Quality and Delivery Sample Clauses

Quality and Delivery. 质量和交付 5.1 Vendor shall do its best with all due care and diligence on rendering the Services and/or providing Goods to Buyer, and ensure to complete the Services and/or deliver the Goods successfully and timely as agreed upon by both parties under this Agreement. In the case Vendor fails to provide the Services and/or Goods as specified in this Agreement and the attached appendices, or in the case the quality of the Services and/or Goods provided by the Vendor fails to meet the standards as required by the Buyer, Buyer shall be entitled to deduct its payment of Contract Price/Fees and Expenses or claim refund of paid Contract Price/ Fees and Expenses and to claim liquidated damages against Vendor for breach of this Agreement. 卖方应当尽其最大的注意和勤勉的义务向买方提供本协议项下的服务和/或商品，以及确保按时和成功地按照本协议的约定向买方提供服务和/或交付商品。若卖方不能按照本协议及其附件的约定向买方提供服务和/或商品，或卖方提供的服务和/或商品不能达到买方要求的标准，买方有权减免合同价格/费用 ，或者主张返还已经支付的合同价格/ 费用，以及向卖方主张违约金。 5.2 Buyer is entitled under this Agreement to require Vendor to replace any Working Staff who has been proved to be incompetent to perform obligations under this Agreement. Vendor shall promptly replace the Working Staff upon receipt of Xxxxx’x request for replacement. In the case the Vendor fails to replace the relevant Working Staff in accordance with Xxxxx’x timelines and requirements as stated in the replacement request, Buyer is entitled to early terminate or rescind this Agreement or adjust the services scope, without compensating the Vendor. 买方有权要求卖方更换被证实无法适当履行本协议项下义务的工作人员。卖方应当在收到买方要求更换的通知后立即更换该工作人员。如果卖方不能按照买方在更换通知中的要求和设定的时间更换相关的工作人员，买方有权提前终止或解除本协议，或调整相应的服务范围，而无须补偿卖方。 5.3 If any Working Staff of Vendor causes damage to Buyer by his/her negligence or intentional action, Xxxxx is entitled to claim for compensation against Vendor and Vendor shall keep Buyer harmless and fully indemnified for damages incurred. In addition, Buyer is entitled to early terminate or rescind this Agreement at its own discretion without further compensating the Vendor. 在卖方的工作人员由于故意或过失导致买方损害的情况下，买方有权向卖方主张损害赔偿责任，同时卖方应当全额赔偿买方因此而受到的任何损失。另外，买方有权在无须补偿卖方的情况下提前终止或解除本协议。 5.4 Until fully completion and acceptance of the Services and/or Goods under this Agreement, Buyer is entitled to amend or supplement this Agreement at any time and at its reasonable discretion. Should such adjustments change the scope of Services and/or Goods as set forth herein and Vendor’s workload in a significant manner, the parties shall reach a supplementary agreement separately for the changed scope of Services and/or Go...
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Quality and Delivery. ADSmart shall use best efforts to ensure that -------------------- the Localized System is of a quality consistent with its intended use.
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Quality and Delivery. 18.1. Each Party is required to collaborate with the other Parties during the term of this Agreement to achieve continuous improvement in the quality and delivery of the NERMU in accordance with each Party's ‘best value’ obligations under Part I of the Local Government Act 1999.
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Quality and Delivery. Supplier shall use its reasonable efforts to assure that the Products are of a quality consistent with their intended use and the Products will be delivered to Distributor in a timely manner.
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Quality and Delivery. All Assignments delivered by the Supplier must meet the quality requirements as stipulated by Xxxxxxxx, cf. section 5.6 (Check of Assignments).
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Quality and Delivery. Without limiting the warranties set out under clause 4, the Supplier warrants to PSC that it will supply or perform the Goods/Services: so as to ensure that the Goods/Services are suitable and fit for their intended purpose and comply with the Contract, all legislative requirements (including relevant approvals) and any applicable Australian Standards; with all due care and skill; in accordance with all applicable legislative requirements (including relevant approvals); and with due expedition and without delay, and so as to complete such supply or performance on or before the date for delivery or completion of the performance of the Goods/Services (as applicable) as set out in the Purchase Order or, if no such date is set out in the Purchase Order, the date nominated by PSC (“Completion Date”). The Supplier must keep PSC informed of any delays or any other matter which may affect the supply or performance of the Goods/Services. Where the supply or performance of the Goods/Services involves the delivery of goods, the Supplier must deliver the goods to the location set out in the Purchase Order or, if no such location is set out in the Purchase Order, the location nominated by PSC.
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Quality and Delivery. Party B shall ensure that Party B will deliver to Party A the Products which are capable to achieve the desired product proposes as it is and in timely manner. The distribution quota among the clients of Party B shall be consistent with the regular prediction informed by Party A to Party B.
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Quality and Delivery 
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Related to Quality and Delivery

  • Quality and Extent of Services The Board considered the terms of the Agreement, including the scope of advisory services provided under the Agreement. The Board noted that, under the Agreement, XXXX provides portfolio management services to the Fund and that, pursuant to a separate administrative services agreement, DIMA provides administrative services to the Fund. The Board considered the experience and skills of senior management and investment personnel and the resources made available to such personnel. The Board also considered the risks to XXXX in sponsoring or managing the Fund, including financial, operational and reputational risks, the potential economic impact to XXXX from such risks and XXXX’s approach to addressing such risks. The Board reviewed the Fund’s performance over short-term and long-term periods and compared those returns to various agreed-upon performance measures, including market index(es) and a peer universe compiled using information supplied by Morningstar Direct (“Morningstar”), an independent fund data service. The Board also noted that it has put into place a process of identifying “Funds in Review” (e.g., funds performing poorly relative to a peer universe), and receives additional reporting from XXXX regarding such funds and, where appropriate, XXXX’s plans to address underperformance. The Board believes this process is an effective manner of identifying and addressing underperforming funds. Based on the information provided, the Board noted that, for the one-, three- and five-year periods ended December 31, 2020, the Fund’s performance (Class A shares) was in the 2nd quartile of the applicable Morningstar universe (the 1st quartile being the best performers and the 4th quartile being the worst performers). The Board also observed that the Fund has underperformed its benchmark in the one-, three- and five-year periods ended December 31, 2020. Fees and Expenses. The Board considered the Fund’s investment management fee schedule, operating expenses and total expense ratios, and comparative information provided by Broadridge Financial Solutions, Inc. (“Broadridge”) and the Fee Consultant regarding investment management fee rates paid to other investment advisors by similar funds

  • The Specifications The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services.

  • Quality- and Cost-Based Selection Except as ADB may otherwise agree, the Borrower shall apply quality- and cost-based selection for selecting and engaging consulting services.

  • Technical Specifications The Technical Specifications furnished on the CD are intended to establish the standards for quality, performance and technical requirements for all labor, workmanship, material, methods and equipment necessary to complete the Work. When specifications and drawings are provided or referenced by the County, these are to be considered part of the Scope of Work, and to be specifically documented in the Detailed Scope of Work. For convenience, the County supplied specifications, if any, and the Technical Specifications furnished on the CD.

  • Review of legality and data minimisation (a) The data importer agrees to review the legality of the request for disclosure, in particular whether it remains within the powers granted to the requesting public authority, and to challenge the request if, after careful assessment, it concludes that there are reasonable grounds to consider that the request is unlawful under the laws of the country of destination, applicable obligations under international law and principles of international comity. The data importer shall, under the same conditions, pursue possibilities of appeal. When challenging a request, the data importer shall seek interim measures with a view to suspending the effects of the request until the competent judicial authority has decided on its merits. It shall not disclose the personal data requested until required to do so under the applicable procedural rules. These requirements are without prejudice to the obligations of the data importer under Clause 14(e). (b) The data importer agrees to document its legal assessment and any challenge to the request for disclosure and, to the extent permissible under the laws of the country of destination, make the documentation available to the data exporter. It shall also make it available to the competent supervisory authority on request.

  • How to Obtain Warranty Service The Warranty Holder must inspect the Flooring for Manufacturing Defects caused by improper milling, grading, staining and coating, and report any such defects to Cali Bamboo, prior to installation of the Flooring. To obtain warranty service, the Warranty Holder must contact Cali Bamboo’s Customer Experience Department: xxxxxxxxxxxxxxx@xxxxxxxxxx.xxx/ 000-000-0000. Warranty claims must be received within 30 calendar days after the Warranty Holder identifies the Manufacturing Defect or other basis for a warranty claim. To be covered under this Cali Bamboo limited warranty, the Warranty Holder must provide documentation of sales order and proof that the Flooring was properly installed in accordance with the Installation Guide (defined below). Cali Bamboo reserves the right to retain a certified and independent flooring inspector to verify the Warranty Holder’s warranty claims. The determination of the flooring inspector regarding the warranty claim is not binding on either Cali Bamboo or on the Warranty Holder. A determination that does not verify the warranty claim shall not affect the Warranty Holder’s right to submit its claim to arbitration in accordance with the terms of the Arbitration Agreement (as defined in Cali Bamboo’s Terms and Conditions of Purchase). The performance of the inspection, however, if requested by Xxxx Xxxxxx and assuming that Xxxx Xxxxxx advances the full cost of the inspection as described above, is a requirement for the Warranty Holder to submit a warranty claim to arbitration under the Arbitration Agreement. For specific instructions on how to obtain warranty service for defective Flooring, visit the Cali Bamboo website xxxxx://xxx.xxxxxxxxxx.xxx/geowood-flooring-warranty/. This limited warranty covers Flooring that is both (i) installed with strict adherence to Cali Bamboo’s GeoWood flooring installation guide found online at xxxxx://xxx.xxxxxxxxxx.xxx/flooring-installation/ (the “Installation Guide”) and (ii) maintained in accordance with Cali Bamboo’s GeoWood flooring care and maintenance guidelines found online at xxxxx://xxx.xxxxxxxxxx.xxx/floor-care-and-maintenance/ (the “Maintenance Guide”). Cali Bamboo will provide copies of these guides upon request by the Warranty Holder. This limited warranty only applies when the Flooring is used under normal traffic and other usage conditions. The limited warranty for Manufacturing Defects does not apply after the Warranty Holder has installed the Flooring, and product variation or error that does not exceed the 5% industry standard is not considered a Manufacturing Defect for purposes of this limited warranty. This limited warranty does not extend to or cover:

  • AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

  • Delivery Terms All products sent to Customer shall be sent EX Works (EXW) or FCA the Company’s facility in El Cajon, CA, and in domestic packing. Customer will bear and pay for all taxes of any nature imposed prior to, at the time of, or after delivery to, the carrier at the EXW or FCA point. Customer shall also bear and pay for all charges for freight, shipping, consular fees, customs duties, and all costs and charges.

  • Inspection of Goods 8.1 The Buyer shall inspect the goods upon delivery. 8.2 Where goods are damaged the Buyer shall notify the Supplier. The Buyer may reject the damaged goods and the following provisions shall apply: 8.2.1 the Supplier shall collect the damaged goods from the Buyer at the Supplier’s expense; 8.2.2 during the period between delivery of the goods to the Buyer and collection by the Supplier, the Buyer shall not be liable for any loss or further damage caused to the damaged goods; 8.2.3 all sums payable by the Buyer in relation to the damaged goods shall cease to become payable; 8.2.4 all sums paid by the Buyer in relation to the damaged goods shall be repaid by the Supplier immediately; 8.2.5 the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the goods being damaged. 8.3 Where there are shortages in the order the Buyer shall notify the Supplier and the following provisions shall apply: 8.3.1 all sums payable by the Buyer in relation to the missing goods shall cease to become payable; 8.3.2 all sums paid by the Buyer in relation to the missing goods shall be repaid by the Supplier immediately; 8.3.3 the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the shortages. 8.4 If the Buyer so requests, the Supplier shall immediately replace damaged goods or supply goods which are missing at the Supplier’s expense or the Buyer shall be entitled to cancel, without notice, the whole or any unexecuted part of the order and the rights referred to in Clause 5.2 shall apply. 8.5 Where there is an excess of goods in relation to the order the Buyer may reject the excess goods by notice in writing to the Supplier and the following provisions shall apply: 8.5.1 the Supplier shall collect the excess goods from the Buyer at the Supplier’s expense; 8.5.2 during the period between delivery of the goods and collection by the Supplier, the Buyer shall not be liable for any loss or damage caused to the excess goods; 8.5.3 no sum shall be due to the Supplier for the excess goods and in the event that sums are paid to the Supplier for the excess goods, the Supplier shall repay such sums to the Buyer immediately. 8.6 The Buyer may accept excess goods by notifying the Supplier of such acceptance and the price of the excess goods shall be payable by the Buyer. 8.7 The Supplier shall repair or replace free of charge, goods damaged or lost in transit upon receiving notice to that effect from the Buyer. 8.8 The Buyer’s signature on any delivery note of the Supplier is evidence of the number of packages received only and not evidence of the correct quantity of goods received or that the goods are in a good condition or of the correct quality.

  • DAF Specifications Developer shall submit initial specifications for the DAF, including System Protection Facilities, to Connecting Transmission Owner and NYISO at least one hundred eighty (180) Calendar Days prior to the Initial Synchronization Date; and final specifications for review and comment at least ninety (90) Calendar Days prior to the Initial Synchronization Date. Connecting Transmission Owner and NYISO shall review such specifications to ensure that the DAF are compatible with the technical specifications, operational control, and safety requirements of the Connecting Transmission Owner and NYISO and comment on such specifications within thirty (30) Calendar Days of Developer’s submission. All specifications provided hereunder shall be deemed to be Confidential Information.

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