.
(D) The Customer shall not remove any labels, asset tags or other markings that identify the Goods as belonging to Vorboss.
(E) The Customer grants Vorboss an irrevocable licence to enter any premises where the Goods are stored to inspect them, or where the Customer’s right to possession has terminated, to recover them.
Provision of Goods. 5. The goods supplied shall conform to the type/description provided in Annex I, shall fit the purposes for which the goods are ordinarily used and as specified in the Purchase Orders, and should be free from all material defects.
6. The Contractor warrants that the goods supplied under this Agreement are new and unused. The Contractor further warrants that all goods supplied under the Agreement shall have no material defect arising from design, material or workmanship or from any act or omission of the contractor or manufacturer that may develop under normal use of the supplied goods in the conditions specified in purchase order.
Provision of Goods. The Provider shall supply and, where relevant, install the Goods in accordance with the specification in the Agreement, the Invitation to Tender, the Order Form and in accordance with any obligations implied by Section 12 or 14 of the Sale of Goods Xxx 0000. If requested by the Customer the Provider shall provide the Customer with samples of Goods for evaluation and approval, at the Provider's cost and expense. If requested by the Customer the Provider shall submit products to an Independent Testing House/Organisation for testing at the Provider’s cost and expense. Where the Goods are too large to be sent to an Independent Testing House/Organisation or need to be tested in situ then the Provider shall arrange for an Independent Testing Engineer to test the Goods and the installation of the Goods at their own cost and expense. Such requests for Testings should be acted upon immediately. The Provider shall ensure that the Goods are fully compatible with any of the Customer's equipment, to the extent specified in the Order Form. The Provider acknowledges that the Customer relies on the skill and judgment of the Provider in the provision of the Goods and the performance of its obligations under the Contract. The Provider, its agents, sub-contractors and suppliers shall employ sufficient staff to ensure that the Goods are provided at all times and in accordance with the Contract. Without prejudice to the generality of this obligation, it shall be the duty of the Provider to ensure that a sufficient reserve of staff is available to provide the Goods in accordance with the Contract during staff holidays or absence through sickness or any other cause.
Provision of Goods. Supplier shall provide the goods described in the Purchase Order or any appendices or exhibits comprising part of this Agreement ("Goods") in accordance with the terms of this Agreement.
Provision of Goods. The Company appoints the Supplier and the Supplier accepts the appointment to provide the Goods to the Company on a non-exclusive basis during the Term in accordance with the terms and conditions of this Agreement.
Provision of Goods. The Company appoints the Supplier by the issue of a Purchase Order, and the Supplier accepts the appointment, to supply the Goods to the Company on a non-exclusive basis during the Term and on the terms and conditions of the Contract. A variation of a Purchase Order by the Supplier will only be binding on the Company if confirmed in writing by the Company.
Provision of Goods. LS&S may purchase goods for use in the management and operation of the Library (as defined below). Subject to applicable state public procurement laws, LS&S may select sources of goods. Title to all items purchased by LS&S shall at all times reside in the County. If LS&S furnishes any goods to the County, LS&S will use good faith efforts to extend the manufacturer’s warranty, if any, to the County.
Provision of Goods. Marketing of Goods by SPS, its agents or distributors in relation to the Goods.
Provision of Goods. (a) You must ensure that all goods specified in a Supplier Listing that is accepted by a Customer are provided:
(i) in accordance with all applicable laws, regulations, tax obligations and industry standards;
(ii) with due care and skill and in a professional, punctual and diligent manner;
(iii) so that the goods are fit for their intended purpose; and
(iv) on the date and at the times set out in the Supplier Listing, or as agreed with the Customer.
(b) You acknowledge and agree that a Customer may review any Supplier Listing or goods you provide under a Service Listing on the Platform in accordance with clause 4 of Part Part D of this agreement.
(c) If a Customer requests to reschedule the delivery time for the services listed in a Service Listing or as otherwise agreed, you may choose to accept or reject such a request.
