Supplied Goods. Subject matter, volume and quality of supplies and/or services of voestalpine are based on the respective contractual agreements with the customer. To the extent not expressly otherwise agreed, production-related deviations of dimensions, weights, techni- cal characteristics and specifications shall be permitted within applicable tolerances and in compliance with pertinent market standards (EN, DIN, ÖNORMEN, VDA). Insofar as not otherwise contractually stipulated, confirmation of usability is not granted by voestalpine with respect to the application of supplies and/ or services. The customer fully bears all risks of suitability and qualification in any and all customer-intended applications, in- cluding those made known to voestalpine. With the exception of an agreement to the contrary, the Technical Terms of Delivery and voestalpine price lists applicable at the time the respective contract is signed shall apply. Entitlement to the supply of goods originating in the European Union shall not apply unless this has been explicitly stipulated by a contractual agreement.

Supplied Goods. The Supply Agreement shall contain mutually acceptable terms and conditions, substantially consistent with the terms and conditions set forth on Exhibit D.

Supplied Goods. Project Co shall be fully responsible for the procurement, ordering, transit, delivery, storage, installation and commissioning of all Supplied Goods in accordance with the requirements and terms of the Agreement. For greater certainty: (a) Project Co shall be responsible for making all necessary arrangements for, and assume all risk associated with, the procurement, ordering, packaging, shipment, transit, importation and delivery of the Supplied Goods to the Site or other locations specified in Schedule 6 [Design and Construction Specifications]; (b) Project Co shall be responsible for taking receipt of all deliveries of Supplied Goods and shall inspect, test, investigate, and confirm acceptance or rejection of all deliveries of Supplied Goods; (c) Project Co shall be responsible for the preparation and assembly and the incorporation of the Supplied Goods into the Project Work, and where applicable their installation into the Facility, including their Commissioning in accordance with Schedule 5 [Design and Construction Protocols]; (d) title to a Supplied Good shall transfer from Project Co to BC Hydro concurrent with the installation of the Supplied Good into the Facility; and (e) Project Co shall retain all risk of loss, damage, liability, defects and deficiencies, associated with the Supplied Goods for the entire Term, except only to the extent any portion of these risks has been expressly transferred to or assumed by BC Hydro under this Agreement.

Supplied Goods. Subject matter, volume and quality of supplies and/or services of Regosteel are based on the respective contractual agreements with the customer. To the extent not expressly otherwise agreed, production-related deviations of dimensions, weights, technical characteristics and specifications shall be permitted within applicable tolerances and in compliance with pertinent market standards (EN, DIN, ÖNORMEN, VDA). Insofar as not otherwise contractually stipulated, confirmation of usability is not granted by Regosteel with respect to the application of supplies and/ or services. The customer fully bears all risks of suitability and qualification in any and all customer-intended applications, in- cluding those made known to Regosteel. With the exception of an agreement to the contrary, the Technical Terms of Delivery and Regosteel price lists applicable at the time the respective contract is signed shall apply. Entitlement to the supply of goods originating in the European Union shall not apply unless this has been explicitly stipulated by a contractual agreement.

Supplied Goods. To the extent not expressly otherwise agreed, Regosteel shall not accept any warranty claims or any other liability for any prop- erties other than those explicitly agreed upon or any applica-tion of the supplies and/or services. All risks of application and qualification are borne by the customer. Technical consultation provided by Regosteel is by nature a service with informative character and serves exclusively as an aid in technical orienta- tion. No claims of any kind may be derived from the content of technical consultation unless such content has been expressly in- cluded in the contract. The customer shall inform Regosteel in writing (facsimile trans- missions permissible) within an appropriate time period, however within 21 work days following the transfer of risk, of any defects in the supplies and/or services that were recognizable at the time of transfer of risk. Defects not recognizable during careful inspection (= hidden defects) at the time of transfer of risk shall be reported by the customer within an appropriate period of time, however no later than three months following the transfer of risk. The legal consequences of Section 377 of the Polish Commercial Code shall apply in the event of improper or belated defect notifica- tions. Section 378 of the Polish Commercial Code shall ex-pressly apply. Throughout the entire warranty period of 12 months following the transfer of risk, the customer shall bear the burden of proof that any defects in the supplies and/or services were al- ready present at the time of the transfer of risk. Section 924, Para-graph 2, of the Polish Civil Code shall not apply. In the event of promptly notified defects, the customer shall grant Regosteel access to the rejected supplies and/or services to the extent required and within an appropriate time period from the time such access is requested. At the request of Regosteel, the rejected supplies and/or services or respective parts thereof or samples of the same shall be made available to Regosteel for inspection. In the event that the defects are justified and have been promptly notified, Regosteel shall perform defect-free re- placement supplies and/or services and shall rectify defects with- in an reasonable period of time (commensurate with production times customary in the industry) or effectively reduce the price of the defective goods (including credit-memo procedures). In so doing, Regosteel shall take into account the justified interests of the customer with ...

Supplied Goods. Where you supply us goods to carry out the Services, you acknowledge and agree that you hold sole responsibility for such goods and we shall under no circumstances be liable for any defect in your goods, loss or damage arising from goods supplied by you.

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Returned Goods When the use of this Agreement involves the purchase of goods, the following applies: Returned goods, when due to Contractor error (i.e., over-shipment, defective merchandise, unapproved substitution, etc.), shall be returned to the Contractor at the Contractor’s expense. The Contractor shall make arrangements to remove the returned goods from the Ordering Agency premises within seven (7) calendar days after notification. The Contractor shall not apply any restocking or other charges to the Ordering Agency. At the option of the Ordering Agency, replacement items may be accepted and will be shipped within seven (7) calendar days of notification. Failure of the Contractor to arrange for return of the items within the specified time will result in the items being deemed as abandoned property and the Ordering Agency will dispose of accordingly. For orders of custom manufactured items, the Contractor must provide a production sample of the item to the Ordering Agency for acceptance. The production sample must be identical to the item to be provided. The Ordering Agency will provide written acceptance of the item prior to the Contractor continuing with production. Once delivery and acceptance has been completed and the Ordering Agency determines for any reason that any remaining quantities will not be used, the agency may request the return of the custom manufactured items. Acceptance of the return of custom manufactured items will be at the option of the Contractor. Failure of the Contractor to provide a production sample and obtain written approval from the Ordering Agency will result in the Contractor bearing all responsibility and costs associated with the return of these goods. Returned goods of regular catalog stock merchandise, when due to agency error (i.e., over purchase, discontinued use, inventory reduction, etc.) will be accepted by the Contractor if notice is given by the Ordering Agency within six (6) months of delivery and acceptance. All items to be returned must be unused and in their original containers and in suitable condition for resale. Return of regular stock catalog merchandise, when delivery and acceptance exceed six (6) months will be at the option of the Contractor.
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.
Raw Materials A. Catalent shall procure Raw Materials only from vendors that are approved in writing by Palatin or otherwise qualified in accordance with the provisions of the Quality Agreement. Catalent shall be responsible for procuring Raw Materials as necessary to meet the Firm Commitment. Catalent shall not be liable for any delay in delivery of Product if (i) Catalent is unable to obtain, in a timely manner, a particular Raw Material necessary for Processing and (ii) Catalent placed orders for such Raw Materials promptly following receipt of Palatin’s Firm Commitment. In the event that any Raw Material becomes subject to purchase lead time beyond the Firm Commitment time frame, the parties will negotiate in good faith an appropriate amendment to this Agreement, including Clause 4.2. B. In certain instances, Palatin may require a specific supplier, manufacturer or vendor (“Vendor”) to be used for Raw Material. In such an event, (i) such Vendor will be identified in the Specifications and (ii) the Raw Materials from such Vendor shall be deemed Palatin-supplied Materials for purposes of this Agreement. If the cost of the Raw Material from any such Vendor (other than a Vendor specified in the Specifications as of the Effective Date) is greater than Catalent’s costs for the same raw material of equal quality from other vendors, Catalent shall add the difference between Catalent’s cost of the Raw Material and the Vendor’s cost of the Raw Material to the Unit Pricing. Palatin will be responsible for all reasonable, out-of-pocket costs incurred by Catalent associated with qualification of any such Vendor who has not been previously qualified by Catalent. C. In the event of (i) a Specification change for any reason, (ii) obsolescence of any Raw Material or (iii) termination or expiry of this Agreement, Palatin shall bear the cost of any unused Raw Materials (including packaging), so long as Catalent (a) purchased such Raw Materials in quantities consistent with Palatin’s then current Firm Commitment and any minimum purchase obligations required by the vendor and (b) used commercially reasonable efforts to mitigate such costs by using any such unused Raw Materials in the manufacture of other products.
EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
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.
API If the Software offers integration capabilities via an API, your use of the API may be subject to additional costs or Sage specific policies and terms and conditions (which shall prevail in relation to your use of the API). You may not access or use the API in any way that could cause damage to us or the Software, or in contravention of any applicable laws. We reserve the right in our sole discretion, to: (i) update any API from time to time; (ii) place limitations around your use of any API; and (iii) deny you access to any API in the event of misuse by you or to otherwise protect our legitimate interests.
Shipment Dell will ship the APEX System to the Site when included as part of the APEX Service. The terms and process for shipment and delivery of the APEX System will be stated in the applicable Service Offering Description.
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.
Shipments The Vendor shall ship, deliver or provide ordered products or services within a commercially reasonable time after the receipt of the order from the TIPS Member. If a delay in said delivery is anticipated, the Vendor shall notify TIPS Member as to why delivery is delayed and shall provide an estimated time for completion of the order. TIPS or the requesting entity may cancel the order if estimated delivery time is not acceptable or not as agreed by the parties.

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