RESALE OF GOODS Sample Clauses

RESALE OF GOODS. Goods shall not be resold in Seller's cylinders, or containers enclosing, containing or supporting the goods.
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RESALE OF GOODS. Seller’s warranties are made only to Buyer. Seller makes no warranties to Buyer’s customer or any other person. In the event of the resale or transfer of any of the goods sold hereunder, in whatever form, Buyer shall have no authority to make, nor will Buyer make, any warranty or representation to Buyer’s customer or any other person on behalf of Seller.
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RESALE OF GOODS. If you resell goods or services, then you and your contractors must: (a) provide to the purchaser any instructions or information about the use or care of the goods or services, information about repairs and any express warranties intended for the purchaser which are provided by us to you for the purpose of being provided to the purchaser; (b) not make any statement or representation about the goods or services which is not consistent with information provided by us or make any representation on behalf of us; (c) not make any misleading or deceptive statements about the goods, services or us or which disparages them or us; (d) if you or your contractors also provide related installation or other services, perform those services in accordance with any instructions and guidelines provided by us; (e) promptly notify us of any claims that the goods or services do not comply with the mandatory guarantees under the Australian Consumer Law or which involve safety issues or serious injury or death, and then co-operate with us in relation to the handling of those claims; (f) comply with your obligations under the Australian Consumer Law in relation to mandatory guarantees; and (g) not tamper with, alter, obscure or remove any trade marks which appear on the Goods or alter the labels or packaging in which they are intended to be offered to purchasers. You indemnify us against all liability, loss, costs, damages or expense (including legal costs and expenses) incurred or suffered by us on a full compensation basis to the extent that it arises from a breach of this clause 10 by you or your contractors.
Sample 1
RESALE OF GOODS. (a) Buyer may only resell Goods if it has entered into a Reseller Agreement with Seller. Unless permitted by the Reseller Agreement, Buyer may only resell Goods to end-users or consumers and is prohibited from selling Goods to persons or entities that intend to resell the Goods (each a “Secondary Reseller”). (b) If Buyer has entered into a Reseller Agreement with Seller, then Buyer may offer customers Seller’s limited consumer warranty. This warranty is void if sold to a Secondary Reseller. (c) In the event Buyer breaches this section or sells to a Secondary Reseller, then Seller may terminate the relationship with Buyer and pursue any remedies Seller may have under these Terms or at law or equity.
Sample 1
RESALE OF GOODS. To ensure contact lens wearers are offered correctly fitted lenses and provided with advice on aftercare, the Company is committed to ensuring that an optician is involved at all relevant times during the supply of the goods to users. As part of this commitment, the Company has a strict policy of supplying its goods only to approved optical outlets. An approved optical outlet is a reputable business providing eye care services, operating at least one physical retail outlet, at which (a) customers can be fitted with contact lenses and (b) at least one registered medical practitioner, registered optometrist or registered dispensing optician is present at all times, with whom customers can consult. An outlet will not be an approved optical outlet if it only operates online, or if its core business is not the provision of eye care services (such as a supermarkets, pharmacies or department stores, provided that a concession or department within a supermarket, pharmacy or department store may qualify as an approved optical outlet if it meets the criteria above). The Buyer undertakes not to resell goods other than to (i) its retail customers or (ii) other approved optical outlets.
Sample 1
RESALE OF GOODS i. Where title to the goods has not passed from the Company and the Customer wishes to resell the goods and clause 19(iii) applies, the Customer shall invoice the Goods to the third party purchaser at a price not less than that charged to the Customer by the Company for the Goods and shall notify the third party purchaser that the Goods are the property of the Company. Such sale shall be made by the Customer as a principal but all proceeds of sale shall be held by the Customer as agent for the Company and the Customer shall be in a fiduciary position to the Company in respect of such proceeds of sale. ii. Any payments received by the Customer in respect of any assignment of any debt in connection with any sale of the Goods by the Customer shall be held by the Customer as agent for the Company and the Customer shall be in a fiduciary position to the Company in respect of any such payment so received. iii. The Customer shall give the Company full particulars of persons to whom Goods have been or are intended to be sold so as to enable the Company to recover the Goods.
Sample 1
RESALE OF GOODS. Buyer shall use the Goods in the provision of installation and construction services to end- users and shall not sell the purchased Goods to a person for further resale or use in the provision of third party services.
Sample 1
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RESALE OF GOODS. 4.1. The Products are supplied subject to the following Conditions: 4.1.1. the Products must be sold or resold only in the packages and containers in which the Products were supplied by Essex and the marks, numbers, or references indicated on such packages or containers shall neither be covered, defaced, altered, or erased; 4.1.2. Buyer, at its sole cost and expense, shall deliver to its customers all manuals, instructions, training materials, and such other notices and materials relating to the Products ordered as provided by Essex from time to time. Buyer shall not provide customers with any materials which are not produced or approved in writing by Essex for use in connection with the sale of the Products. 4.1.3. No trademarks other than the trademarks carried by the Products at the time of delivery by Essex will be marked on or applied in relation to the Products; 4.1.4. Buyer shall take all such steps as are necessary to ensure that the Products are stored, displayed and offered for sale in accordance with any instructions provided by Essex from time to time; and 4.1.5. Buyer will co-operate with Essex in the event it is necessary to recall any Products supplied. 4.2. No right or license is granted under these Conditions or any Contract to Buyer in respect of any trademark, copyright, registered design, or other intellectual property right except the right to use or resell the Products. No warranty is given hereunder as to whether that use or re-sale will infringe the right of any third parties.
Sample 1

Related to RESALE OF GOODS

  • Sale of Goods The Hirer shall, if selling goods on the premises, comply with Fair Trading Laws and any code of practice used in connection with such sales. In particular, the Hirer shall ensure that the total prices of all goods and services are prominently displayed, as shall be the organiser’s name and address and that any discounts offered are based only on Manufacturers’ Recommended Retail Prices.

  • Supply of Goods 6.1 In consideration of UKRI’s agreement to pay the Charges, the Supplier shall supply all Goods in accordance with the Agreement and any Contract. In particular, the Supplier warrants that the Goods shall: (a) conform with their description in the specifications (including the Specification), drawings, descriptions given in quotations, estimates, brochures, sales, marketing and technical literature or material (in whatever format made available by the Supplier) supplied by, or on behalf of, the Supplier; (b) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) and fit for any purpose held out by the Supplier or made known to the Supplier by UKRI, expressly or by implication, and in this respect UKRI relies on the Supplier's skill and judgement. The Supplier acknowledges and agrees that the approval by UKRI shall not relieve the Supplier of any of its obligations under this sub-clause; (c) where applicable, be free from defects (manifest or latent), in materials and workmanship and remain so for 12 months after Delivery; (d) be free from design defects; (e) comply with all applicable statutory and regulatory requirements relating to the manufacture, labelling, packaging, storage, handling and delivery of the Goods; (f) be supplied in accordance with all applicable legislation in force from time to time; and (g) be destined for supply into, and fully compliant for use in, the United Kingdom (unless specifically stated otherwise in the Specification). 6.2 In supplying the Goods, the Supplier shall co-operate with UKRI in all matters relating to the supply of the Goods and comply with all of UKRI’s instructions. 6.3 The Supplier shall ensure that at all times it has and maintains all the licences, permissions, authorisations, consents and permits that it needs to carry out its obligations under the Agreement. 6.4 UKRI and its representatives shall have the right to inspect and test the Goods at any time before Delivery. 6.5 If following such inspection or testing UKRI considers that the Goods do not conform or are unlikely to comply with the Supplier's undertakings at clause 6.1, UKRI shall inform the Supplier and the Supplier shall immediately take such remedial action as is necessary to ensure compliance. 6.6 Notwithstanding any such inspection or testing, the Supplier shall remain fully responsible for the Goods and any such inspection or testing shall not reduce or otherwise affect the Supplier's obligations under this Agreement, and UKRI shall have the right to conduct further inspections and tests after the Supplier has carried out its remedial actions. 6.7 UKRI’s rights under the Agreement are without prejudice to and in addition to the statutory terms implied in favour of UKRI under the Sale of Goods Act 1979, the Supply of Goods and Services Act 1982 and any other applicable legislation as amended.

  • Release of Goods 1. Each Party shall adopt or maintain simplified customs procedures for the efficient release of goods in order to facilitate trade between the Parties. 2. Pursuant to paragraph 1, each Party shall adopt or maintain procedures that: (a) provide for the immediate release of goods upon receipt of the customs declaration and fulfillment of all applicable requirements and procedures; (b) provide for the electronic submission and processing of documentation and data, including manifests, in advance of the arrival of the goods in order to expedite the release of goods from customs control upon arrival; (c) allow goods to be released at the point of arrival without requiring temporary transfer to warehouses or other facilities; and (d) require that the importer be informed if a Party does not promptly release goods, including, to the extent permitted by its law, the reasons why the goods are not released and which border agency, if not the customs administration, has withheld release of the goods. 3. Each Party shall adopt or maintain procedures that provide for the release of goods prior to a final determination and payment of any customs duties, taxes, fees, and charges imposed on or in connection with importation of the goods, when these are not determined prior to or promptly upon arrival, provided that the goods are otherwise eligible for release and any security required by the importing Party has been provided. 4. If a Party allows for the release of goods conditioned ona security, it shall adopt or maintain procedures that: (a) ensure that the amount of the security is no greater than that required to ensure that obligations arising from the importation of the goods will be fulfilled; (b) ensure that the security shall be discharged as soon as possible after its customs administration is satisfied that the obligations arising from the importation of the goods have been fulfilled or, for instruments covering multiple entries, until it is no longer required by the customs administration; and (c) allow an importer to provide security using a non-cash financial instrument, including, if applicable, when an importer frequently enters goods, an instrument covering multiple entries. 5. Nothing in this Article requires a Party to release a good if its requirements for release have not been met nor prevents a Party from liquidating a security in accordance with its law. 6. Each Party shall allow, to the extent practicable, goods intended for import to be moved within its territory under customs control from the point of entry into the Party's territory to another customs office in its territory from where the goods are intended to be released, provided the applicable regulatory requirements are met.

  • REJECTION OF GOODS Notwithstanding any other rights of, or remedies available to UNDP under the Contract, in case any of the Goods are defective or otherwise do not conform to the specifications or other requirements of the Contract, UNDP, at its sole option, may reject or refuse to accept the Goods, and within thirty (30) days following receipt of notice from UNDP of such rejection or refusal to accept the Goods, the Contractor shall, in sole option of UNDP: 11.7.1 provide a full refund upon return of the Goods, or a partial refund upon a return of a portion of the Goods, by UNDP; or, 11.7.2 repair the Goods in a manner that would enable the Goods to conform to the specifications or other requirements of the Contract; or, 11.7.3 replace the Goods with Goods of equal or better quality; and, 11.7.4 pay all costs relating to the repair or return of the defective Goods as well as the costs relating to the storage of any such defective Goods and for the delivery of any replacement Goods to UNDP.

  • Classification of Goods The classification of goods in trade between the Parties shall be in conformity with the Harmonized System.

  • ACCEPTANCE OF GOODS Under no circumstances shall UNDP be required to accept any Goods that do not conform to the specifications or requirements of the Contract. UNDP may condition its acceptance of the Goods upon the successful completion of acceptance tests as may be specified in the Contract or otherwise agreed in writing by the Parties. In no case shall UNDP be obligated to accept any Goods unless and until UNDP has had a reasonable opportunity to inspect the Goods following delivery. If the Contract specifies that UNDP shall provide a written acceptance of the Goods, the Goods shall not be deemed accepted unless and until UNDP in fact provides such written acceptance. In no case shall payment by UNDP in and of itself constitute acceptance of the Goods.

  • Description of Goods The description of each good in Box7 must include the Harmonized Commodity Description and Coding System (HS) subheading at the 6-digit level of the exported product, and if applicable, product name and brand name. This information should be sufficiently detailed to enable the products to be identified by the customs officer examining them.

  • 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.

  • RETURN OF GOODS BUYER is entitled to return any GOODS that are not in full compliance with this AGREEMENT. SELLER will reimburse BUYER the PRICE of such GOODS plus all reasonable costs and expenses associated with such return.

  • Identification of Goods Identification of the goods shall not be deemed to have been made until both Buyer and Seller have agreed that the goods in question are to be appropriate to the performance of this Agreement.

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