Special Products. PURCHASER shall not sell special products from the timber sale area, or allow firewood, shake, or post cutting, or any other special product manufacturing on the timber sale area without prior written approval of STATE. Special products are any products not in log form manufactured from material having a price, or listed as “No Charge,” under the contract. ACCESS AND ROAD MAINTENANCE
Special Products. “Special products” are any products not in log form manufactured from material having a price, or listed as “No Charge,” under the Contract. PURCHASER shall not sell special products from the Timber Sale Area, or allow firewood, shake, or post cutting, or any other special product manufacturing on the Timber Sale Area without prior written approval of STATE.
Special Products. A Special Product includes any product which is made to order or has any degree of deviation in drawing, design, material, specification, usage, or labeling from the Standard Products offered in the most recent published catalog. Orders for Special Products are non- cancellable and nonreturnable. If Customer rejects any delivery of Special Products, in whole or in part, Customer is still liable for the full purchase price of such order. RETURN POLICY. Subject to certain restrictions, new, unused, and unopened Standard Products may be returned to ECM Industries LLC, with a two for one qualifying offsetting order, after receiving a Return Merchandise Authorization (RMA) from ECM Industries LLC (“Authorized Returns”). To obtain an RMA, contact the ECM Customer Services Department. Returns are subject to return freight charges and a 25% restocking fee, except for surge products which shall be subject to a 30% restocking fee. Authorization will not be given for the return of Products (i) which would, in ECM Industries LLC’s sole opinion, result in an excess in the amount of stock ECM Industries LLC normally carries, (ii) which are discontinued Products, (iii) which were not invoiced within the previous twelve (12) month period, (iv) which have a Return Value (as defined below) greater than 10% of Customer’s aggregated sales invoiced for the previous twelve (12) month period, (v) which are Special Products, or (vi) Special Store or Online Orders. Unauthorized returns or returns not easily identified may be refused, credit denied, and returned freight collect. Authorized Returns must be in their original packaging, and, unless otherwise agreed to by ECM Industries LLC in writing, Customer is responsible for risk of loss and shipping and handling fees for Authorized Returns. The “Return Value” for Authorized Returns shall be the lesser of (i) Customer’s original purchase price for the products as identified by purchase order or invoice reference, adjusted for bundling and promotional pricing, if applicable or (ii) the prevailing fair market value of such products at the time the RMA is issued less 25% (30% for surge products) if no invoice or purchase order provided. The Return Value shall be paid in the form of a credit to Customer’s account to be used for future purchases of Products. Special Products and discontinued Standard Products are nonreturnable. SECURITY INTEREST. Where allowed by prevailing law, ECM Industries LLC shall have a lien on all Products sold...
Special Products. All drawings, designs or specifications for Special Products must be mutually agreed upon in a written document signed by both parties and will be made a part of the Order Documents as a condition to any obligation of Seller. Orders for Special Products are non-cancellable, non-returnable. If Buyer cancels, reschedules or rejects any Delivery of Special Products, in whole or in part, Buyer will pay the full purchase price for the quantity of Special Products stated in the Order.
Special Products. The business, operations and activities with respect to the Special Products, solely to the extent that the rights to such business, operations and activities are allocated to AbbVie or an AbbVie Subsidiary under the Special Products Master Agreement;
Special Products. From time to time, Franchisor may offer supplemental programs to be incorporated in certain Restaurants ("Special Products"). Franchisee may not offer a Special Product except with Franchisor's prior written permission, in which case Franchisor and Franchisee shall execute an addendum to this Agreement specified by Franchisor.
Special Products. Unless otherwise provided on the face of the Order, any drawings, special dies, tools, patterns or equipment required for the manufacture of goods shall be furnished by Seller and at no cost to Buyer. Buyer, at its option may reimburse Seller for Seller's reasonable cost for such drawings, dies, tools or patterns, and shall, as a result become the owner and entitled to possession of same upon Xxxxx's request therefore. In the event of Seller's breach, including, but not limited to Seller's delay in delivery of the goods or performance of work/services, Buyer shall be entitled to a full refund of any payments made to Seller for drawings, dies, tools, patterns or equipment. Seller waives any lien or other rights that Seller might otherwise have on any of Buyer's property, for work performed on or with such property, or otherwise.
Special Products. OKAY may ship and deliver to Buyer a quantity of Goods which have been custom produced to Buyer’s provided specifications of up to ten percent (10%) more or less than the quantity set forth in a purchase order. Buyer shall not be 21518579-v6 entitled to object to or reject the Goods or any portion of them by reason of the surplus or shortfall and shall pay for such Goods the price set forth in the Quotation adjusted pro rata. Buyer hereby expressly agrees to indemnify, defend and hold harmless OKAY and OKAY’s officers, shareholders, directors, employees, agents, successors and permitted assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of any nature arising out of or relating to claims by third parties that any designs, specifications or other intellectual property provided by Buyer to OKAY for custom produced Goods infringe on the intellectual property rights of such party or any other party.
Special Products. Products delivered under the ALA to Customer that include non-Novell products, evaluation products, or products requiring key activation, may require additional purchase if Customer chooses to be licensed to use such products, and such products may not be available under this ALA on a site license basis.
Special Products. Special Products may be requested, quoted and developed from time to time and added to this Agreement. Such Special Product, and associated prices shall only become part of this Agreement on written approval of both Parties. Once a Special Product becomes available in company's Catalog, it shall no longer be considered a Special Product.
