Seller Supplied Equipment Sample Clauses

Seller Supplied Equipment. (a) Seller warrants that for a period of [*] months from Equipment's Ship Date, that under normal use and service the Equipment subject to this Agreement will be free from material defects or faulty workmanship, and shall operate in compliance with the applicable Specifications. The foregoing warranty shall not apply to items normally consumed during operation such as, but not limited to, lamps and fuses. All like-kind Equipment (i.e., Equipment with the same frequency, functionality, and model number) sold by Seller to Buyer under this Agreement shall be Backwards Compatible with all such like-kind Equipment for a period of [*] from the earlier of (i) the end of the Initial Term of this Agreement, or (ii) termination of this Agreement. If Equipment is not free from material defects or faulty workmanship and fails to comply with the applicable Specifications during the warranty period, Seller will, within thirty (30) days, at its option, repair, replace, or modify the Equipment so that it is free from defects and complies with the applicable Specifications. This warranty service shall be performed at the Buyer's installation site or Seller's facility, as determined by Seller. If Seller is unable to repair or modify the Equipment within thirty (30) days, so that the Equipment conforms to the applicable Specifications, Seller shall replace the Equipment with Equipment that conforms to such Specifications. In such cases Seller does not guarantee that Equipment with like serial numbers will be returned to the Buyer. Seller's sole obligation and Buyer's exclusive remedy under the warranty provisions of this Article 13 with respect to Equipment shall be limited to repair, modification, or replacement of the defective Equipment or refund to Buyer the applicable Equipment's purchase price in the event Seller cannot provide Buyer with Equipment that complies with Specifications. (b) The warranties set forth in this Article 13 shall not apply to any Equipment where the defect or non-conformance is due to: (i) accident, alteration, abuse, misuse, or repair not performed by Seller; (ii) storage or operation of Equipment other than as set forth in the Equipment Specifications; (iii) failure to comply with all applicable environmental requirements for Equipment as set forth in the Equipment Specifications, including but not limited to temperature or humidity ranges; (iv) performance of Equipment installation, maintenance, operation, repair, relocation, or other service ...
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Related to Seller Supplied Equipment

  • Stored equipment We accept no responsibility for any stored equipment or other property brought on to or left at the premises, and all liability for loss or damage is hereby excluded. All equipment and other property (other than stored equipment) must be removed at the end of each hiring or we will charge fees each day or part of a day at the hire fee per hiring until the same is removed. We may, in our discretion, dispose of any items referred to below by sale or otherwise on such terms and conditions as we think fit, and charge you any costs we incur in storing and selling or otherwise disposing of the same, in any of the following circumstances: (i) your failure either to pay any charges in respect of stored equipment due and payable or to remove the same within seven days after the agreed storage period has ended (ii) your failure to dispose of any property brought on to the premises for the purposes of the hiring.

  • Required Equipment Employees are expected to be at their individual work stations with required equipment in operable condition at the scheduled shift starting time.

  • Leased Equipment The risk of loss or damage to leased equipment, goods or property shall not transfer to the University except as provided in §680.219, Florida Statutes. Any security interest in the leased equipment, goods or property granted to the Contractor contrary to AGO 79-72 and AGO 80-9 is null and void. Limitations of remedies provisions, which are unconscionable under applicable Florida law, are void. MATERIAL SAFETY DATA SHEET (MSDS). In compliance with Florida Statutes, Ch. 442, a Material Safety Data Sheet (MSDS) must accompany any applicable item delivered under this Agreement.

  • Equipment Cleaning (a) Areas, known by Forest Service prior to timber sale advertisement, that are infested with invasive species of concern are shown on Sale Area Map. A current list of invasive species of concern and a map showing the extent of known infestations is available at the Forest Supervisor’s Office. For purposes of this provision, “Off-Road Equipment” includes all logging and construction machinery, except for log trucks, chip vans, service vehicles, water trucks, pickup trucks, cars, and similar vehicles.

  • Equipment Use Lessee agrees that the Equipment will be operated by competent, qualified personnel in connection with Lessee's business for the purpose for which the Equipment was designed and in accordance with applicable operating instructions, laws, and government regulations, and that Lessee shall use all reasonable precautions to prevent loss or damage to the Equipment from fire and other hazards. Lessee shall procure and maintain in effect all orders, licenses, certificates, permits, approvals, and consents required by federal, state, or local laws or by any governmental body, agency, or authority in connection with the delivery, installation, use, and operation of the Equipment.

  • Metering Equipment 13.01. Utility will furnish, install, own and maintain metering equipment capable of measuring the flow of kilowatt-hours (kWh) of energy. The Customer's service associated with the CRG will be metered at a single metering point. The metering equipment will measure energy delivered by Utility to Customer and also measure energy delivered by Customer to Utility. Customer agrees to provide safe and reasonable access to the premises for installation of this equipment and its future maintenance or removal.

  • New Equipment Where new types of equipment and/or operations, for which rates of pay are not established by this Agreement, are put into use after the ratification date of this Agreement within operations covered by this Agreement, rates governing such operations shall be subject to negotiations between the parties. This paragraph shall apply to all new types of equipment including office and clerical equipment. In the event an agreement cannot be reached within sixty (60) days after the date such equipment is put into use, the matter may shall be submitted to the National Grievance Committee for final disposition. Rates agreed upon or awarded shall be effective as of the date equipment is put to use

  • Supplies and Equipment The Union and employees will not use state-purchased supplies or equipment to conduct union business or representational activities. This does not preclude the use of the telephone for representational activities if there is no cost to the Employer, the call is brief in duration and it does not disrupt or distract from the Employer’s business.

  • Additional Equipment Additional Equipment may from time to time be added as the subject matter of this Agreement as agreed on by the parties. Any additional property will be added in an amendment describing the property, the monthly rental, security deposit, and stipulated loss value of the additional Equipment. All amendments must be in writing and signed by both parties. Other than by this amendment procedure, this Agreement may not be amended, modified, or altered in any manner except in writing signed by both parties.

  • Customer Equipment Customer represents and warrants that it owns or has the legal right and authority, and will continue to own or maintain the legal right and authority during the term of this Agreement, to place and use the Customer Equipment as contemplated by this Agreement. Customer further represents and warrants that its placement, arrangement, and use of the Customer Equipment in the Internet Data Centers complies with the Customer Equipment Manufacturer's environmental and other specifications.

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