Quality; Samples Sample Clauses

Quality; Samples. (a) Ethanol Producer represents and warrants to Lansing that all Ethanol delivered by Ethanol Producer to Lansing hereunder will be merchantable and will meet the specifications described in ASTM D 4806 (or such other standard or set of specifications as is commonly used in the industry and agreed to by the parties in writing) at the time of delivery of such Ethanol by Ethanol Producer to Lansing. Except as otherwise provided herein, no other warranties, express or implied, are made by Ethanol Producer under this Agreement. Should any government entity require a change in the specifications described in ASTM D 4806, such new specifications will be automatically incorporated herein as the standard set forth in the first sentence of this Section 3.4(a). (b) Ethanol Producer warrants that the quality of Ethanol delivered into the transportation vehicles will, at the time it is delivered by Ethanol Producer, meets the specifications described in the first sentence of Section 3.4(a) (subject to the last sentence of Section 3.4(a)); provided, however, that the parties may set forth a different time in a Sales Contract at which the Ethanol is to be conforming (e.g., at the time of delivery to the end destination). If Ethanol does not meet the standards set forth in the previous sentence at the appropriate time and quality claims arise as a result thereof, such quality claims will be administered by Lansing upon notice to Ethanol Producer. Ethanol Producer will only be liable for claims settlements of which it has approved in writing. Such claims will be solely for Ethanol Producer's account, and Lansing will not be responsible in any manner whatsoever for such claims. (c) Ethanol Producer agrees to maintain original sealed numbered samples of all Ethanol after delivery into transportation vehicles before it leaves the Delivery Point. Ethanol Producer will label these samples to indicate date of shipment and the truck, railcar or barge number will be included. Ethanol Producer will retain these samples for 30 days and will send such samples as may be requested to Lansing immediately upon Lansing's request. (d) Ethanol Producer will deliver Ethanol samples to Lansing at the Facility in advance of the actual physical shipment, as may be needed for testing purposes.
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Quality; Samples. (1) DISTRIBUTOR acknowledges that if the Localized COMPANY Products manufactured and sold by it hereunder were of inferior quality in design, material or workmanship, the substantial goodwill which COMPANY has established and now possesses in the COMPANY Software would be impaired. Accordingly, DISTRIBUTOR agrees that the Localized COMPANY Products shall be of the highest standards and of such style, appearance and quality as shall be reasonably adequate and suited to their promotion, distribution, sale and exploitation to enhance the Localized COMPANY Products and the good will in the COMPANY Software. (2) COMPANY shall approve each stage of development of the Localized COMPANY Product from the conception to the production thereof. DISTRIBUTOR shall at each stage of development of the Localized COMPANY Products, before it manufactures, distributes, shops or sells any particular Localized COMPANY Products, furnish COMPANY, free of cost, for its written approval, the Approval Request form attached hereto as Exhibit C with each of the following: i) four (4) samples of preliminary art concept; ii) four (4) samples of color composite and/or one (1) hand sample; iii) four (4) samples of fine art; iv) one (1) pre-production sample; and v) one (1) final sample/prototype for the Localized COMPANY Software together with its carton and containers, tags, labels, wrapping material, advertising and promotional material for use in any media in connection with the Localized COMPANY Software ("Packaging"). (3) DISTRIBUTOR shall provide COMPANY with six (6) production samples of the Localized COMPANY Products in all sales, marketing and advertising materials prepared by DISTRIBUTOR in connection with its distribution of the Localized COMPANY Products, free of cost, for COMPANY's written approval prior to distribution of the Localized COMPANY Software. If COMPANY does not indicate its approval or disapproval of such submissions within seven (7) business days from the date of actual receipt of the submission, COMPANY shall be deemed to have disapproved the Localized COMPANY Software. If so disapproved, and without limiting COMPANY's approval rights, upon receipt of a written request from DISTRIBUTOR, COMPANY shall provide DISTRIBUTOR within five (5) business days of the proposed modifications that would render such sample approved. Once Localized COMPANY Software and collateral materials have been expressly approved, DISTRIBUTOR agrees to periodically furnish COMPANY, at no ...
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Quality; Samples. Seller shall arrange, as necessary, for two (2) identical one (1) liter or quart representative samples of each grade of Marine Fuel to be drawn during the delivery operation in accordance with Seller’s Representative’s normal sampling procedures at the time of delivery onto the Receiving Vessel. Both Seller and Buyer or their respective representatives may witness such sampling and the sealing of such samples. The samples shall be drawn at a point to be mutually agreed upon between Seller and Buyer or their respective representatives or, failing agreement, at the point customarily used by Seller or Seller’s Representative. All sampling shall be performed in accordance with ASTM D-4057, latest edition and MARPOLE Annex 6 requirements. The samples shall be securely sealed, labeled with the Receiving Vessel’s name, the identity of delivery facility, grade of Marine Fuel, delivery date and place, and seal number (if available), and authenticated with the Receiving Vessel’s stamp and signed by Seller’s Representative and the Master or his authorized representative, if they so choose. One (1) sample shall be retained by Seller for sixty (60) days after delivery of the Marine Fuel to the Receiving Vessel and one (1) sample shall be retained by the Receiving Vessel or Buyer.
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Quality; Samples. Seller shall arrange, as necessary, for four (4) identical one (1) liter or quart representative samples of each grade of Marine Fuel to be drawn from the barge during the delivery operation in accordance with Seller’s (or Seller’s Representative’s) customary sampling procedures at the time of delivery onto the Receiving Vessel. Both Seller and Buyer (or their respective representatives) may witness such sampling and the sealing of such samples. The samples shall be drawn from the delivering barge. All sampling shall be performed in accordance with ISO 13739, latest edition and MARPOL Annex 6 requirements. The samples shall be securely sealed, labeled with the Receiving Vessel’s name, the identity of delivery facility, grade of Marine Fuel, delivery date and place, and seal number (if available) and authenticated with the Receiving Vessel’s stamp and signed by Seller (or Seller’s Representative) and the Master (or the Master’s authorized representative), if they so choose. Two (2) samples shall be retained by Seller for sixty (60) days after delivery of the Marine Fuel to the Receiving Vessel and two (2) sealed samples shall be retained by the Receiving Vessel or Buyer.
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Quality; Samples. (a) Licensee acknowledges that if the Licensed Products or any packaging or advertising relating thereto were of inferior quality in design, material, workmanship or content, the substantial goodwill in the Property, would be impaired. Accordingly, Licensee agrees that the Licensed Products shall be of high standard and quality so as to maintain the integrity, prestige and reputation of the Property and the name of Agent and Licensor. (b) Licensor shall have absolute approval, exercisable in its sole discretion, over all uses of the Property, the Licensed Products, and all packaging, advertising and related materials. (i) In that regard, Licensee shall, before it manufactures or publishes any particular Licensed Product, furnish to Agent free of cost, for Agent's and Licensor's review and Agent's written approval on behalf of Licensor, two (2) samples of the concept art, text, final art and pre-production samples of each of the Licensed Products in the: 1) conceptual; 2) final artwork; and 3) pre-production stage together with conceptual, final artwork and pre-production samples of the cartons and containers, tags, labels, wrapping material, packaging and galley proofs, if any, for the Licensed Products or intended for display to the consumer, as well as advertising or promotional material for use in any media in connection with the Licensed Product ("Collateral Materials"). Licensee may not manufacture, use or advertise any Licensed Product or any of the Collateral Materials until it has received written approval therefore from Agent. (ii) Additionally, after the manufacture of all such Licensed Products, but prior to the sale or distribution of such Licensed Products, Licensee shall furnish to Agent, free of cost, for Agent's written approval on behalf of Licensor, twelve (12) finished samples of each of the Licensed Products together with all Collateral Materials. Licensee may not distribute any Licensed Product or any of the Collateral Materials until it has received written approval of the finished samples and Collateral Materials from Agent. (c) Licensee acknowledges and agrees that Agent's written approval of each of the Licensed Products and Collateral Materials in each of the stages required above, may be granted or withheld as Licensor, in its sole discretion, may instruct Agent to assure the quality of the merchandise and reputation of the Property. If Agent has not indicated its approval in writing of any submission within ten (10) business day...
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Quality; Samples. The agreed specifications or the samples established between the Company GlasTop GmbH and the Buyer are decisive for the quality and execution of the products. The Company GlasTop GmbH accepts no liability for the physical characteristics or the chemical resilience of the products, or for the exact compliance with colour shades. Equally so, the Company GlasTop GmbH accepts no liability for the resilience to the content. The Buyer is therefore responsible for examining the suitability of the products for the designated purpose. Furthermore, information and consultations about options for use and processing methods as well as any other information are provided to the best of our knowledge, however under limitation of the liability of the Company GlasTop GmbH to wilful intent and gross negligence. If no separate specification is agreed and no samples presented, the written specification given by the Company GlasTop GmbH shall apply exclusively. Samples, specifications and other documentation describing the product are not a guarantee of properties and/or lifespan. The Company GlasTop GmbH is not liable to provide reparation in case of damage or loss of samples and models sent to the Company GlasTop GmbH. In case of outdoor exposure or damp locations, no guarantee can be made for the powder-coating on stainless steel and aluminium, no guarantee is made in the case of galvanised goods because the base surface is beyond the control of the Company GlasTop GmbH. Outgassing, adhesion dysfunctions and rough surfaces in particular cannot be recognised as complaints.
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Related to Quality; Samples

  • Quality Specifications SANMINA-SCI shall comply with the quality specifications set forth in its Quality Manual, incorporated by reference herein, a copy of which is available from SANMINA-SCI upon request.

  • Product Specifications (a) Supplier shall manufacture all Products according to the Specifications in effect as of the date of this Agreement, with such changes or additions to the Specifications of the Products related thereto as shall be requested by Buyer in accordance with this Section or as otherwise agreed in writing by the Parties. All other Products shall be manufactured with such Specifications as the Parties shall agree in writing. (b) Buyer may request changed or additional Specifications for any Product by delivering written notice thereof to Supplier not less than one hundred twenty (120) days in advance of the first Firm Order for such Product to be supplied with such changed or additional Specifications. Notwithstanding the foregoing, if additional advance time would reasonably be required in order to implement the manufacturing processes for production of a Product with any changed or additional Specifications, and to commence manufacture and delivery thereof, Supplier shall so notify Buyer, and Supplier shall not be required to commence delivery of such Product until the passage of such additional time. (c) Supplier shall be required to accommodate any change of, or additions to, the Specifications for any Product, if and only if (i) in Supplier’s good faith judgment, such changed or additional Specifications would not require Supplier to violate good manufacturing practice, (ii) the representation and warranty of Buyer deemed made pursuant to Subsection (e) below is true and correct, and (iii) Buyer agrees to reimburse Supplier for the incremental costs and expenses incurred by Supplier in accommodating the changed or additional Specifications, including the costs of acquiring any new machinery and tooling. For the avoidance of doubt, such costs and expenses shall be payable by Buyer separately from the cost of Products at such time or times as Supplier shall request. (d) Supplier shall notify Buyer in writing within thirty (30) days of its receipt of any request for changed or additional Specifications (i) whether Supplier will honor such changed or additional Specifications, (ii) if Supplier declines to honor such changed or additional Specifications, the basis therefor and (iii) if applicable, the estimated costs and expenses that Buyer will be required to reimburse Supplier in respect of the requested changes or additions, as provided in Subsection (c) above. Buyer shall notify Supplier in writing within fifteen (15) days after receiving notice of any required reimbursement whether Buyer agrees to assume such reimbursement obligation. (e) By its request for any changed or additional Specifications for any Product, Buyer shall be deemed to represent and warrant to Supplier that the manufacture and sale of the Product incorporating Buyer’s changed or additional Specifications, as a result of such incorporation, will not and could not reasonably be expected to (i) violate or conflict with any contract, agreement, arrangement or understanding to which Buyer and/or any of its Affiliates is a party, including this Agreement and any other contract, agreement, arrangement or understanding with Supplier and/or its Affiliates, (ii) infringe on any trademark, service xxxx, copyright, patent, trade secret or other intellectual property rights of any Person, or (iii) violate any Applicable Law. Buyer shall indemnify and hold Supplier and its Affiliates harmless (including with respect to reasonable attorneys’ fees and disbursements) from any breach of this representation and warranty.

  • Quality Standards Each Party agrees that the nature and quality of its products and services supplied in connection with the other Party's Marks will conform to quality standards set by the other Party. Each Party agrees to supply the other Party, upon request, with a reasonable number of samples of any Materials publicly disseminated by such Party which utilize the other Party's Marks. Each Party will comply with all applicable laws, regulations, and customs and obtain any required government approvals pertaining to use of the other Party's marks.

  • API If the Software offers integration capabilities via an API, your use of the API may be subject to additional costs or Sage specific policies and terms and conditions (which shall prevail in relation to your use of the API). You may not access or use the API in any way that could cause damage to us or the Software, or in contravention of any applicable laws. We reserve the right in our sole discretion, to: (i) update any API from time to time; (ii) place limitations around your use of any API; and (iii) deny you access to any API in the event of misuse by you or to otherwise protect our legitimate interests.

  • Quality Requirements Performance Indicator Heading Indicator (specific) Threshold Method of Measurement Frequency of monitoring Consequence of Breach

  • Quality Service Standards Price Services and the Fund may from time to time agree to certain quality service standards, as well as incentives and penalties with respect to Price Services’ Services hereunder.

  • 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.

  • SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 4.12.1 Shop Drawings are drawings, diagrams, schedules and other, data specially prepared for the Work by the Contractor or any Subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 4.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate a material, product or system for some portion of the Work. 4.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 4.12.4 The Contractor shall review, approve and submit, with reasonable promptness and in such sequence as to cause no delay in the Work or in the work of the State or any separate contractor, all Shop Drawings, Product Data and Samples required by the Contract Documents. 4.12.5 By approving and submitting Shop Drawings, Product Data and Samples, the Contractor represents that he / she has determined and verified all materials, field measurements, and field construction criteria related thereto, or will do so, and that he / she has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 4.12.6 The Contractor shall not be relieved of responsibility for any deviation from the requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data or Samples under Subparagraph 2.2.7 of these General Conditions unless the Contractor has specifically informed the Architect and the State in writing of such deviation at the time of sub- mission and the Architect and the State has given written approval to the specific deviation. The Contractor shall not be relieved from responsibility for errors or omissions in the Shop Drawings, Product Data or Samples by the Architect's approval thereof. 4.12.7 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data or Samples, to revisions other than those requested by the Architect on previous submittals. 4.12.8 No portion of the Work requiring submission of a Shop Drawing, Product Data or Sample shall be commenced until the submittal has been approved by the Architect as provided in Subparagraph 2.2.7 of these General Conditions. All such portions of the Work shall be in accordance with approved submittals.

  • Packing Specifications 7.3.1 A pack will contain a minimum of one message record or a maximum of 99,999 message records plus a pack header record and a pack trailer record. One transmission can contain a maximum of 99 packs and a minimum of one pack.

  • Quality of Materials and workmanship The Contractor shall ensure that the Construction, Materials and workmanship are in accordance with the requirements specified in this Agreement, Specifications and Standards and Good Industry Practice.

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