PURCHASED PRODUCTS Sample Clauses

PURCHASED PRODUCTS. 4.1 The risk of loss in Products purchased by CUSTOMER will transfer upon shipment from GDS or supplier. Unless otherwise agreed in writing, GDS will ship all Products FOB shipping point from GDS’s premises in the United States or from supplier to CUSTOMER's designated location, and all shipping costs will be borne by CUSTOMER. In no event will GDS have any liability in connection with any shipment, nor will the carrier be deemed to be an agent of GDS unless otherwise agreed in a Quote, CUSTOMER agrees to accept partial shipments. 4.2 Title to Products purchased by CUSTOMER will transfer from GDS to CUSTOMER upon GDS’s receipt of the full sale price and any applicable taxes, fees, and freight charges. Until such time, CUSTOMER will keep Products that are owned by GDS free from any liens, claims or encumbrances. 4.3 GDS warrants that new Products delivered to CUSTOMER will perform substantially in accordance with the specifications contained in the technical documentation accompanying the Products in accordance with supplier warranties and warranty period. GDS further warrants that all refurbished or used Products or accessories sold hereunder will be free from defects in workmanship and material for a period of thirty (30) days from the date of delivery. All repairs covered by such warranty will be performed at no charge to CUSTOMER. For any repairs requested after the warranty period, GDS will provide a Quote for such repairs and upon acceptance of the Quote, the repairs will be performed per the terms of the Quote. 4.4 In the event of a warranty claim, GDS will, at its sole option: (a) repair the Product, (b) replace the nonconforming Product, or (c) if GDS determines that neither of the foregoing is commercially reasonable, upon return of the Product to GDS, refund all sums paid to GDS by CUSTOMER with respect to the nonconforming Product. The foregoing warranty on Products is CUSTOMER's sole remedy in the event of a warranty claim and is a 'back-to-base' warranty, such that CUSTOMER will bear the transportation cost of returning any nonconforming or defective Product to GDS’s designated premises in the United States and also the transportation cost associated with returning Product following a repair from GDS’s premises in the United States to CUSTOMER's premises. 4.5 If CUSTOMER requires a GDS technician to travel to CUSTOMER's location to perform warranty services, CUSTOMER shall bear all costs associated with the travel including, but not limited to...
AutoNDA by SimpleDocs
PURCHASED PRODUCTS. Products will be invoiced at the time of shipment. The price of the Products does not include applicable taxes and is due and payable in U.S. dollars within ten (10) days of date of invoice.
PURCHASED PRODUCTS. Products sold at market pursuant to Part III.E.
PURCHASED PRODUCTS. The price of any purchased Products will be invoiced at the time of shipment. All prices stated or referred to in this Agreement are exclusive of applicable taxes, which shall be added to invoices at the appropriate rate. Agency shall pay each invoice within thirty (30) days of date of each such invoice.
PURCHASED PRODUCTS. Medartis agrees to sell and the Customer agrees to purchase the Purchased Products.
PURCHASED PRODUCTS in respect of consigned Products which have been subject to a Purchase Event pursuant to Clause 16.2 prior to the date of expiry or termination of such Statement of Work, subject to any right of set-off the Contracting Company may have, the Contracting Company shall pay the Supplier for such Products upon receipt of correctly issued invoice from the Supplier for such Products;

Related to PURCHASED PRODUCTS

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • 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.

  • Manufacture of Products All Products marketed through Grantor's Web ------------------------- Site shall be manufactured, packaged, prepared, and shipped in accordance with the specifications and requirements described on Exhibit A hereto as it may be modified from time to time. Quality control standards relating to the Product's weight, color, consistency, micro-biological content, labeling and packaging are also set forth on Exhibit A. In the event that Exhibit A is incomplete, Products shall be manufactured and shipped in accordance with industry standards.

  • 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.

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Recycled Products The Contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. References: 42 U.S.C. 6962, 40 CFR Part 247, Executive Order 12873 (More than $10,000)

  • Manufacture 2.1. The LED(s) on the LED module shall be equipped with suitable fixation elements. 2.2. The fixation elements shall be strong and firmly secured to the LED(s) and the LED module.

  • Other Products If you ask, we will provide you with information on any other home equity products we offer.

  • Existing Products Except as set forth below, Contractor shall retain all rights, title and interest in Existing Products.

  • Custom Products Effective upon creation of Custom Products, Contractor hereby conveys, assigns and transfers to Authorized User the sole and exclusive rights, title and interest in Custom Product(s), whether preliminary, final or otherwise, including all trademark and copyrights. Contractor hereby agrees to take all necessary and appropriate steps to ensure that the Custom Products are protected against unauthorized copying, reproduction and marketing by or through Contractor, its agents, employees, or Subcontractors. Nothing herein shall preclude the Contractor from otherwise using the related or underlying general knowledge, skills, ideas, concepts, techniques and experience developed under a Purchase Order, project definition or work order in the course of Contractor’s business. Authorized User may, by providing written notice thereof to the Contractor, elect in the alternative to take a non-exclusive perpetual license to Custom Products in lieu of Authorized User taking exclusive ownership and title to such Products. In such case, Licensee on behalf of all Authorized Users shall be granted a non-exclusive perpetual license to use, execute, reproduce, display, perform, adapt and distribute Custom Product as necessary to fully effect the general business purpose(s) as stated in paragraph (b)(i)(2), above.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!