Customer Items definition
Examples of Customer Items in a sentence
Where the price includes delivery to a site on the mainland of the United Kingdom, the Company will at its option either repair or credit Goods or Customer Items lost or damaged in transit to such site provided that the Customer notifies both the carriers and the Company in writing of such loss or damage within seven days of the time or estimated time of delivery.
The unloading of all Goods or Customer Items delivered by the Company shall be promptly performed by the Customer at the Customer’s own risk and expense.
Unless Goods and Customer Items are checked on receipt the carrier’s documentation should be endorsed “unexamined”.
Repaired or replaced Goods or repaired Customer Items will be returned free of charge to destinations on the mainland of the United Kingdom or delivered FOC, UK Port (Incoterms 2000) for other destinations.
Notwithstanding the foregoing, each party may pursue the protection of the Proprietary Items or Customer Items, as applicable, or Confidential Information through injunctive or other equitable relief through the courts.
Customer acknowledges and agrees (i) that Customer is responsible for selecting appropriate remediation for, and resolving, any issues found on Customer’s network, hardware, software, or third party services relied on by Customer to access and use the Solution (collectively, “Customer Items”); and (ii) that Tilo Tech is not liable for, or responsible to, remediate any issues found regarding Customer Items or Customer Data, except to the extent caused by Tilo Tech’s negligent acts or omissions.
Effect of Termination: Upon termination of this Agreement, all amounts owing shall be paid in accordance with Section 2.0, and each party shall immediately return or destroy all Proprietary Items, Customer Items and Confidential Information, as applicable, in its possession, and, upon request, shall certify to the other party that it has done so.
If the Customer does not accept delivery of a consignment of Goods or Customer Items in respect of which Services have been performed then the Company shall be entitled to claim payment for such Goods or Customer Items in accordance with Condition 3 above and they shall be in all respects at the Customer’s risk and the cost of storing them shall be borne by the Customer.
Risk in any Customer Items shall pass to Aerotek when unloaded at the Delivery Location and shall pass back to the Customer upon completion of loading at the Delivery Location.
In the event that the arbitration provisions in this Agreement are not enforceable and for interpretation of matters and other than in respect of any matter relating to the enforcement of the Proprietary Items and Customer Items, or the protection of Confidential Information, the parties agree that any action, suit or proceeding arising out of or related to this Agreement shall be commenced in Toronto or, if no jurisdiction exists, in the Province of Ontario.