Supplier's Rights and Obligations. 3.1. Supplier warrants that Products provided to Distributor will meet the manufacturing standard of China and shall provide Distributor the quality certificate of Products and other necessary quality documents of Products.
3.2. During the warranty period of Products, if any product defect occurs Supplier shall unconditionally exchange Products and assume all product liabilities, provided that Distributor transports, delivers and stores Products appropriately.
Supplier's Rights and Obligations. 4.1 In consideration of the fees paid by Customer under the Agreement, Supplier agrees to provide the Service and perform the tasks it is responsible for as agreed, with care and with the expertise the tasks require. Supplier undertakes to perform the Service substantially in conformity with the Agreement.
4.2 Service and any additional work or services provided by Supplier to Customer under the Agreement shall be performed in accordance with Supplier’s standards, methods and practices. Supplier may freely change those standards, methods and practices at its discretion provided that such changes do not cause any additional expenses to Customer or reduce the quality of the Service.
4.3 Supplier’s responsibilities set out in this Section shall be effective only to the extent that the Service is used in accordance with this Agreement. Supplier shall not be obliged to correct any defects, errors or failures nor shall Supplier be liable to compensate any costs or damages, which result from
a) any use of the Service in breach of this Agreement or Supplier’s guidance;
b) other software, system, database or other products or any amendment or correction made by Customer or a third party;
c) defect or malfunction of hardware, data connection or system for which Customer is responsible; or
d) the Service being connected to any third- party software or product which Supplier has not delivered.
Supplier's Rights and Obligations. (1) Supplier may submit the application for Huawei's permission to use, modify, or terminate Supplier's use of the SRM system, and receive an account name and password after its application is approved by Huawei.
(2) Supplier shall ensure that any and all data and information submitted to the SRM system are truthful and accurate and are updated immediately upon any change of such data and information.
(3) Supplier shall not transfer its user account and password of the SRM system to others or authorize others to use its user account and password by any means. Supplier shall take overall responsibility for any and all activities and events carried out under its account.
(4) Supplier shall ensure that any and all its actions in the SRM system are conducted in honesty and good faith and shall comply with the laws and regulations of the jurisdiction where Suppler resides, as well as social norms, public interests, and user guidelines of the SRM system. Supplier shall exclusively assume legal responsibility and liability for any legal consequence as a result of its use of the system.
(5) Supplier shall not copy, modify, translate, or otherwise reproduce in any other derivative form, any data, content, or information in the SRM system, including without limitation, bidding documents, contracts, or quotations, and shall not use such reproduction for publication, public demonstration, internet hyperlink or transmission, uploading onto other Internet servers by "mirror imaging", storing into other information retrieval/index system, or for any other commercial purposes.
(6) Supplier shall not use the following methods for logging in to the SRM system or take any action that will cause damage to the system or its services:
(i) Access to or logging in to the SRM system by any automatic methods, including but not limited to robotic software, screen-refreshing software, or any automatic re-visiting software;
(ii) Any actions that cause or are likely to cause unreasonable or disproportionate heavy loads to the internal structure of the SRM system;
(iii) Interference or attempt to interfere with the normal functioning of the SRM system or any activity carried out over the system.
Supplier's Rights and Obligations. 3.1. SUPPLIER has the right to demand from the CUSTOMER a warranty (credit card, cash or document), which is refunded / returned to the CUSTOMER after all EQUIPMENT is returned to the SUPPLIER and damage (if any) is covered.
3.2. SUPPLIER is responsible to change damaged EQUIPMENT on its own expenses if the damage was due to bad quality of the EQUIPMENT (excluding damages like panctures, etc.)
3.3. SUPPLIER guarantees that XXXXXXX's personal information used in the contract will remain confidential in accordance to the existing laws of data protection
3.4. SUPPLIER is not responsible for damage and expenses caused during the use of the EQUIPMENT by the CUSTOMER
Supplier's Rights and Obligations. 4.1 Transfer of Ownership The Supplier shall:
(a) upon receipt of the applicable Settlement Amount, transfer to IBM GF the ownership of all Purchased Receivables and Associated Rights purchased by IBM GF and such ownership shall be complete and unencumbered by any Lien and it shall vest in IBM GF from the date stated on the Supplier Invoice as its issue date;
(b) give written notice (in the form specified in Schedule B) to the Buyer that IBM GF is the owner of each Purchased Receivable together with payment instructions for IBM GF (as the same may be designated by IBM GF from time to time);
(c) execute and deliver to IBM GF such further documents including written assignments (with all stamp duties and documentary taxes endorsed thereon or paid or provided for) as IBM GF may reasonably require to exercise its rights to the absolute and unencumbered ownership of all Purchased Receivables, all Associated Rights and any remittances received in discharge thereof; and
(d) assist IBM GF as it may in writing request by providing information and records relating to Purchased Receivables that IBM GF may reasonably require to enforce its rights to Purchased Receivables and any Associated Rights.
Supplier's Rights and Obligations. 4.1. The Supplier shall use reasonable endeavours to ensure that each Portal operates properly at all times, excluding:
4.1.1. time during which planned maintenance (as notified by the Supplier to the Customer) is being carried out;
4.1.2. times for unscheduled maintenance to be carried out, provided that the Supplier has used reasonable endeavours to give the Customer notice of such unscheduled maintenance;
4.1.3. downtime attributable to failure of the Supplier’s suppliers or subcontractors; and
4.1.4. downtime attributable to the Customer's network, infrastructure or operating system.
4.2. The Customer can contact the Supplier through the online enquiry form on the Supplier website xxx.xxxxxxx.xxx, the email xxxx@xxxxxxx.xxx and the telephone numbers shown on the Supplier website, and can submit support requests relating to the Portals during the hours of 08:00 to 18:00 on Business Days only. The Supplier shall respond to such requests within a reasonable timeframe and will use reasonable endeavours to resolve any reported issues.
4.3. The Customer acknowledges that from time to time during the Term, the Supplier may apply upgrades to the Portals, and that such upgrades may result in changes to the appearance and/or functionality of the Portals.
4.4. The Supplier may make changes to the content of the Portals (including the addition and/or removal of content) from time to time.
4.5. It is acknowledged that the Supplier has the right to contact the Customer and the Authorised Users through the Portals’ messaging systems and by email or phone as provided by the Customer and the Authorised Users to inform the Customer and the Authorised Users about information relating to the Portals and related services. The Supplier will not pass any Customer and Authorised Users’ contact details to third parties.
Supplier's Rights and Obligations. 8.1. The Supplier is entitled to make any changes to the Service or its scope. In such a case, the Supplier will inform the User through the web interface related to the provided Service. In the event of changes in the legal or regulatory framework, industry standards, the Supplier's related costs, market customs, conditions affecting the relevant market, or any other changes that may impact the provision of the Service, the Supplier may at any time amend, cancel, or supplement these Terms (referred to as "Change") by notifying the User of such Change by posting the revised version of these Terms on the Website and notifying the User via email and through the interface related to the provided Service, at least 14 days before the Change takes effect. If the User does not respond to such Change within the above-mentioned period, it will be assumed that the User agrees with the Change. Notification does not apply if the Change is required by law, a court order, concerns the addition of a new service, additional features to the existing Service, or any other Change that does not reduce the User's rights or increase their obligations. In such cases, the Change will be implemented without prior notice to the User and will take effect immediately. If the User objects to the Change in the Terms within the above period, they are entitled to terminate the Agreement. In any case, the User may either accept the Change (implicitly through failure to object) or terminate the Agreement within the above period.
8.2. The Supplier undertakes to take all steps within its technical capabilities to ensure the functionality and availability of the Service. The User acknowledges and agrees that they use the Service at their own risk.
8.3. The basic system requirements for the proper operation of the Service include the server environment and defined technical status in the latest version. The Supplier undertakes to fulfil these requirements and ensure the proper operation of the Service through its own actions.
8.4. If the User identifies any issue related to the Service's speed, functionality, or availability, they are obligated to report it to the Supplier immediately. The User acknowledges that events beyond the Supplier's control, such as a User's internet connection failure, natural disasters, DOS or DNS attacks on the Supplier's technical equipment, and other factors, may impact the Service's functionality or availability. The Supplier bears no responsibility for any damag...