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, transportation costs, room and board. GDS will provide CUSTOMER a written estimate of such costs upon request. 4.6 The foregoing warranty does not extend to Product which is altered, improperly installed by a third party or which fails or is damaged after delivery due to accident, act of God, shipment or handling, or due to storage, operation, use, or maintenance in a manner or environment which does not conform to the Product manufacturer's instructions or specifications provided by GDS at the time of delivery to CUSTOMER. 4.7 Return of unused Product by CUSTOMER to GDS in its original package, in its original condition, and within the manufactures return policy, GDS will refund to CUSTOMER eighty five percent (85%) of the purchase price. CUSTOMER will bear all shipment and insurance costs related to such return shipment. 4.8 All Product returned to GDS will be subject to supplier terms and conditions and must have a GDS issued Returned Merchandise Authorization ("RMA") number prominently displayed on the packaging and must be returned to the GDS facility as directed by GDS. An RMA number may be obtained by calling GDS’s Customer Care at 0-000-000-0000 press 1, within North America (Toll Free) or by email at xxxxxxx@xxxxxx.xxx. Product returned without an RMA number will be returned to CUSTOMER at CUSTOMER's expense. There will be no refunds for used product returned to GDS. RMA’s may be subject to fees associated with GDS and/or Vendor restocking or handling requirements.
Appears in 4 contracts
Samples: Master Service Agreement, Master Service Agreement, Master Service Agreement
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 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, transportation costs, room and board. GDS will provide CUSTOMER a written estimate of such costs upon request.
4.6 The foregoing warranty does not extend to Product which is altered, improperly installed by a third party or which fails or is damaged after delivery due to accident, act of God, shipment or handling, or due to storage, operation, use, or maintenance in a manner or environment which does not conform to the Product manufacturer's instructions or specifications provided by GDS at the time of delivery to CUSTOMER.
4.7 Return of unused Product by CUSTOMER to GDS in its original package, in its original condition, and within the manufactures return policy, GDS will refund to CUSTOMER eighty five percent (85%) of the purchase price. CUSTOMER will bear all shipment and insurance costs related to such return shipment.
4.8 All Product returned to GDS will be subject to supplier terms and conditions and must have a GDS issued Returned Merchandise Authorization ("RMA") number prominently displayed on the packaging and must be returned to the GDS facility as directed by GDS. An RMA number may be obtained by calling GDS’s Customer Care at 01-000888-000435-0000 7986 press 12, within North America (Toll Free) or by email at xxxxxxx@xxxxxx.xxx. Product returned without an RMA number will be returned to CUSTOMER at CUSTOMER's expense. There will be no refunds for used product returned to GDS 5 PRODUCT RENTAL:
5.1 GDS retains title to any and all Product that is rented to CUSTOMER.
5.2 Unless otherwise agreed, all rented Product will be shipped FOB GDS’s premises in the United States to CUSTOMER's designated premises. RMA’s may be subject Risk of loss in the Product will transfer to fees associated with GDS and/or Vendor restocking or handling requirementsthe CUSTOMER upon delivery of the Product, and delivery will have deemed to take place when the Product is loaded onto the carrier's vehicle.
5.3 CUSTOMER agrees, at CUSTOMER's sole expense, to (i) insure such Product against loss by fire, theft and any other casualty covered by standard fire and extended coverage insurance, for the full current replacement value,
Appears in 1 contract
Samples: Master Service Agreement
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 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, transportation costs, room and board. GDS will provide CUSTOMER a written estimate of such costs upon request.
4.6 The foregoing warranty does not extend to Product which is altered, improperly installed by a third party or which fails or is damaged after delivery due to accident, act of God, shipment or handling, or due to storage, operation, use, or maintenance in a manner or environment which does not conform to the Product manufacturer's instructions or specifications provided by GDS at the time of delivery to CUSTOMER.
4.7 Return of unused Product by CUSTOMER to GDS in its original package, in its original condition, and within the manufactures return policy, GDS will refund to CUSTOMER eighty five percent (85%) of the purchase price. CUSTOMER will bear all shipment and insurance costs related to such return shipment.
4.8 All Product returned to GDS will be subject to supplier terms and conditions and must have a GDS issued Returned Merchandise Authorization ("RMA") number prominently displayed on the packaging and must be returned to the GDS facility as directed by GDS. An RMA number may be obtained by calling GDS’s Customer Care at 0-000-000-0000 press 12, within North America (Toll Free) or by email at xxxxxxx@xxxxxx.xxx. Product returned without an RMA number will be returned to CUSTOMER at CUSTOMER's expense. There will be no refunds for used product returned to GDS. RMA’s may be subject to fees associated with GDS and/or Vendor restocking or handling requirements.
Appears in 1 contract
Samples: Master Service Agreement
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 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, transportation costs, room and board. GDS will provide CUSTOMER a written estimate of such costs upon request.
4.6 The foregoing warranty does not extend to Product which is altered, improperly installed by a third party or which fails or is damaged after delivery due to accident, act of God, shipment or handling, or due to storage, operation, use, or maintenance in a manner or environment which does not conform to the Product manufacturer's instructions or specifications provided by GDS at the time of delivery to CUSTOMER.
4.7 Return of unused Product by CUSTOMER to GDS in its original package, in its original condition, and within the manufactures return policy, GDS will refund to CUSTOMER eighty five percent (85%) of the purchase price. CUSTOMER will bear all shipment and insurance costs related to such return shipment.
4.8 All Product returned to GDS will be subject to supplier terms and conditions and must have a GDS issued Returned Merchandise Authorization ("RMA") number prominently displayed on the packaging and must be returned to the GDS facility as directed by GDS. An RMA number may be obtained by calling GDS’s Customer Care at 01-000888-000435-0000 7986 press 12, within North America (Toll Free) or by email at xxxxxxx@xxxxxx.xxx. Product returned without an RMA number will be returned to CUSTOMER at CUSTOMER's expense. There will be no refunds for used product returned to GDS 5 PRODUCT RENTAL:
5.1 GDS retains title to any and all Product that is rented to CUSTOMER.
5.2 Unless otherwise agreed, all rented Product will be shipped FOB GDS’s premises in the United States to CUSTOMER's designated premises. RMA’s may be subject Risk of loss in the Product will transfer to fees associated the CUSTOMER upon delivery of the Product, and delivery will have deemed to take place when the Product is loaded onto the carrier's vehicle.
5.3 CUSTOMER agrees, at CUSTOMER's sole expense, to (i) insure such Product against loss by fire, theft and any other casualty covered by standard fire and extended coverage insurance, for the full current replacement value, (ii) keep the Product free and clear from all adverse liens, security interests and encumbrances, (iii) provide a proper and suitable environment (including adequate power and appropriate temperature control) for the Product, in accordance with GDS and/or Vendor restocking the manufacturer's specifications (and any failure to provide such proper and suitable environment will void any warranty on the Product), (iv) keep the Product clearly labeled as property of GDS, in good order and repair and comply with any maintenance instructions given by GDS, (v) not transfer the Product or handling requirementsall or part of CUSTOMER's interest therein, if any, and (vii) return the Product to GDS at the end of the rental term in good condition, normal wear and tear excepted.
5.4 CUSTOMER shall pay GDS for the fair market value of the Product, in its reasonable determination, if CUSTOMER fails to return the Product to GDS within thirty (30) days of the end of the rental term.
5.5 Breach by CUSTOMER of any of the foregoing provisions regarding Product rental will entitle GDS to enter CUSTOMER's premises where the Product is reasonably believed to be located, and remove such Product without any legal process or notice, and without being liable for trespass or damage, and to declare all amounts remaining unpaid to be immediately due and payable by CUSTOMER.
Appears in 1 contract
Samples: Master Service Agreement
