Advance Exchange Program Clause Samples

The Advance Exchange Program clause establishes a process by which a customer receives a replacement product or part before returning the original defective item. Typically, this clause applies to warranty or service agreements, where the supplier ships a replacement unit in advance, and the customer is required to return the faulty item within a specified timeframe, often using provided shipping materials. This arrangement minimizes downtime for the customer and ensures continuity of use, addressing the problem of service interruptions caused by equipment failure.
Advance Exchange Program. Under the terms of MyImagine Care Service Agreement, Seller provides an advance exchange program (“Advance Exchange Program”). The MyImagine Care program seller targets shipment within five (5) business days and Imagine Care plus within 24 hours. Under the Advance Exchange Program, subject to the terms and conditions set forth below, Seller will ship replacement Equipment or Components, in advance, from a service center in exchange for the Customer’s defective Equipment or Components. Only Equipment or Components that are being manufactured by Seller at the time of the request and that have discrete identifiable serial numbers, that contain serialized modules that can be shipped as a complete module are eligible for the Advance Exchange Program and/or are otherwise eligible for the Advance Exchange Program (as determined by Seller in its sole discretion). Subject to availability of stock on hand, Seller will use commercially reasonable efforts to ship Advance Exchange Equipment or Components with the same model number as the defective Equipment or Components to an express carrier selected by Seller within the time period specified above, depending on the time of the Customer’s call. Seller will use commercially reasonable efforts to supply Equipment or Components from the geographical region of the Customer’s site, so as to minimize freight and duty. Seller will be responsible for all shipment charges for all replacement Equipment and Components under the Advance Exchange Program; the Customer shall be solely responsible for all other charges, including without limitation, duties, taxes, and customs clearance charges, for all replacement Equipment or Components under the Advance Exchange Program. Seller bears the risk of loss or damage while the Equipment or Component(s) is in transit to the Customer from the Seller service center, and the Customer bears the risk of loss or damage while the Equipment or Component(s) is in transit back to the Seller service center.
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Advance Exchange Program. As part of the Standard Equipment Warranty and certain Extended Warra▇▇▇ ▇▇pport Agreements, ▇▇▇▇▇▇ provides an advance exchange program (“Advance Exchange Program”). Under the Advance Exchange Program, subject to the terms and cond▇▇▇▇▇▇ set forth below, ▇▇▇▇▇▇ will ship replacement Equipment or Components, in advance, from a service center in exchange for the Customer’s defective Equipment or Components. Only Equipment or Components that ar▇ ▇▇▇▇g manufactured by ▇▇▇▇▇▇ at the time of the request and that have discrete identifiable serial numbers and/or that contain serialized modules that can be shipped as a complete module are eligible for the Advance Exchange Program. Subject to availability of stock on hand, Harris will use commercially reasonable efforts to ship Advance Exchange Equipment or Components with the same model number as the defective Equipment or Components to an express carrier selected by Harris within the time period specified in Table 10 above, depending on the time of the Customer’s call. Except as otherwise provided by this Agreement, Harris will pay delivery charges of the Advance Exchange Product or Components to the Customer, and the Customer shall pay for return shipping of the defective Equipment or Components to ▇▇▇▇▇▇. ▇▇▇▇▇▇ will use commercially reasonable efforts to supply Equipment or Components from the geographical region of the Customer’s site, so as to minimize freight and duty, however, in some cases, Equipment or Components may be shipped from another country, in which case, unless otherwise agreed in writing, the Customer shall be solely responsible for customs clearance for all replacement Equipment or Components under the Advance Exchange Program. Harris bears the risk of loss or damage while the Equipment or Component(s) is in transit to the Customer from the ▇▇▇▇▇▇ service center, and the Customer bears the risk of loss or damage while the Equipment or Component(s) is in transit back to the ▇▇▇▇▇▇ service center.
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Related to Advance Exchange Program

  • Consideration Exchange Procedures 3.01 Consideration; Effect on Capital Stock of aaiPharma and S MergerCo. At the Effective Time, by virtue of the aaiPharma Merger and without any action on the part of aaiPharma, Holding Company, S MergerCo or any holder of aaiPharma Common Stock, HoldCo Common Stock or S MergerCo Common Stock: (a) Each share of aaiPharma Common Stock issued and outstanding immediately prior to the Effective Time (other than shares of aaiPharma Common Stock held by aaiPharma or owned by CIMA, Holding Company, S MergerCo or C MergerCo, all of which shall be canceled as provided in Section 3.01(b)) shall be converted into the right to receive one (1) (the "aaiPharma Exchange Ratio") validly issued, fully paid and non-assessable share of HoldCo Common Stock (together with any cash in lieu of fractional shares of HoldCo Common Stock to be paid pursuant to Section 3.08, the "aaiPharma Merger Consideration"). (b) Each share of aaiPharma Common Stock held by aaiPharma or owned by Holding Company, CIMA, S MergerCo or C MergerCo immediately prior to the Effective Time shall, by virtue of the aaiPharma Merger, cease to be outstanding and shall be canceled, and no HoldCo Common Stock or other consideration shall be delivered in exchange therefor. (c) All shares of aaiPharma Common Stock outstanding immediately prior to the Effective Time shall cease to be outstanding and shall be canceled and shall cease to exist, and each holder of a certificate or certificates which immediately prior to the Effective Time represented any such shares of aaiPharma Common Stock ("aaiPharma Certificates") shall thereafter cease to have any rights with respect to such shares of aaiPharma Common Stock, except as provided herein or by Law, and each aaiPharma Certificate previously representing such shares shall thereafter represent the right to receive the aaiPharma Merger Consideration payable in respect of such shares of aaiPharma Common Stock and any dividends or other distributions to which such holder is entitled to pursuant to Section 3.06. (d) Each share of S MergerCo Common Stock issued and outstanding immediately prior to the Effective Time shall be converted into one validly issued, fully paid and non-assessable share of common stock, par value $0.001 per share, of aaiPharma Surviving Corporation. 3.02 Consideration; Effect on Capital Stock of CIMA and C MergerCo. At the Effective Time, by virtue of the CIMA Merger and without any action on the part of CIMA, Holding Company, C MergerCo or any holder of CIMA Common Stock, HoldCo Common Stock or C MergerCo Common Stock: (a) Each share of CIMA Common Stock issued and outstanding immediately prior to the Effective Time (other than shares of CIMA Common Stock held by CIMA or owned by aaiPharma, Holding Company, S MergerCo or C MergerCo, all of which shall be canceled as provided in Section 3.02(b)) shall be converted into the right to receive 1.3657 (the "CIMA Exchange Ratio") validly issued, fully paid and non-assessable shares of HoldCo Common Stock (together with any cash in lieu of fractional shares of HoldCo Common Stock to be paid pursuant to Section 3.08, the "CIMA Merger Consideration"). (b) Each share of CIMA Common Stock held by CIMA or owned by Holding Company, aaiPharma, S MergerCo or C MergerCo immediately prior to the Effective Time shall, by virtue of the CIMA Merger, cease to be outstanding and shall be canceled, and no HoldCo Common Stock or other consideration shall be delivered in exchange therefor. (c) All shares of CIMA Common Stock outstanding immediately prior to the Effective Time shall cease to be outstanding and shall be canceled and shall cease to exist, and each holder of a certificate or certificates which immediately prior to the Effective Time represented any such shares of CIMA Common Stock ("CIMA Certificates") shall thereafter cease to have any rights with respect to such shares of CIMA Common Stock, except as provided herein or by Law, and each CIMA Certificate previously representing such shares shall thereafter represent the right to receive the CIMA Merger Consideration payable in respect of such shares of CIMA Common Stock and any dividends or other distributions to which such holder is entitled to pursuant to Section 3.06. (d) Each share of C MergerCo Common Stock issued and outstanding immediately prior to the Effective Time shall be converted into one validly issued, fully paid and non-assessable share of common stock, par value $0.01 per share, of CIMA Surviving Corporation.

  • Merger Consideration Exchange Procedures Merger Consideration 13 Section 3.2 Rights As Unitholders; Unit Transfers 14 Section 3.3 Exchange of Certificates 14 Section 3.4 Anti-Dilution Provisions 18 Section 3.5 Midstream LTIP Restricted Common Units and Phantom Units 18 Section 3.6 Tax Characterization of Merger 19

  • Optional element Which of the parties will be the beneficiary of this limitation of liability?

  • Unbundled Network Element Combinations 5.1. Unbundled Network Element Combinations shall include: 1) Enhanced Extended Links (EELs); 2) UNE Loops/Special Access Combinations; 3) Loop/Port Combinations; and 4)

  • System for Award Management (▇▇▇) Requirement Alongside a signed copy of this Agreement, Grantee will provide Florida Housing with a ▇▇▇.▇▇▇ proof of registration and Commercial and Government Entity (CAGE) number. Grantee will continue to maintain an active ▇▇▇ registration with current information at all times during which it has an active award under this Agreement.