Refurbished Products Sample Clauses

Refurbished Products. 1.1 If Vendor sells Refurbished Products, then all terms of the Agreement apply to those Refurbished Products. “Refurbished Products” shall mean previously open/used Products, including Equipment, Products previously owned and returned to Vendor, or Products used for demonstration purposes. These Products will be submitted to a rigorous refurbishing process to achieve the highest quality and performance standards.
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Refurbished Products must keep their original name. In addition, the original metal labels must remain in place and give the year of manufacturing of that particular Product. Vendor must also add a label with the refurbishing date.
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Refurbished Products. You agree to and will comply with the Refurbished/Vintage Items Policy. You agree that all Refurbished Products shall be completely “wiped” or sanitized of all data stored in the memory of any such Refurbished Product to ensure that such data is no longer accessible in whole or in part.
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Refurbished Products. 13 8.4 OUT OF WARRANTY REPAIR...................................................... 13 9.0 INSPECTION, TESTING, AND CERTIFICATION OF PRODUCT............................. 13
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Refurbished Products. When repairing or replacing any Defective Product, Handspring will maintain the quality of the Product and will not substitute any component thereof with a component of lesser quality or with a component that has a lesser performance standard or capability. Subject to the immediately preceding sentence, Handspring will be entitled to repair or replace a Defective Product using refurbished components and refurbished Products.
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Refurbished Products. COMSTOR's ability to redistribute Refurbished Products shall be subject to the terms and conditions set forth in Exhibit K, titled Refurbished Products Terms and Conditions." This Amendment consists of this signature page and the attached Exhibit K, which is hereby incorporated into the Agreement by reference. This Amendment shall be subject to all the terms and conditions of the Agreement. Except to the extent that this Amendment conflicts with the Agreement, all the terms and conditions in the Agreement that apply to Products shall also apply to Refurbished Products, as defined in Exhibit K. In the event of conflict between the terms and conditions of this Amendment and the Agreement, the Amendment shall take precedence and govern solely within the scope identified in Section 2.0 of the attached Exhibit K. This Amendment and the Agreement constitute the complete agreement between the parties hereto concerning the subject matter of this Amendment and replaces any prior or contemporaneous oral or written communications between the parties. There are no conditions, understandings, agreements, representations or warranties, express or implied, which are not specified herein. This Amendment may only be modified by a written document executed by the parties hereto. All capitalized terms in this Amendment that are not defined below shall have the same meaning as in the Agreement. Any orders accepted or Refurbished Product delivered after the date this Amendment but before the Effective Date shall, upon the Effective Date, be deemed covered by the provisions of this Amendment, except for any deviations in price. Except as amended herein, all other terms and conditions of the Agreement remain unchanged.
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Refurbished Products. The due date of all monies due either party shall automatically be accelerated such that they become due and payable on the effective date of termination, even if longer terms had been provided previously.
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Refurbished Products. Products refurbished by Compaq and sold through a Reseller are covered by a one-year parts and carry-in limited warranty. A separate limited warranty statement is included on the outside of the box to reflect this difference. Stickers are placed on the box to indicate that the product has been refurbished. Compaq refurbished products can be identified by an "R" in the first character of the serial number. Compaq refurbished products sold through Compaq Works are covered by a 90-day parts and carry-in (to Compaq Works only) limited warranty. Compaq refurbished products sold through a Compaq authorized auction are covered by a 30-day parts and carry-in limited warranty. Certain refurbished products sold through brokers carry no manufacturer's warranty. Compaq's electronic warranty databases, accessible by any Compaq Authorized Reseller or Service Provider, will reflect the specific warranty entitlement for every unit manufactured or refurbished by Compaq. Customers can upgrade the limited warranty of a reconditioned product up to two years, total. A warranty upgrade contract can be purchased directly from Compaq or through a Compaq authorized reseller. Warranty upgrades can be purchased anytime during the warranty period. To order a refurbished product warranty upgrade, use PaqFax #1227: Refurbished Product - Warranty Upgrade Order form, or contact your Compaq Authorized Reseller. Compaq commercial and consumer desktop PCs, portable PCs, servers and workstations purchased on or after October 7, 1997 pass the YMARK2000 test (Version 97.08.15). Failure to pass the YMARK2000 test, by any such product, will be treated by Compaq as a defect covered under its limited product warranty, subject to warranty limitations.
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Related to Refurbished 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.

  • 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)

  • 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.

  • 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.

  • 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.

  • Defective Products A defective product may be returned to PRECISIONARY INSTRUMENTS within thirty (30) days of the delivery date for a refund of the original purchase price with the following amendments/fees. To return a defective product, please contact our Customer Service Department and follow the Return of Products Instructions below.

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

  • Shipment Dell will ship the APEX System to the Site when included as part of the APEX Service. The terms and process for shipment and delivery of the APEX System will be stated in the applicable Service Offering Description.

  • Consumables During the design phase, Purchaser may participate in the selection of suppliers of consumables of the Supplier. In such case, the choice regarding the final selection of the said suppliers shall be mutually agreed between the Parties. Two suppliers shall be identified and selected for each type of consumables.

  • 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.

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