Warranty Adjustment Sample Clauses

Warranty Adjustment. (1) If any defect within this warranty appears, Buyer shall notify ITT immediately. (2) ITT agrees to repair or furnish a replacement for, but not install, any product which within one (1) year from the date of shipment by ITT shall, upon examination by ITT, prove defective within the above warranty. (3) Prior to returning any product for repair or replacement, Buyer shall request a written Return Material Authorization (“RMA”) from Seller. Upon issuance of an RMA, and in accordance with instructions by Seller, the product will be returned to Seller shipping charges prepaid by Xxxxx. Repairs and replacements made under this warranty will be shipped prepaid by ITT.
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Warranty Adjustment. Seller agrees to repair or replace at Seller’s option, any goods which, within one year from the date of shipment by Seller, shall, after testing and examination by Seller, prove defective within said one year period. Exclusions from warranty: THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES EXPRESS OR IMPLIED, ANY PROVISIONS CONTAINED IN PURCHASER’S PURCHASE ORDER NOTWITHSTANDING. XXXXXX MAKES NO IMPLIED WARRANTY OR MERCHANTABILITY WITH RESPECT TO THE GOODS SOLD HEREUNDER. Seller will not be liable for any indirect, special or consequential damages arising from (i) the use of the goods, (ii) and inability to use the goods either separately or in combination with any other equipment or material, or (iii) any other cause. This warranty shall not extend or apply to any goods which have been subjected to misuse, neglect, accident, improper installation or violation of instructions furnished by Seller. This warranty shall not extend or apply to any goods which have been repaired or altered in any manner not expressly authorized by Seller, nor to any goods on which the Seller’s markings have been removed, defaced or changed.
Warranty Adjustment. Xxxxx must make claim of any breach of any warranty by written notice to the Company’s home office within thirty (30) days of the discovery of any defect. The Company agrees at it’s option to repair or replace, BUT NOT INSTALL, F.O.B. Company’s plant, any part or parts of the Equipment which within twelve (12) months from the date of initial operation but no more than eighteen (18) months from date of shipment shall prove to the Company’s’ satisfaction (including return to the Company’s plant, transportation prepaid, for inspection, if required by the Company) to be defective within the above Warranty. Any warranty adjustments made by the Company shall not extend the initial warranty period set forth above. The warranty period for replacements made by the Company shall terminate upon the termination of the initial warranty period set forth above. Expenses incurred by Buyer in replacing, repairing or returning the Equipment or any part will not be reimbursed by the Company.
Warranty Adjustment. Stryten Energy further warrants to the Original User, subject to the Conditions and Limitations described below, that a Covered Battery will, for a period of:
Warranty Adjustment. The Company shall repair or shall replace FCA at the Companies facility, any parts of the Equipment found to be defective in design, workmanship, or material within one (l) year from the date of shipment from the Company’s facility, provided the Equipment is operated by the Purchaser in accordance with generally approved practice and in accordance with the conditions of service, if any, herein speci- fied, and provided the Purchaser notifies the Company in writing within thirty (30) days of discovery of any alleged defect. Exceptions or addendums to the one (l) year period are noted above. Any warranty adjustments made by the Company shall not extend the initial warranty period set forth above.The warranty period for replacements to the Equipment made by the Company shall terminate upon the termination of the initial warranty period set forth above. Expenses incurred by Purchaser for labor to replace or repair or expenses to return the Equipment or any part or parts to Company will not be reimbursed by the Company.
Warranty Adjustment. 1. MARINCO agrees to repair or furnish a replacement for, but not remove or install, any product or component thereof which, within five (5) years from the date of shipment by MARINCO shall, upon test and examina- tion by MARINCO, prove defective within the above warranty. 2. Buyer shall notify MARINCO of any defect within this warranty no later than thirty (30) days after a defect is discovered. 3. No product shall be accepted for return or replacement without the writ- ten authorization of MARINCO. Upon such authorization, and in accor- dance with instructions from MARINCO, the product will be returned to MARINCO, shipping charges prepaid by buyer. Product returned to MARINCO will be addressed as follows:

Related to Warranty Adjustment

  • Tax Adjustment Tenant shall pay, as Additional Charges, an amount (hereinafter referred to as the “Tax Adjustment Amount”) equal to Tenant’s Expense Share of the amount of Taxes incurred with respect to each Lease Year; except that Tenant shall be required to pay only a pro rata amount of the Tax Adjustment Amount for the Lease Years in which the first and last days of the Term occur pro rated on a per diem basis. Tenant shall not, however, have any right to audit Landlord’s books and records pertaining to Taxes. The Tax Adjustment Amount with respect to each Lease Year shall be paid in monthly installments in advance on the first day of each and every calendar month during such Lease Year, commencing on the Commencement Date, in an amount estimated from time to time by Landlord and communicated by written notice to Tenant. Following receipt of actual tax bills, Landlord shall deliver to Tenant a statement setting forth (i) the actual Tax Adjustment Amount for such Lease Year; (ii) the total of the estimated monthly installments of the Tax Adjustment Amount paid to Landlord for such Lease Year; and (iii) the amount of any excess or deficiency with respect to such Lease Year. Tenant shall pay any deficiency to Landlord as shown by such statement within 30 days after receipt of such statement. If the total of the estimated monthly installments paid by Tenant during any Lease Year exceeds the actual Tax Adjustment Amount due from Tenant for such Lease Year, at Landlord’s option such excess shall be either credited against payments next due hereunder or refunded by Landlord, provided Tenant is not then in default hereunder.

  • True-Up Adjustments From time to time, until the Retirement of the Recovery Bonds, the Servicer shall identify the need for True-Up Adjustments and shall take all reasonable action to obtain and implement such True-Up Adjustments, all in accordance with the following:

  • CPI Adjustment At the end of the first Lease year (as hereinafter defined) and every Lease year thereafter (including any renewal periods) the Base Rental provided for in Paragraph 3 above shall be adjusted by adding to Base Rental the "Add-on Factor". The one (1) year periods are each hereinafter referred to as an "Adjustment Period". As used herein, the "Add- on Factor" shall mean the "Add-on Sum" minus "Net Base Rental"; "Add-on Sum" shall mean a sum determined by multiplying the "Net Base Rental" by the "Adjustment Factor"; "Net Base Rental" shall mean the Base Rental described above minus Initial Basic Cost, and "Adjustment Factor" shall mean a fraction, the numerator of which is the "CPI" published immediately preceding the applicable anniversary date and the denominator of which is the "CPI" published immediately preceding the commencement date of the term of this Lease. "CPI" shall mean the United States Average (1982-84 '" 100), as published bi-monthly (or if the same shall no longer be published bi-monthly, on the most frequent basis available) by the Bureau of Labor Statistics, U.S. Department of Labor (but if such is subject to adjustment later, the later adjusted index shall be used). The Adjusted Rental shall be the new Base Rental of the Premises effective as of the first day of the applicable Adjustment Period. Notwithstanding the foregoing calculation, the yearly percentage rent adjustment pursuant to this Paragraph 9 shall in no event be less than FIVE percent (5%) per year. Tenant shall continue payment of the Base Rental in effect for the expiring Adjustment Period until notified by Landlord of any increase in such Base Rental. Such notification shall include a memorandum showing the calculations used by Landlord in determining the new Base Rental. On the first day of the calendar month immediately succeeding receipt of such notice, Tenant shall commence payment of the new Base Rental spedfied in the notice, and shall also pay to Landlord with respect to the month(s) already expired, the excess of the required monthly rentals spedfied in the notice over the monthly amounts actually paid by Tenant.

  • Tax Adjustments The Company may make such reductions in the Purchase Price, in addition to those required by Sections 3, 4, 5, 6, 7 and 8, as the Board of Directors considers to be advisable to avoid or diminish any income tax to holders of Common Stock or rights to purchase Common Stock resulting from any dividend or distribution of stock (or rights to acquire stock) or from any event treated as such for income tax purposes.

  • Section 754 Adjustment To the extent an adjustment to the adjusted tax basis of any Partnership asset pursuant to Code Section 734(b) or Code Section 743(b) is required, pursuant to Regulations Section 1.704-1(b)(2)(iv)(m)(2) or Regulations Section 1.704-1(b)(2)(iv)(m)(4), to be taken into account in determining Capital Accounts as the result of a distribution to a Holder in complete liquidation of his interest in the Partnership, the amount of such adjustment to the Capital Accounts shall be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) and such gain or loss shall be specially allocated to the Holders in accordance with their interests in the Partnership in the event that Regulations Section 1.704-1(b)(2)(iv)(m)(2) applies, or to the Holders to whom such distribution was made in the event that Regulations Section 1.704-1(b)(2)(iv)(m)(4) applies.

  • Royalty Adjustments The following adjustments shall be made, on a Licensed Product-by-Licensed Product and country-by-country basis, to the royalties payable pursuant to this Section 5.5:

  • PREMIUM ADJUSTMENT If THE COMPANY overpays a reinsurance premium and THE REINSURER accepts the overpayment, THE REINSURER’s acceptance will not constitute or create a reinsurance liability or increase in any existing reinsurance liability. Instead, THE REINSURER will be liable to THE COMPANY for a credit in the amount of the overpayment. If a reinsured policy terminates, THE REINSURER will refund the excess reinsurance premium. This refund will be on a prorated basis without interest from the date of termination of the policy to the date to which a reinsurance premium has been paid.

  • Minimum Adjustment The adjustments required by the preceding sections of this Article IV shall be made whenever and as often as any specified event requiring an adjustment shall occur, except that no adjustment of the Exercise Price or the number of shares of Common Stock issuable upon exercise of the Warrants that would otherwise be required shall be made unless and until such adjustment either by itself or with other adjustments not previously made increases or decreases by at least 1% the Exercise Price or the number of shares of Common Stock issuable upon exercise of the Warrants immediately prior to the making of such adjustment. Any adjustment representing a change of less than such minimum amount shall be carried forward and made as soon as such adjustment, together with other adjustments required by this Article IV and not previously made, would result in a minimum adjustment. For the purpose of any adjustment, any specified event shall be deemed to have occurred at the close of business on the date of its occurrence. In computing adjustments under this Article IV, fractional interests in Common Stock shall be taken into account to the nearest one-hundredth of a share.

  • Price Adjustment Civil works contracts of long duration (more than 18 months) shall contain an appropriate price adjustment clause.

  • FORCE ADJUSTMENT General 11.01 When any condition arises which reduces the work load to the extent that, in the Company's opinion, force adjustment is warranted, the following shall apply: (a) If the contemplated adjustment to the force would involve the lay-off of 50 or more Regular employees from the bargaining unit within a period of 30 days, or alternatively the spreading of the equivalent work by part-timing, the Company shall endeavour to reach agreement with the Union as to whether a plan of part-timing, lay-offs, or a combination of the two shall be put into effect. (b) If the contemplated adjustment to the work force is less extensive than that described in subsection 11.01 (a), the Company shall not resort to lay-off of Regular employees or part-timing of Regular Full-Time employees, except with the agreement of the Union. 11.02 In the event that an agreement as to a plan cannot be reached under subsection 11.01 (a) within a period of 30 calendar days after the matter has been submitted to the Union, the Company may proceed on a plan of lay-off to the extent it deems necessary. 11.03 It is expressly understood, however, that if the Company proceeds on a plan of lay-off at the expiration of the 30 day period or later as prescribed in this Article, negotiations toward an agreement relating to a force adjustment plan shall be resumed at any time at the request of either party. Similarly, after agreement has been reached as to a plan of force adjustment either party may resume negotiations at any time in an effort to obtain agreement upon modifications of the plan then in effect.

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