SPECIFICATION OF THE PRODUCTS Sample Clauses

SPECIFICATION OF THE PRODUCTS. 4.1 The Supplier warrants that all Products sold by the Supplier to the Customer pursuant to this Agreement will conform in all material respects to the Specification at the date of delivery and will, subject to Clauses 4.2 and 4.3, continue to do so for a period of 12 months (unless otherwise notified by the Supplier) from that date (Warranty). All other warranties or conditions (whether express or implied) as to quality, condition, description, compliance with sample or fitness for purpose (whether statutory or otherwise) other than those expressly set out in this Agreement are excluded from this Agreement to the fullest extent permitted by law. 4.2 During the period of the Warranty, if any non- conformance of any Products with the Specification is caused wholly or partly by any action or inaction of the Customer, including any of the Customer's manufacturing processes, the Supplier shall have no liability whatsoever, and the Customer shall be responsible for replacing or repairing such Products at its own expense. 4.3 Notwithstanding the provisions of Clause 4.1, if the Customer (a) combines the Products (or any part of them) with its own or any third party product; or
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs
SPECIFICATION OF THE PRODUCTS. 4.1 The Company shall use all reasonable endeavours to ensure that all Products sold by the Company to the Distributor pursuant to this agreement shall conform in all material respects to the Specification and, subject to the provisions of clause 5, the Distributor shall be entitled to reject any quantity of the Products which are not in accordance with the Specification. 4.2 The Company shall consult with the Distributor from time to time during the continuance of this agreement to ensure that the Specification is acceptable to both parties.
Sample 1Sample 2
SPECIFICATION OF THE PRODUCTS. 4.1 All Products sold by the Supplier to the Customer pursuant to this Agreement shall conform in all respects to the Specification (including, without limitation, as to quality and description) and the Customer shall be entitled to reject any of the Products which are not in accordance with the Specification. Immaterial faults which do not affect the functionality of the Products despatched do not entitle the Customer to refuse acceptance. The Supplier shall make good free of charge to the Customer any loss or damage to or defect in the Products (save in the extent that the Customer has a valid insurance claim in respect of the loss) where notice is given by the Customer within 30 days from despatch to the Customer. 4.2 The Supplier shall consult with the Customer from time to time during the continuance of this Agreement with a view to updating the Specification so as to ensure that it continues to be viable. 4.3 If a significant number of the Products fail to meet the Specification or differ from samples previously approved or present a fire hazard or risk of harmful radiation or electrical shock or other injury or damage (a "Relevant Problem") the Customer may instruct the Supplier in writing to suspend despatch. Despatch may not be recommenced without the prior permission of the Customer which shall not be unreasonably withheld or delayed where the Relevant Problem has been rectified. 4.4 The Supplier shall as soon as reasonably practicable notify the Customer in writing of any proposed changes, improvement, enhancements or modifications to the Products of which it has knowledge. The Supplier shall not, save in respect of any component which performs an identical function, make any such change, improvement, enhancement or modification where the Customer shall have objected in writing to the Supplier within 30 days after receipt of the notification from the Supplier. 4.5 When requested in writing the Supplier shall supply samples of any proposed new Products, changes, improvements, enhancements or modifications to the Customer for its approval (such approval not to be unreasonably withheld or delayed) prior to production of the full quantity ordered.
Sample 1
SPECIFICATION OF THE PRODUCTS. 3.1 All Products supplied by the Formulator pursuant to this Agreement shall conform in all respects to the Specification. 3.2 The Formulator must, at all times, follow the national laws in the country in which it is operating. These laws include but is not limited to labor, minimum pay, environmental, and the use of chemicals. 3.3 The Buyer and the Formulator shall review and agree periodically on any subsequent revisions to the Specification of the Products applicable for the forthcoming production orders. 3.4 The Formulator will permit the Buyer or the Buyer's representative at all reasonable times to enter the Formulator's premises and production sites for the purpose of inspecting the Products and the processing, packaging and storage operation (whether or not owned by the Formulator) relating to the Products, and will as reasonably requested by the Buyer, supply without cost random samples of the Products for testing by the Buyer or its representatives, to ensure that the production conditions of the Products conform with the Buyer's requirements and that the Products will meet with the Specifications. 3.5 The Formulator may consult with the Buyer from time to time during the continuance of this Agreement in order to ensure that the Specification of the Products to be sold by the Formulator to the Buyer is acceptable to the Buyer. Any amendments to the Specification or to the growing conditions of the Products shall be agreed in writing by both Parties.
Sample 1

Related to SPECIFICATION OF THE PRODUCTS

  • Manufacturing (a) The Supplier shall without limitation be responsible, at no additional cost to the Purchaser, for: sourcing and procuring all raw materials for the Products; obtaining all necessary approvals, permits and licenses for the manufacturing of the Products; providing sufficient qualified staff and workers to perform the obligations under this Purchase Agreement; implementing and maintaining effective inventory and production control procedures with respect to the Products; and handling other matters as reasonably requested by the Purchaser from time to time. (b) The Supplier shall not change any process, material, component, packaging or manufacturing location without the Purchaser’s express prior written approval.

  • Product Labeling The labeling of all Licensed Products sold or offered for sale under this Agreement shall expressly state that the Licensed Product is manufactured under a license from the Medicines Patent Pool.

  • Packaging and Labeling Seller shall properly xxxx, xxxx, and ship Goods and provide Buyer with shipment documentation showing the Order number, Seller’s identification number for the subject Goods, the quantity of goods in shipment and the number of cartons or containers in the shipment.

  • 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.

  • Manufacture 2.1. The LED(s) on the LED module shall be equipped with suitable fixation elements. 2.2. The fixation elements shall be strong and firmly secured to the LED(s) and the LED module.

  • 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.

  • 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.

  • Manufacturing Services Jabil will manufacture the Product in accordance with the Specifications and any applicable Build Schedules. Jabil will reply to each proposed Build Schedule that is submitted in accordance with the terms of this Agreement by notifying Company of its acceptance or rejection within three (3) business days of receipt of any proposed Build Schedule. In the event of Jabil’s rejection of a proposed Build Schedule, Jabil’s notice of rejection will specify the basis for such rejection. When requested by Company, and subject to appropriate fee and cost adjustments, Jabil will provide Additional Services for existing or future Product manufactured by Jabil. Company shall be solely responsible for the sufficiency and adequacy of the Specifications [***].

  • Quality Specifications SANMINA-SCI shall comply with the quality specifications set forth in its Quality Manual, incorporated by reference herein, a copy of which is available from SANMINA-SCI upon request.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!