Warranty Return Policies Sample Clauses

Warranty Return Policies. In the event that a Product fails to conform to ------------------------ the warranty set forth in paragraph 1 above, during the warranty period (i) BIO-RAD shall notify LUMINEX in a timely manner in writing that such Product failed to conform and shall furnish a detailed explanation of any alleged nonconformity; and (ii) at LUMINEX's option and election, BIO-RAD shall return such nonconforming Product to LUMINEX F.O.B. (U.C.C.) LUMINEX's manufacturing facility or destroy such Product and provide LUMINEX with written certification of destruction. Except as expressly provided in this paragraph, BIO-RAD would not have the right to return a Product to LUMINEX without LUMINEX's prior written consent. EXHIBIT D TRADEMARKS Luminex Luminex100 EXHIBIT E LUMINEX100 SYSTEM PRICING ------------------------- Product Number Item Description ------ ---------------- 51-00001 Luminex100 System [**] [**] This Luminex100 Purchase Price will be effective during the first [**] years of this Agreement, after which time LUMINEX may, at its option, increase the Luminex100 Purchase Price effective on [**] days written notice to BIO- RAD, provided that such increases may occur no more frequently than once per year. Any increase in the Luminex100 Purchase Price shall be effective for all Luminex100 Systems ordered after such notice.
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Warranty Return Policies. In the event that a Product contains a Nonconformity, during the Warranty Period: (i) TM shall notify Luminex in a timely manner (after becoming aware of the same) in writing that such Product contained a Nonconformity and shall furnish a detailed explanation of any alleged Nonconformity; and (ii) at Luminex’s option and election, TM shall return such nonconforming Product to Luminex F.O.B. (U.C.C.) Luminex’s manufacturing facility (subject to the following sentence) or destroy such nonconforming Product and provide Luminex with written certification of such destruction. The cost of shipping and handling will be reimbursed by Luminex where the Product is determined to have had a Nonconformity. Except as expressly provided in this Section 7.2, TM shall not have the right to return a nonconforming Product to Luminex without Luminex’s prior written consent.
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Warranty Return Policies. In the event that a Product Unit fails to conform to the warranty set forth in Section 7.2 (Limited Product Warranty) during the Warranty Period: (i) DiaCarta shall notify Luminex in a timely manner in writing that such Product Unit failed to conform and shall furnish a detailed explanation of any alleged nonconformity; and (ii) at Luminex’s option and election, DiaCarta shall return such non-conforming Product Unit to Luminex’s manufacturing facility or destroy such Product Unit and provide Luminex with written certification of destruction. Except as expressly provided in this Section 7.3 (Warranty Return Policies), DiaCarta shall not have the right to return any Product Unit to Luminex without Luminex’s prior written consent.
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Warranty Return Policies. In the event that a Product fails to conform to the warranty set forth in paragraph 1 above, during the warranty period (i) MIRAI shall notify LUMINEX in a timely manner in writing that such Product failed to conform and shall furnish a detailed explanation of any alleged nonconformity; and (ii) at LUMINEX's option and election, MIRAI shall return such nonconforming Product to LUMINEX F.O.B. (U.C.C.) LUMINEX's manufacturing facility or destroy such Product and provide LUMINEX with written certification of destruction. Except as expressly provided in this paragraph, MIRAI shall not have the right to return a Product to LUMINEX without LUMINEX's prior written consent. EXHIBIT E TRADEMARKS Luminex Luminex 100 Lumavidin LabMAP EXHIBIT F DIAGNOSTIC FIELDS* THE FIELD OF ALLERGY TESTING The Field of Allergy Testing means the detection of allergens (known substances which cause allergic reactions), antibodies thereto (all classes) and markers associated with the allergic process. Examples of analytes in this Field are: total and allergen specific immunoglobulin (IgE) and other immunoglobulin (IgG, IgA) mites, foods, ragweed, pollen and other substances, e.g., histamine, directly related to the allergic response. THE FIELD OF AUTOIMMUNE DISEASE TESTING The Field of Autoimmune Disease Testing means the detection and measurement of antigens (soluble or cellular) and serum antibodies thereto which are related to auto immune diseases such as lupus erythematosus, rheumatoid arthritis, Sjogrens disease, Scleroderma, Diabetes, and various neurological disorders, etc. Examples of analytes in this Field are: anti-nuclear antibodies, anti-DNA antibodies, smooth muscle antibody, anti-cardiolipin antibodies, anti-mitochondrial antibodies, anti-neutrophil Cytoplasmic Antibodies (ANCA), rheumatoid factor, anti-myelin. THE FIELD OF BACTERIOLOGICAL IMMUNOASSAYS The Field of Bacteriological Immunoassays means the detection of bacteria, toxins related thereto and antibodies thereof. Examples of analytes in this Field are: salmonella, campylobacter, H. Pylori, staphylococcus, streptococcus, tuberculosis, E. coli and related toxins, syphilis, gonorrhea. THE FIELD OF BACTERIOLOGICAL NUCLEIC ACID ASSAYS The Field of Bacteriological Nucleic Acid Assays means the detection of bacteria by measurement of specific nucleic acids. Examples of analytes in this Field are: salmonella, campylobacter, H. Pylori, staphylococcus, streptococcus, tuberculosis, E. coli and related toxins, syphilis, gono...
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Related to Warranty Return Policies

  • Final Returns When no amounts are or thereafter may become payable by the Pledgor with respect to any Obligations (except for any potential liability under Section 2(d) of this Agreement), the Secured Party will Transfer to the Pledgor all Posted Credit Support and the Interest Amount, if any.

  • Collection Practices; Escrow Deposits The origination and collection practices used with respect to the Mortgage Loan have been in accordance with Accepted Servicing Practices, and have been in all material respects legal and proper. With respect to escrow deposits and Escrow Payments, all such payments are in the possession of the Company and there exist no deficiencies in connection therewith for which customary arrangements for repayment thereof have not been made. All Escrow Payments have been collected in full compliance with state and federal law. No escrow deposits or Escrow Payments or other charges or payments due the Company have been capitalized under the Mortgage Note;

  • Maintenance of Certain Servicing Insurance Policies The Master Servicer shall during the term of its service as master servicer maintain in force (i) policies of insurance covering errors and omissions in the performance of its obligations as master servicer under this Agreement and (ii) a fidelity bond covering its officers, employees, or agents. Each policy and bond together shall comply with the requirements from time to time of Fannie Mae for persons performing xxxxxcxxx for mortgage loans purchased by Fannie Mae.

  • Collection Practices; Escrow Deposits; Interest Rate Adjustments The origination, servicing and collection practices used by the Seller and the Interim Servicer with respect to the Mortgage Loan have been in all respects in compliance with Accepted Servicing Practices, applicable laws and regulations, and have been in all respects legal and proper. With respect to escrow deposits and Escrow Payments, all such payments are in the possession of, or under the control of, the Seller or the Interim Servicer and there exist no deficiencies in connection therewith for which customary arrangements for repayment thereof have not been made. All Escrow Payments have been collected in full compliance with state and federal law and the provisions of the related Mortgage Note and Mortgage. An escrow of funds is not prohibited by applicable law and has been established in an amount sufficient to pay for every item that remains unpaid and has been assessed but is not yet due and payable. No escrow deposits or Escrow Payments or other charges or payments due the Seller have been capitalized under the Mortgage or the Mortgage Note. All Mortgage Interest Rate adjustments have been made in strict compliance with state and federal law and the terms of the related Mortgage and Mortgage Note on the related Interest Rate Adjustment Date. If, pursuant to the terms of the Mortgage Note, another index was selected for determining the Mortgage Interest Rate, the same index was used with respect to each Mortgage Note which required a new index to be selected, and such selection did not conflict with the terms of the related Mortgage Note. The Seller or the Interim Servicer executed and delivered any and all notices required under applicable law and the terms of the related Mortgage Note and Mortgage regarding the Mortgage Interest Rate and the Monthly Payment adjustments. Any interest required to be paid pursuant to state, federal and local law has been properly paid and credited;

  • Other Insurance Policies No action, inaction or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any applicable special hazard insurance policy, PMI Policy or bankruptcy bond, irrespective of the cause of such failure of coverage. In connection with the placement of any such insurance, no commission, fee, or other compensation has been or will be received by Seller or by any officer, director, or employee of Seller or any designee of Seller or any corporation in which Seller or any officer, director, or employee had a financial interest at the time of placement of such insurance.

  • Non-Reliance on Company Estimates, Projections, Forecasts, Forward-Looking Statements and Business Plans In connection with the due diligence investigation of the Company by Parent and Merger Subsidiary, Parent and Merger Subsidiary have received and may continue to receive from the Company certain estimates, projections, forecasts and other forward-looking information, as well as certain business plan information, regarding the Company and its business and operations. Parent and Merger Subsidiary hereby acknowledge that there are uncertainties inherent in attempting to make such estimates, projections, forecasts and other forward-looking statements, as well as in such business plans, with which Parent and Merger Subsidiary are familiar, that Parent and Merger Subsidiary are taking full responsibility for making their own evaluation of the adequacy and accuracy of all estimates, projections, forecasts and other forward-looking information, as well as such business plans, so furnished to them (including the reasonableness of the assumptions underlying such estimates, projections, forecasts, forward-looking information or business plans), and that Parent and Merger Subsidiary will have no claim, right or obligation under this Agreement or otherwise (including under Article 9) against the Company or any of its Subsidiaries, or any of their respective Representatives, or any other Person, with respect thereto. Accordingly, Parent and Merger Subsidiary hereby acknowledge that none of the Company nor any of its Subsidiaries, nor any of their respective Representatives, nor any other Person, has made or is making any representation or warranty with respect to such estimates, projections, forecasts, forward-looking statements or business plans (including the reasonableness of the assumptions underlying such estimates, projections, forecasts, forward-looking statements or business plans).

  • Collection of Taxes, Assessments and Similar Items; Escrow Accounts (a) To the extent required by the related Mortgage Note and not violative of current law, the Master Servicer shall establish and maintain one or more accounts (each, an "Escrow Account") and deposit and retain therein all collections from the Mortgagors (or advances by the Master Servicer) for the payment of taxes, assessments, hazard insurance premiums or comparable items for the account of the Mortgagors. Nothing herein shall require the Master Servicer to compel a Mortgagor to establish an Escrow Account in violation of applicable law.

  • Insurance Policies Insurance required herein shall be by companies duly licensed or admitted to transact business in the state where the Premises are located, and maintaining during the policy term a "General Policyholders Rating" of at least B+, V, as set forth in the most current issue of "Best's Insurance Guide", or such other rating as may be required by a Lender. Lessee shall not do or permit to be done anything which invalidates the required insurance policies. Lessee shall, prior to the Start Date, deliver to Lessor certified copies of policies of such insurance or certificates evidencing the existence and amounts of the required insurance. No such policy shall be cancelable or subject to modification except after thirty (30) days prior written notice to Lessor. Lessee shall, at least thirty (30) days prior to the expiration of such policies, furnish Lessor with evidence of renewals or "insurance binders" evidencing renewal thereof, or Lessor may order such insurance and charge the cost thereof to Lessee, which amount shall be payable by Lessee to Lessor upon demand. Such policies shall be for a term of at least one year, or the length of the remaining term of this Lease, whichever is less. If either Party shall fail to procure and maintain the insurance required to be carried by it, the other Party may, but shall not be required to, procure and maintain the same.

  • Industry Data; Forward-looking statements The statistical and market-related data included in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus are based on or derived from sources that the Company reasonably and in good faith believes are reliable and accurate or represent the Company’s good faith estimates that are made on the basis of data derived from such sources. No forward-looking statement (within the meaning of Section 27A of the Securities Act and Section 21E of the Exchange Act) contained in the Prospectus has been made or reaffirmed without a reasonable basis or has been disclosed other than in good faith.

  • Maintenance of Insurance Policies The Servicer shall, in accordance with its customary practices, policies and procedures, require that each Obligor shall have obtained physical damage insurance covering the Financed Vehicle as of the execution of the related Receivable. The Servicer shall, in accordance with its customary practices, policies and procedures, track such physical damage insurance with respect to each Receivable.

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