SUPPLY OF THE PRODUCTS AND SERVICES Sample Clauses

SUPPLY OF THE PRODUCTS AND SERVICES. 4.1. Channel Partner shall submit any and all Product orders in accordance with the standard business procedures of RITTAL for placing such Product orders. RITTAL shall acknowledge all Product orders properly submitted by Channel Partner during the term of this Agreement. The acknowledgment from RITTAL of an order shall indicate acceptance of such order and the anticipated date of shipment thereof or rejection of such order. RITTAL may, in the sole discretion of RITTAL and without liability to Channel Partner, reject any order that (i) RITTAL cannot reasonably supply as requested, (ii) RITTAL believes violates the terms of this Agreement, the Commercial Terms, and/or applicable law, (iii) is not properly submitted to RITTAL in accordance with the standard business procedures of RITTAL for placing such orders, or (iv) is submitted at a time that RITTAL believes Channel Partner to be in breach of this Agreement. 4.2. Channel Partner shall, in respect to each Product order submitted to RITTAL, be responsible for: (i) ensuring the accuracy of the order; (ii) providing RITTAL with any and all information which is necessary in order to enable RITTAL to fulfill the order; and (iii) to the extent the Products are being purchased by Channel Partner on behalf of a customer of Channel Partner, refraining from modifying the Products in any way so that they no longer comply with the labeling, marketing and other applicable legal requirements in the Territory.
Sample 1Sample 2Sample 3See All (13)
AutoNDA by SimpleDocs
SUPPLY OF THE PRODUCTS AND SERVICES. 2.1 Sonardyne and the Customer agree that the Products and/Services shall be supplied in accordance with this Agreement for the duration of the Hire Term. 2.2 Unless specifically stated herein, Sonardyne will not supply and is not responsible for any installation, commissioning, decommissioning or training services in relation to the Products supplied. 2.3 The different Parts of these Terms shall apply as described below: 2.3.1 Part A shall apply to the supply of Products and Services under the Agreement; 2.3.2 Part B shall only apply to the provision of Services, and shall be supplemental to the provisions of Part A.
Sample 1Sample 2Sample 3See All (8)
SUPPLY OF THE PRODUCTS AND SERVICES. A) The Customer may Order from TTI from time to time such quantities of Products and Services it requires, with Orders to be in such format (whether written or otherwise) as TTI may require. B) Whilst TTI will use its best endeavours to ensure that it is able to provide Products and Services to the Customer when required, it does not warrant or guarantee that it will be able to do so and will not be responsible for any losses alleged to have been suffered by the Customer as a result of failure to supply or delay in supplying Products or Services, regardless of the reason for the failure to supply. C) TTI retains the absolute discretion at all times to refuse to accept any Order made by the Customer for Products or Services, including but not limited to circumstances where Products are unavailable for any reason, the Customer has failed to make payment for previous Orders or payment has been made outside payment terms or where the Customer is otherwise in breach of this Agreement. D) Any errors made by TTI in computations, typing or otherwise of any part of the quotation, offer, invoice, delivery docket, or any other form of communication with the Customer shall be subject to correction by TTI and the Customer agrees to be bound by any such correction. E) Products are not sold on a consignment basis unless TTI specifically agrees in writing to do so.
Sample 1Sample 2
SUPPLY OF THE PRODUCTS AND SERVICES. 3.1 The Supplier shall supply to WIC such quantities of Products and/or Services as set out in the Purchase Order in accordance with these Standard Terms and Conditions. 3.2 The Supplier shall confirm the Purchase Order to WiC in writing within two (2) days of receipt of the Purchase Order. Each party shall use the relevant Purchase Order Number assigned in all subsequent correspondence relating to the Purchase Order. For the avoidance of doubt, any terms and conditions stated in Supplier’s quotation, order confirmation or other documents shall not apply to the purchase of Products by WiC. 3.3 WiC shall not be obliged to order Products and/or Services from the Supplier and may order products and services identical or similar to the Products and/or Services from any third party. 3.4 WiC may distribute and re-sell (or authorise third party distributors, agents or representatives to distribute and re-sell) the Products. WiC may incorporate the Products in WiC’ product range and may promote the Products through WiC’ general marketing activities. 3.5 Where the Supplier provides (or is to provide) Services, the Supplier shall: 3.5.1 co-operate with WiC in all matters relating to the Services and provide all information (including documents) reasonably requested by WiC to facilitate the provision of the Services; 3.5.2 procure and maintain at its own expense all tools and equipment required to perform the Services; 3.5.3 exercise all reasonable skill, care, diligence and proper professional and technical expertise and judgement in its performance of the Services; 3.5.4 observe, and ensure that the Supplier's and its sub- contractors’ personnel observe, all health and safety rules and regulations and any other security requirements that apply at any location where the Services are provided; 3.5.5 obtain, and at all times maintain, all necessary licences, insurances and consents and comply with all relevant legislation applicable to the provision of the Services; and 3.5.6 comply with all relevant legal requirements and all applicable law.
Sample 1Sample 2
SUPPLY OF THE PRODUCTS AND SERVICES a) The Customer shall Order from AliWood from time to time such quantities of Products and Services it requires, with Orders to be in such format (whether written or otherwise) as AliWood shall prescribe from time to time. b) Prior to placing an Order, the Customer must provide AliWood with the details of three (3) trade references at Item 4 of the Schedule. AliWood reserves the right in its absolute discretion to refuse an Order or place any further restrictions or conditions on the Order as it sees fit as a result of the references or the refusal by the Customer to provide thereferences. c) The Customer agrees to provide a current driver's licence to AliWood and authorises AliWood to take a photocopy of the driver's licence to better secure the performance by the Customer of its obligations contained in this Agreement. AliWood reserves the right in its absolute discretion to refuse an Order or place any further restrictions or conditions on the Order as it sees fit as a result of the refusal by the Customer to produce a driver's licence. d) Whilst AliWood will use its best endeavours to ensure that it is able to provide Products and Services to the Customer when required, it does not warrant or guarantee that it will be able to do so and will not be responsible for any losses alleged to have been suffered by the Customer as a result of failure to supply ordelay in supplying Products and Services, regardless of the reason for the failure to supply. e) AliWood retains the absolute discretion at all times to refuse to accept any Order made by the Customer for Products or Services. f) Any period or date for delivery of Product or Services stated by or on behalf of AliWood shall be regarded by the Customer as an estimate only and not a contractual commitment. g) The Customer acknowledges that AliWood may engage agents or subcontractors in the provision of Products and Services to the Customer.
Sample 1
SUPPLY OF THE PRODUCTS AND SERVICES. 3.1 The Supplier shall supply to Buyer such quantities of Products and Services as set out in the Purchase Order in accordance with the Purchase Order. 3.2 The Supplier shall confirm the Purchase Order to Buyer in writing within 5 (five) days of receipt of the Purchase Order. If such confirmation has not been received by Buyer within 5 (five) days of receipt of the Purchase Order by the Supplier, or if the Purchase Order is not rejected within such timeframe, [or if the Purchaser otherwise agrees to, or does provide the Products and Services as set out in the Purchase Order] Purchase Order shall be deemed to be confirmed by the Supplier. In such circumstances the Supplier shall issue a confirmation as soon as possible after the expiry of the 5 (five) day term from the receipt of the Purchase Order. Each Party shall use the relevant Purchase Order Number assigned in all subsequent correspondence relating to the Purchase Order. 3.3 The order confirmation shall always state the Purchase Price, and the time and place of delivery. Where any of the Products to which the Purchase Order relates are dangerous goods, this shall be stated on the confirmation. However, for the avoidance of doubt, the purchase order confirmation cannot vary the terms of the Purchase Order and any statement in the confirmation or any other document issued by the Supplier to the contrary shall have no effect. 3.4 The Supplier shall at its own cost and risk maintain a reasonable stock for each of the Products to be supplied in quantities sufficient to meet Buyer’s reasonable requirements and estimated purchase orders (if any). 3.5 Buyer shall not be obliged to order Products from the Supplier and may order products identical or similar to the Products from any third party.
Sample 1
SUPPLY OF THE PRODUCTS AND SERVICES. 4.1 Channel Partner shall submit any and all Product orders in accordance with the standard business procedures of STM CANNA for placing such Product orders. STM CANNA shall acknowledge all Product orders properly submitted by Channel Partner during the term of this Agreement. The acknowledgment from STM CANNA of an order shall indicate acceptance of such order and the anticipated date of shipment thereof or rejection of such order. STM CANNA may, in the sole discretion of STM CANNA and without liability to Channel Partner, reject any order that (i) STM CANNA cannot reasonably supply as requested, (ii) STM CANNA believes violates the terms of this Agreement, the Commercial Terms, and/or applicable law, (iii) is not properly submitted to STM CANNA in accordance with the standard business procedures of STM CANNA for placing such orders, or (iv) is submitted at a time that STM CANNA believes Channel Partner to be in breach of this Agreement. 4.2 Channel Partner shall, in respect to each Product order submitted to STM CANNA, be responsible for: (i) ensuring the accuracy of the order; (ii) providing STM CANNA with any and all information which is necessary in order to enable STM CANNA to fulfill the order; and (iii) to the extent the Products are being purchased by Channel Partner on behalf of a customer of Channel Partner, refraining from modifying the Products in any way so that they no longer comply with the labeling, marketing and other applicable legal requirements.
Sample 1
AutoNDA by SimpleDocs
SUPPLY OF THE PRODUCTS AND SERVICES. 2.1 Wavefront and the Customer agree that the Products and/Services shall be supplied in accordance with this Agreement for the duration of the Hire Term. 2.2 Unless specifically stated herein, Wavefront will not supply and is not responsible for any installation, commissioning, decommissioning or training services in relation to the Products supplied. 2.3 The different Parts of these Terms shall apply as described below: 2.3.1 Part A shall apply to the supply of Products and Services under the Agreement; 2.3.2 Part B shall only apply to the provision of Services, and shall be supplemental to the provisions of Part A.
Sample 1
SUPPLY OF THE PRODUCTS AND SERVICES a) The Customer purchases the Products or Services from Partswise in accordance with the Order and the terms and conditions contained in this Agreement. b) The Customer or the person completing the Schedule on behalf of the Customer, warrants to Partswise that they have full, unrestricted authority to enter into this Agreement and bind the Customer. c) Partswise reserves the right to refuse any Order and/or terminate this Agreement for any reason, without penalty. d) If requested by Partswise, prior to placing an Order, the Customer must provide Partswise with the details of three (3) trade references at Item 4 of the Schedule. Partswise reserves the right in its absolute discretion to refuse an Order or place any further restrictions or conditions on the Order as it sees fit as a result of the references or the refusal by the Customer to provide the references. e) The Customer agrees to provide a current driver's licence to Partswise and authorises Partswise to take a photocopy of the driver's licence to better secure the performance by the Customer of its obligations contained in this Agreement. Partswise reserves the right in its absolute discretion to refuse an Order or place any further restrictions or conditions on the Order as it sees fit as a result of the refusal by the Customer to produce a driver's licence. f) Whilst Partswise will use its best endeavours to ensure that it is able to provide Products and Services to the Customer when required, it does not warrant or guarantee that it will be able to do so and will not be responsible for any losses alleged to have been suffered by the Customer as a result of failure to supply, or delay in supplying Products and Services, regardless of the reason for the failure to supply. g) Partswise retains an absolute discretion at all times to refuse to accept any Order made by the Customer for Products or Services. h) Any period or date for delivery of Products or Services stated by or on behalf of Partswise shall be regarded by the Customer as an estimate only and not a contractual commitment.
Sample 1

Related to SUPPLY OF THE PRODUCTS AND SERVICES

  • Products and Services General Information

  • 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.

  • Additional Products and Services Subject to the allocation of funds, the CPO may add similar equipment, supplies, services, or locations, within the scope of this Agreement, to the list of equipment, supplies, services, or locations to be performed or provided by giving written notification to Contractor. For purposes of this Section, the “Effective Date” means the date specified in the notification from the CPO. As of the Effective Date, each item added is subject to this Agreement, as if it had originally been a part, but the charge for each item starts to accrue only on the Effective Date. In the event the additional equipment, supplies, services, or locations are not identical to the items(s) already under this Agreement, the charges therefor will then be Contractor’s normal and customary charges or rates for the equipment, supplies, services, or locations classified in the Fees and Costs (Exhibit “F”).

  • Third Party Products and Services Any third-party hardware, software and/or services that is delivered by ResMed for use either standalone or in conjunction with ResMed products and/or services, shall be subject to the third-party terms and conditions and/or license agreements between Customer and the third party. Such third-party hardware, software and/or services is provided by ResMed "AS IS," without any warranty of any kind. Any representations or warranties as to such hardware, software and/or services shall only be as granted by the applicable third parties, if any, that accompany such products and/or software and/or services. Any representations, warranties, or other similar obligations with respect to such third-party hardware, software and/or services flow directly from the third party to Customer and ResMed shall have no responsibility at all for any such representations, warranties, obligations or lack thereof.

  • Supply of Products ‌‌ 3.1 The Supplier warrants that the Products shall: (a) correspond with their description and any applicable Product Specification; (b) conform in all respects with the Order and any relevant sample; (c) be of satisfactory quality and fit for any purpose held out by the Supplier or made known to the Supplier by Ornua, expressly or by implication, and in this respect Ornua relies on the Supplier's skill and judgement; (d) be manufactured by properly trained and qualified personnel using all reasonable skill, care and diligence and in a good and workmanlike manner;‌ (e) where they are manufactured products, be free from defects in design, materials and workmanship and remain so for the period set out in the Product Specification or, if none is specified, for at least 12 months after delivery; (f) comply with all applicable statutory and regulatory requirements relating to the manufacture, labelling, packaging, storage, handling and delivery of the Products;‌ (g) comply with all relevant standards including any UK Standards, European Standards or International Standards applicable in the UK and the country or State where the Products are to be used; and (h) in the case of Products containing food stuffs, when delivered to Ornua, comply with all applicable food and hygiene legislation and regulations and best industry practice.‌ 3.2 The Supplier shall ensure that at all times it has and maintains all licences, permissions, authorisations, consents and permits needed to carry out its obligations under the Contract in respect of the supply of Products. Breach of this Condition shall be deemed a material breach of the Contract. 3.3 Ornua may inspect and test the Products at any time before delivery. The Supplier shall remain fully responsible for the Products despite any such inspection or testing and any such inspection or testing shall not reduce or otherwise affect the Supplier's obligations under the Contract. 3.4 If following such inspection or testing Ornua considers that the Products do not comply or are unlikely to comply with the Supplier's undertakings at clause 3.1, Ornua shall inform the Supplier and the Supplier shall immediately take such remedial action as is necessary to ensure compliance.‌ 3.5 Ornua may conduct further inspections and tests after the Supplier has carried out its remedial actions.

  • 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.

  • 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.

  • 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 MANUFACTURER'S SUPPLIERS Only those dealers/distributors listed by the manufacturer will be considered authorized to act on behalf of the Product Manufacturer.

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

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