QUALITY AND RELIABILITY Sample Clauses

QUALITY AND RELIABILITY. The equipment is expected to perform in an efficient manner with a minimum of down time. Machines that require an excessive number of service calls are reported to the Department of General Services for review. If it is determined that a using agency’s system requires replacement, the contractor, after written notification from the agency, will replace the equipment without charge with an identical model or a machine with comparable features and capabilities. This policy shall apply to all systems leased or purchased under this contract, and is in effect for the duration of the contract. If a leased machine is replaced, a new lease term shall not commence but rather the Commonwealth is only responsible for the remaining payments in the unexpired term. If the cause of excessive service calls is determined an operator error, misuse, or abuse by the Commonwealth, the repair time and the associated travel time is not a factor in determining satisfactory machine performance.
Sample 1Sample 2
AutoNDA by SimpleDocs
QUALITY AND RELIABILITY. Our actions reflect the fact that the quality and reliability of our product is of paramount importance to us and our customers We use world class standards as the benchmark throughout our business activities. Action in response to known potential quality issues receives the highest priority. Quality is the responsibility of all employees, ie Plan [] do Ð check [] act.
Sample 1
QUALITY AND RELIABILITY. Crossroads will provide OEM with the remedies as specified in EXHIBIT 1.
Sample 1
QUALITY AND RELIABILITY. 11.1 Seller acknowledges that Buyer expects that all Products delivered to Buyer shall be of an acceptable quality as measured at Buyer's incoming inspection.
Sample 1
QUALITY AND RELIABILITY. The equipment must perform in an efficient manner with a minimum of down time. If equipment requires five (5) service calls for any service issues within a 60-day rolling time period, the bidder will be required to report this to the Department of General Services for review. If the Department of General Services determines that a using agency’s system requires replacement, the bidder, after written notification from the agency, will replace the equipment without charge with an identical model or equipment with comparable features and capabilities. This policy shall apply to all equipment leased or purchased under this contract, and is in effect for the duration of the contract. If leased equipment is replaced, a new lease term shall not commence but rather the Commonwealth shall only be responsible for the remaining payments in the un-expired term. If the Department of General Services determines the cause of excessive service calls are due to operator error, misuse, or abuse, the calls will not be counted against the five (5) service call limit and will not be a factor in determining satisfactory machinery performance. If equipment is replaced due to performance issues the equipment will be covered under the standard warranty clause included in the Terms and Conditions.
Sample 1
QUALITY AND RELIABILITY. The Supplier has provided top quality and reliability with regards to:
Sample 1
QUALITY AND RELIABILITY. The copiers will be expected to perform in an efficient manner with a minimum of down time. Machines, which require an excessive number of service calls, will be reported to the Department of General Services for review. For the purpose of this bid, if a copier exceeds the manufacturer‘s stated MTBS by an average of more than one service call per month for a six-month period, it will be deemed to be performing with an excess number of service calls. If it is determined that a using agency‘s copier must be replaced, the contractor, after written notification from the agency, MUST replace the copier without charge with an identical model or a machine with comparable features and capabilities that is acceptable to the agency. This policy will apply to all copiers leased or purchased under the contract, and will be in effect for the duration of the contract. If a leased machine is replaced, a new lease term will not commence but rather the Commonwealth will only be responsible for the remaining payments in the unexpired term. If the contractor does not restore reliability to the required level within three months after notification by the agency, the Commonwealth will be permitted to acquire equipment from another contractor. The original vendor will not be permitted to assess removal charges and will be liable for any installation charges incurred by the agency when another contractor‘s equipment is installed. The original contractor will also be assessed liquidated damages of the difference between what the agency would have paid the original contractor and what the agency will pay another contractor for the duration of the lease or installment purchase period. If the cause of excessive service calls is determined to be an operator error, misuse, or abuse by the Commonwealth, the repair time and the associated travel time will not be a factor in determining satisfactory machine performance. EQUIPMENT TRANSFERS ( LEASED EQUIPMENT): In the event of a transfer to another location the Commonwealth will pay removal and installation charges. The contractor will be responsible for preparation and will be reimbursed accordingly. All purchase option credits, present and future, on such equipment will remain in effect for use by the Agency receiving the equipment. BILLINGS : All xxxxxxxx and invoices for equipment and/or services are the sole responsibility of the contractor. Such xxxxxxxx MUST be issued by the contractor of record only on a calendar month basis begin...
Sample 1
AutoNDA by SimpleDocs
QUALITY AND RELIABILITY 
Sample 1

Related to QUALITY AND RELIABILITY

  • Confidentiality and Publication Subject to the remaining provisions of this clause 8, each Party will treat all Confidential Information of any other Party as confidential and will not, without the consent of the other relevant Party, disclose or permit the same either to be disclosed to third parties or to be used, except solely as contemplated by this Agreement. Each Party must use all reasonable endeavours to ensure that its representatives comply with the obligations of confidentiality imposed upon it under this clause 8 as if those representatives were bound in the same way. Each Party must advise each other Party as soon as practicably possible of any breach of any confidentiality obligations under this Agreement of which it becomes aware. A Party may disclose Confidential Information if required to do so by law or to its professional advisers, subject to the relevant adviser being bound by similar obligations of confidentiality, or if necessary, entering into an appropriate confidentiality undertaking. A Party may publish the Project IP, subject to it complying with the following: prior to any publication, the Party must provide the other Party with full details of the Project IP it proposes to publish and the nature of the publication; and the other Party must notify the first Party whether permission to publish has been granted or refused within 30 days of the request (or such other period as may be set out at Item 7 of the Schedule) (Period); and if the other Party fails to notify the first Party of its decision under clause 8.5(b) within the Period shall be deemed to have consented to the proposed publication by the first Party; and any other Party may only refuse a request to publish if, in that other Party’s reasonable opinion, the publication is likely to jeopardise: the protection of Project IP (as applicable) under any statute of monopoly; or the successful commercialisation of the Project IP by the Party with such rights, or

  • Confidentiality and Publicity 9.1 Supplier will keep the existence, nature and the content of the Agreement, Accenture Data (as defined in Section 14.1), and any other information of Accenture, confidential and not disclose it to any other person. Supplier will ensure that its personnel, contractors and agents (collectively, “Personnel”) are aware of, and have committed to, confidentiality and legal obligations with respect to such information. Supplier will not make any reference to the Agreement, its terms, business information, or use Accenture’s name, logo or trademark in any public announcements, promotions or any other communication without Accenture’s prior written consent.

  • Confidentiality and Creative Work Section 1. Non-disclosure. The Members, Managers and officers of the Company covenant and agree not to reveal to any Person any Confidential Information of any nature concerning the Company, Bank, FSFG or their Affiliates, including their business, or anything connected therewith. The Limited Members recognize that FSFG is a publicly listed company on a national securities exchange and therefore, any discussions regarding the business operations and potential sale of the Company is Confidential Information and shall be handled in accordance with policies and procedures of the Bank and FSFG.

  • Severability and Reformation If any one or more of the terms, provisions, covenants or restrictions of this Agreement shall be determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions shall remain in full force and effect, and the invalid, void or unenforceable provisions shall be deemed severable. Moreover, if any one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be reformed by limiting and reducing it to the minimum extent necessary, so as to be enforceable to the extent compatible with the applicable law as it shall then appear.

  • Access to Information and Services ..28 Section 7.01. Provision of Corporate Records......................................................28 Section 7.02. Access to Information...............................................................28 Section 7.03.

  • Responsibility and Costs All fees, expenses and out-of-pocket costs and expenses, including, without limitation, fees and disbursements of counsel, advisors and accountants, incurred by the parties hereto shall be borne solely and entirely by the party that has incurred such costs and expenses.

  • Confidentiality and Privacy The Training Provider must not, without the prior written approval of the Department, disclose (or permit the disclosure of) information regarding this VET Funding Contract (including details of the Funds being provided by the Department in respect of any individual) or any Confidential Information of the Department or the State, except: to the extent required under this VET Funding Contract; to the extent required by Law; to its solicitors, barristers and/or other professional advisors in order to obtain advice in relation to its rights under this VET Funding Contract, the Training Services or the Funds and provided such advisors are under a duty of confidentiality; to the extent necessary for the registration or recording of documents where required; and/or to the extent required in connection with legal proceedings, and then only to the extent strictly necessary for that purpose. The Training Provider acknowledges and agrees that: the Department may disclose or otherwise make available (whether to the public generally or to any particular person or group of persons) any and all information relating to the Training Provider and this VET Funding Contract (including Confidential Information of the Training Provider), including: course and qualification details; government subsidised fee information; details of the Funds paid; the contents of any surveys in which the Training Provider participates pursuant to Clause 4.5(j)(ii) or any employer surveys; any information that the Training Provider is required to publish on its website or otherwise make publicly available under this VET Funding Contract; details of any non-compliance by the Training Provider with this VET Funding Contract; any action taken by the Department under this VET Funding Contract; and findings and outcomes of any audits or reviews undertaken pursuant to this VET Funding Contract, as it considers reasonably appropriate to facilitate the proper operation of the Skills First Program, including as contemplated by Clause 12.3 of Schedule 1; the Department may disclose information referred to in paragraph (a), and any information regarding any suspected non-compliance by the Training Provider with this VET Funding Contract, for the purpose of satisfying its obligations under: the Freedom of Information Act 1982 (Vic); the Ombudsman Act 1973 (Vic); or the Audit Act 1994 (Vic); or the requirements of Parliamentary accountability or a Minister's obligations to fulfil their duties of office; and the Department may disclose information referred to in paragraph (a) or paragraph (b) to the counterparty to any Other VET Funding Arrangement, any regulator who has responsibility for issuing or monitoring compliance with the applicable registration referred to in Clause 4.1(a), or other government entity in any jurisdiction that has an interest in the regulation and funding of the VET sector. The Training Provider must take all steps and make all efforts to assist the Department in complying with any of the obligations referred to in Clause 13.2(b). The Training Provider acknowledges that it will be bound by the Information Privacy Principles and any applicable Code of Practice with respect to any act done or practice engaged in by the Training Provider under or in connection with this VET Funding Contract in the same way and to the same extent as the Department would have been bound had it been directly done or engaged in by the Department. The Training Provider must include a standard privacy notice in all enrolment forms, in accordance with the Victorian VET Student Statistical Collection Guidelines, which advises Eligible Individuals how their data may be supplied to and used by the Department and Commonwealth VET Student Loan agencies. The Training Provider must, in collecting any Personal Information for the purposes of this VET Funding Contract, ensure that it has obtained all necessary consents for: the Training Provider to collect, use, hold and disclose that Personal Information, including by disclosing it to the Department as contemplated by this VET Funding Contract (including by way of the submission of reports under Clause 12 of Schedule 1, for the purposes of complying with Record disclosure obligations under Clause 10 and in the course of any audit, review or investigation under Clause 11); and the Department to collect, use, hold and disclose that Personal Information for the purposes of this VET Funding Contract and its operation and management of the Skills First Program, in accordance with all applicable Laws, including the PDP Act, the Health Records Act and (if applicable to the Training Provider) the Privacy Act 1988 (Cth). The Training Provider must cooperate with, and provide any assistance requested by, the Department in relation to: resolving any complaint made to the Department alleging a breach of the PDP Act or the Health Records Act in relation to any Personal Information collected, used, held or disclosed by the Department that was provided to it by the Training Provider in connection with this VET Funding Contract; and providing access to or amendment of any record of Personal Information collected, used, held or disclosed in connection with this VET Funding Contract following a request from an individual made to the Department.

  • Severability and Blue Penciling To the extent that any provision of this Agreement shall be determined to be invalid or unenforceable as written, the validity and enforceability of the remainder of such provision and of this Agreement shall be unaffected. If any particular provision of this Agreement shall be adjudicated to be invalid or unenforceable, the Company and Executive specifically authorize the tribunal making such determination to edit the invalid or unenforceable provision to allow this Agreement, and the provisions thereof, to be valid and enforceable to the fullest extent allowed by law or public policy.

  • Responsibility and Control Notwithstanding any other provision of this Agreement, it is understood and agreed that the Trust reserves the right to direct, approve or disapprove any action hereunder taken on its behalf by the Subadviser, provided, however, that the Subadviser shall not be liable for any losses to the Trust resulting from the Trust’s direction, or from the Trust’s disapproval of any action proposed to be taken by the Subadviser.

  • Confidentiality and Press Releases (a) Unless required by law, rule or regulation, neither Purchaser nor Seller shall disclose the terms and conditions of this Agreement and the transactions contemplated hereby to any person or entity without the express written consent of the other party prior to the Closing; provided, however, that either party may, without consent, disclose the terms hereof and the transactions contemplated hereby (a) to its respective advisors, consultants, attorneys, accountants, investors, potential investors, lenders, potential lenders (and to the respective advisors, consultants, attorneys and accountants of their investors, potential investors, lenders, and potential lenders) (collectively, the “Transaction Parties”),without the express written consent of the other party, so long as any such Transaction Parties to whom disclosure is made shall also agree to keep all such information confidential in accordance with the terms hereof, and (b) if disclosure is required by law, regulation or legal process, provided that in such event Seller or Purchaser, as applicable, shall notify the other party in writing of such required disclosure, shall exercise commercially reasonable efforts to preserve the confidentiality of the confidential documents or information, as the case may be, including, without limitation, reasonably cooperating with the other party to obtain an appropriate order or other reliable assurance that confidential treatment will be accorded such confidential documents or information, as the case may be, by such tribunal and shall disclose only that portion of the confidential documents or information which it is legally required to disclose. The foregoing confidentiality obligations shall not apply to the extent such information is or becomes a matter of public record. In addition, prior to the Closing Date, neither Purchaser nor Seller shall issue any press releases (or other public statements) with respect to the transaction contemplated in this Agreement without approval of the other party, which approval may be withheld in its sole and absolute discretion.

Time is Money Join Law Insider Premium to draft better contracts faster.