REPLACEMENT OF PRODUCTS Sample Clauses

REPLACEMENT OF PRODUCTS. At Our sole discretion, we may replace the Covered Product. If we elect to replace the Covered Product and the identical make and model is no longer available or unavailable in inventory, we will replace it with a product of comparable functionality. In all cases, we will determine product comparability, including functionality at Our sole discretion. Technological advances and product availability may result in a replacement product with a lower selling price than the original product. At Our option, a replacement product may be either new or refurbished and of a different brand, model, and/or color. Non-original manufacturer parts may be used in refurbished products. In the event a comparable replacement device per Our assessment is not available or the Covered Product is irreparable, we may provide cash reimbursement or voucher for replacement equipment, not to exceed the lesser of retail purchase price You paid for the original covered product or the cost of a replacement product of like kind and quality, less any deductible. If you are eligible for a cash reimbursement, you will be required to provide proof of purchase for the replacement equipment. If you select monthly coverage, your coverage does not expire while your device is being repaired for a covered service.
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REPLACEMENT OF PRODUCTS. If Products do not comply with the warranty set forth in Section I.1, above or any defect develops under normal or proper operation as per Supplier’s instructions, during the Warranty Period, Supplier will provide, at its sole expense, technical expertise and the parts, materials, equipment, and labor, including freight and “in/out” costs, necessary to remedy any defect or nonconformity by promptly removing, repairing, correcting or replacing and reinstalling any defective or nonconforming part or component.
REPLACEMENT OF PRODUCTS. Any Replacement Equipment provided to You will be either a new device or a certified pre-owned device. If We elect to replace the Covered Device and the identical make and model is no longer available or unavailable in inventory, We will replace it with a product of comparable functionality. In all cases, We will determine product comparability, including functionality at Our sole discretion. Technological advances and product availability may result in a replacement product with a lower selling price than the original product. At Our option, Replacement Equipment may be either new or refurbished and of a different brand, model, and/or color. Non-original manufacturer parts may be used in refurbished products. Any time Your Covered Device is to be replaced in accordance with this Agreement, at our sole discretion, We may provide cash reimbursement, gift card or voucher for replacement equipment, not to exceed the lesser of retail purchase price You paid for the original Covered Device or the cost of a replacement product of like kind and quality, less any Processing Fee. If You are eligible for a reimbursement, You will be required to provide proof of purchase for the replacement equipment.
REPLACEMENT OF PRODUCTS. Replacements are defined as substitute Products which take the place of a previously awarded Product included in the Standard Configurations and/or Required Products due to the awarded Product becoming incompatible or unavailable due to Product EOL. The reason a Replacement is needed must be provided in writing to the Agreement contract administrators for approval, and OGS must receive no less than sixty (60) calendar days’ notice for EOL Products. All EOL Replacement Products purchased by Authorized Users must remain under warranty or be replaceable at no additional charge to the Authorized Users. If a Product in the Standard Configurations and/or Required Products becomes incompatible, obsolete or unavailable, a replacement Product of equal or greater specification than the original Product offered in the Standard Configurations and/or Required Products must first be submitted for OGS approval by completing the modification process outlined in Attachment 4Price List Modification Procedures. The replacement Product must be offered on the Agreement Price List at the same or lower Agreement pricing as the Product it is replacing. Replacement components within the Agreement must be compatible with Agreement peripherals or the Contractor will be responsible for replacement of both the component and the peripheral. OGS will be solely responsible for determining if the replacement Product meets or exceeds the original Product offered in the Standard Configurations and/or Required Products. Contractor must provide advance notification of no less than sixty (60) calendar days for EOL Products in order for OGS to process modifications for Product substitutions in a timely manner.
REPLACEMENT OF PRODUCTS. Replacements are defined as substitute Products which take the place of a previously awarded/approved Product included in the Standard Configurations, Required Products or Additional Products due to the awarded/approved Product becoming incompatible or unavailable due to Product EOL. The reason a Replacement is needed must be provided in writing to the Aggregate Hardware Buy 18-01 Agreement contract administrator(s) for approval, and OGS must receive no less than sixty (60) calendar daysnotice of EOL for Products. All EOL Replacement Products purchased by Authorized Users must remain under warranty or be replaceable at no additional charge to the Authorized Users. If a Product in the awarded Standard Configuration and/or Required Products becomes incompatible, obsolete or unavailable, a replacement Product of equal or greater specification than the original Product offered in the Standard Configuration and/or Required Products must first be submitted for OGS approval by completing the modification process outlined in Attachment 4, Agreement Price List Modification Procedures. The replacement Product must be offered on the Aggregate Agreement Price List at the same or lower Aggregate Hardware Buy 18-01 Agreement pricing as the Product it is replacing. If an approved Additional Product becomes incompatible, obsolete or unavailable, a replacement Product of equal or greater specification than the original approved Product must first be submitted for OGS approval by completing the modification process outlined in Attachment 4, Agreement Price List Modification Procedures. The replacement Product must be offered on the Aggregate Agreement Price List at the same or lower Aggregate Hardware Buy 18-01 Agreement category discount percentage as the Product it is replacing. Replacement components within the Aggregate Hardware Buy 18-01 Agreement must be compatible with RFQ 18-01 peripherals or the Contractor will be responsible for replacement of both the component and the peripheral at no cost to the Authorized User. OGS will be solely responsible for determining if the replacement Product meets or exceeds the original Product offered in the Standard Configurations and/or Required Products. Note: Contractor must provide advance notification of EOL Products in order for OGS to process modifications for Product substitutions in a timely manner.
REPLACEMENT OF PRODUCTS. 10.1 The Company may in order to comply with any of its obligations under this Agreement replace any products or any part of the products at any time, provided the replacement products or parts are of substantially equivalent or of a better standard and functionality to those replaced. Products which have been removed or withdrawn by the Company shall become the property of the Company.
REPLACEMENT OF PRODUCTS. The Buyer reserves the right to require the Seller to replace any product(s) which has been submitted for repair service three times in any six month period, excluding repairs due to Buyer or Government fault or negligence. The Buyer shall bear no additional cost for such replacements. All replacement products shall have a new serial number and include a product warranty.
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REPLACEMENT OF PRODUCTS. If Products do not comply with the warranty set forth in Section I (2), above or any defect develops under normal or proper operation as per Supplier’s instructions, during the Warranty Period, Supplier will provide, at its sole expense, technical expertise and the parts, materials and equipment, and labor, including freight and “in/out” costs, necessary to remedy any defect or nonconformity by promptly removing, repairing, correcting or replacing and reinstalling any defective or nonconforming part or component. Supplier acknowledges that defects in the Products discovered during the Warranty Period that were latent defects and not discoverable during the incoming inspection: (i) will require TPI’s products to be destroyed and will render TPI’s products unusable; (ii) the Product cannot be removed, repaired, corrected, replaced and/or installed without resulting in TPI’s product being destroyed and rendered unusable; and (iii) Supplier will indemnify TPI for all costs, damages and expenses related to such defect in accordance with Section K of this Agreement.
REPLACEMENT OF PRODUCTS 

Related to REPLACEMENT OF PRODUCTS

  • Supply of Products ‌‌ 3.1 The Supplier warrants that the Products shall: (a) correspond with their description and any applicable Product Specification; (b) conform in all respects with the Order and any relevant sample; (c) be of satisfactory quality and fit for any purpose held out by the Supplier or made known to the Supplier by Ornua, expressly or by implication, and in this respect Ornua relies on the Supplier's skill and judgement; (d) be manufactured by properly trained and qualified personnel using all reasonable skill, care and diligence and in a good and workmanlike manner;‌ (e) where they are manufactured products, be free from defects in design, materials and workmanship and remain so for the period set out in the Product Specification or, if none is specified, for at least 12 months after delivery; (f) comply with all applicable statutory and regulatory requirements relating to the manufacture, labelling, packaging, storage, handling and delivery of the Products;‌ (g) comply with all relevant standards including any UK Standards, European Standards or International Standards applicable in the UK and the country or State where the Products are to be used; and (h) in the case of Products containing food stuffs, when delivered to Ornua, comply with all applicable food and hygiene legislation and regulations and best industry practice.‌ 3.2 The Supplier shall ensure that at all times it has and maintains all licences, permissions, authorisations, consents and permits needed to carry out its obligations under the Contract in respect of the supply of Products. Breach of this Condition shall be deemed a material breach of the Contract. 3.3 Ornua may inspect and test the Products at any time before delivery. The Supplier shall remain fully responsible for the Products despite any such inspection or testing and any such inspection or testing shall not reduce or otherwise affect the Supplier's obligations under the Contract. 3.4 If following such inspection or testing Ornua considers that the Products do not comply or are unlikely to comply with the Supplier's undertakings at clause 3.1, Ornua shall inform the Supplier and the Supplier shall immediately take such remedial action as is necessary to ensure compliance.‌ 3.5 Ornua may conduct further inspections and tests after the Supplier has carried out its remedial actions.

  • Additional Products and Services Subject to the allocation of funds, the CPO may add similar equipment, supplies, services, or locations, within the scope of this Agreement, to the list of equipment, supplies, services, or locations to be performed or provided by giving written notification to Contractor. For purposes of this Section, the “Effective Date” means the date specified in the notification from the CPO. As of the Effective Date, each item added is subject to this Agreement, as if it had originally been a part, but the charge for each item starts to accrue only on the Effective Date. In the event the additional equipment, supplies, services, or locations are not identical to the items(s) already under this Agreement, the charges therefor will then be Contractor’s normal and customary charges or rates for the equipment, supplies, services, or locations classified in the Fees and Costs (Exhibit “F”).

  • 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.

  • Other Products and Services As our customer, you have access to a suite of financial products and services availed by ourselves, our affiliates and strategic partners designed to help you address and achieve your financial needs and goals. You agree that you can obtain information about such Products and Services via our website xxx.xxxxxxxx.xxx.xx and you further agree that we can from time to time communicate information in relation to such Products or Services to you specifically or generally to all cardmembers via such communication mode as we consider appropriate.

  • Reformulation of Products As of the Effective Date, and continuing thereafter, Products that Xxxxx directly manufactures, imports, distributes, sells, or offers for sale in California shall either: (a) be Reformulated Products pursuant to § 2.2, below; or (b) be labeled with a clear and reasonable exposure warning pursuant to §§ 2.3 and 2.4, below. For purposes of this Settlement Agreement, a “Reformulated Product” is a Product that is in compliance with the standard set forth in

  • Supply of Product 4.1 DAEWOONG shall manufacture and supply Product to AEON in a primary packaged and labeled form. Product packaging shall display the logo of DAEWOONG (to the extent required by applicable law) and AEON and the outer label shall be marked using English language in accordance with applicable laws and Product’s Regulatory Approvals. 4.2 AEON’s estimate sales forecast of the Product during the Term of Agreement in the Territory in the Field is set forth in Annex D. Within ninety (90) days after the Effective Date, AEON shall provide DAEWOONG with a non-binding twelve (12) month rolling forecast of its requirements of Product, which the Parties agree is not a commitment to buy any stated quantity. Thereafter, on at least a quarterly basis, AEON shall provide DAEWOONG with an updated twelve (12) month rolling forecast, together with a binding six (6) month forecast to the extent AEON has requested Safety Stock as described in Article 4.10 below. Each such forecast shah be referred to herein as a “Forecast.” 4.3 AEON may from time to time submit Purchase Orders to DAEWOONG for Product in accordance with the forecasting requirements in Article 4.2. Orders will be shipped on CIF Los Angeles port. 4.4 Once a Purchase Order for Product and Product Samples has been received by DAEWOONG, it shall be considered as irrevocable. 4.5 AEON agrees herein to place an Order for Product not later than [***] from receipt of Regulatory Approval. 4.6 Individual Purchase Orders of Product shall be placed at least [***] in advance of the required delivery date. 4.7 For the purpose of Commercialization, AEON will store and maintain the full quantity of Product in a clean, secured area in accordance with the reasonable directions and specifications provided by DAEWOONG in writing in connection thereof in the Territory. AEON will advise DAEWOONG on the applicable requirements specifically deriving from the laws and regulations in the Territory. 4.8 AEON agrees that DAEWOONG and its collaborators and agents, in DAEWOONG’s sole discretion, which collaborators and Agents will be subject to appropriate obligations of confidentiality, will have the right upon reasonable prior notice, to observe and to inspect and to audit AEON’s facility to ascertain compliance by AEON with the terms of this Agreement, including without limitation (a) the holding facilities for Product, and (b) AEON’s compliance with applicable law, including cGMP (if applicable). Following any such audit, DAEWOONG will discuss its observations and conclusions with AEON and corrective actions, if any, will be agreed upon by the Parties, and executed by AEON using Commercially Reasonable Efforts. 4.9 In addition to any other rights and remedies available to AEON, AEON shall have the right to recover lost profits in the event that DAEWOONG fails to deliver at least [***] in any [***] (a “Supply Default Event”). For purposes of this provision, lost profits would be equal to [***] of AEON operating profit (sales less direct expenses and the puce paid by AEON for such Products) on Products that have not been shipped against firm Purchase Orders during the period leading up to the Supply Default Event and bona fide Purchase Orders submitted by AEON that are consistent with the Forecast during the Supply Default Period (as defined below). Such payment shall be made with respect to all Product not shipped in the period giving rise to the Supply Default and for the period until DAEWOONG is again timely shipping Product to meet AEON’s needs (the “Supply Default Period”). The first such payment shall be made within [***] of the Supply Default Event, and every [***] thereafter. AEON agrees to permit full disclosure to DAEWOONG of AEON’s accounting records, solely related to the calculation of lost profits, for the [***] ending on the first day of the month in which the Supply Event Default occurred. In the event that DAEWOONG is unable to supply both AEON’s requirements of Product and its own and third parties’ requirements for Product, DAEWOONG shall allocate Product that DAEWOONG has in inventory and that DAEWOONG is able to Product, so that AEON receives its requirements of Product in priority to DAEWOONG and third parties. 4.10 At the request of AEON, DAEWOONG shall at its own cost and expense during the Term, maintain an amount of inventory of Product equal to AEON’s requirements for Product for [***] based on AEON’s most recent forecast (“Safety Stock”). The Safety Stock shall be (i) maintained for the sole benefit of AEON and its Affiliates, (ii) shall be stored at a secure facility in compliance with GMP, and (iii) shall not be used for the benefit of any other customer of DAEWOONG. DAEWOONG shall rotate the Safety Stock on a “First Expiry-First Out” basis for routine fulfillment of firm orders, subject to Article 7.

  • Acceptance of Products All drawings, specifications, technical documentation, samples, prototypes and Products are approved and/or accepted by Buyer if Buyer does not provide Seller a written objection and/or rejection within 10 days of receipt or other reasonable time established in writing by Seller. Failure to provide written objection and/or rejection will constitute an irrevocable acceptance by the Buyer of the Products. Any written objection and/or rejection must state with specificity all defects and non-conformities upon which Buyer will rely to support its rejection of the Products. ALL DEFECTS AND NON- CONFORMITIES WHICH ARE NOT SPECIFIED ARE WAIVED BY BUYER. If Xxxxx rejects the Products and, if requested by Seller, Xxxxx will return them to Seller at Buyer’s cost, within three days, or Buyer has irrevocably accepted the Products. No attempted revocation of acceptance will be effective, and Buyer will be limited to any available remedies specifically provided in the Terms for breach of warranty. Seller has a reasonable period of time to cure any non- conformity.

  • Selection of Subcontractors, Procurement of Materials and Leasing of Equipment The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

  • Supply Agreements For a period of three years from the consummation of the IPO, Odetics shall not unilaterally terminate or assign its guarantee obligation with respect to any supply agreement pursuant to which it has guaranteed the performance by ATL of ATL's obligations, unless such suppliers have consented to the termination or assignment of such guarantee.

  • SHIPPING/RECEIPT OF PRODUCT a. Packaging Tangible Product shall be securely and properly packed for shipment, storage and stocking in appropriate, clearly labeled shipping containers and according to accepted commercial practice, without any extra charges for packing materials, cases or other types of containers. The container shall become and remain the property of the Authorized User unless otherwise specified in the Contract documents.

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