Defective or Non-Conforming Goods or Services Sample Clauses

Defective or Non-Conforming Goods or Services. In the event of Seller's delivery of defective or nonconforming Goods or Services, Buyer may, at its election and in addition to other rights or remedies available at law or equity: (a) return the Goods at Seller's risk and expense and recover from Seller the price paid therefore; (b) accept the Goods or Services and equitably reduce the price; (c) require Seller at its risk and expense to promptly replace or correct the defective materials or Services; or (d) obtain the Goods or Services from another source with any excess cost resulting therefrom chargeable to Seller. Delivery; Time of Essence Time of delivery is of the essence of this Agreement. Seller shall ship and deliver all Goods in accordance with Buyer’s instructions or, absent such instruction, in accordance with other commercially reasonable methods. Seller covenants and agrees to perform its obligations in strict accordance with all production and delivery schedules appearing on the face of this Agreement. The due date noted on the purchase order is the date that the Good or Service must be received at the Buyer’s location. Delivery Instructions Seller shall ship the quantity specified on the purchase order. Any over- shipments or unauthorized shipments maybe returned by the Buyer to the Seller at the Seller’s expense. Unless otherwise stated on the face of the purchase order, all Goods and Services are to be shipped and provided freight prepaid, FOB Destination. When shipping Goods or items, Seller must provide a "packing list" with each shipment. The "packing list" must include the Buyer’s purchase order number, purchase order line item number, description of item shipped and quantity of the item shipped. Title and Risk of Loss Unless otherwise specifically set forth on the face of Buyer’s purchase order, all right, title and interest in and to the Goods which are the subject of this Agreement shall pass to Buyer upon inspection and acceptance by Buyer. Seller shall bear the risk of loss for all Goods at all times prior to the passage of title to Buyer. Seller warrants that Good marketable title to all Goods shall pass to Buyer free and clear of any liens, encumbrances or charges, and Seller shall indemnify Buyer from and against all damage or loss, including attorney’s fee, arising out of any breach of this warranty of title. Insurance Seller will maintain worker’s compensation insurance as prescribed by applicable law, employers liability, comprehensive general liability, including contrac...
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Defective or Non-Conforming Goods or Services. In the event of Seller's delivery of defective or nonconforming Goods or Services, Buyer may, at its election and in addition to other rights or remedies available at law or equity: (a) return the Goods at Seller's risk and expense and recover from Seller the price paid therefore; (b) accept the Goods or Services and equitably reduce the price; (c) require Seller at its risk and expense to promptly replace or correct the defective materials or Services; or (d) obtain the Goods or Services from another source with any excess cost resulting therefrom chargeable to Seller.
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Defective or Non-Conforming Goods or Services. 8.1 If any of the Goods or the Services fail to meet the Seller’s Warranties or are otherwise defective or non-conforming in any respect, Seller shall, upon notice thereof from Buyer at any time, promptly repair, replace or otherwise satisfactorily deal with the same in a manner acceptable to Buyer, all at Seller’s expense and without limiting or affecting Buyer’s other rights or remedies available hereunder or at law. The Seller’s Warranties shall also apply to such repaired, replaced or otherwise satisfactorily dealt with Goods or Services. If the Seller fails to repair, replace or otherwise deal with any defective or non-conforming Goods or Services in a manner acceptable to Buyer, Buyer may, without limiting or affecting Buyer’s other rights or remedies available hereunder or at law, cancel this Order as to the particular Goods or Services and/or cancel the then remaining balance of this Order. After notice to Seller, all defective or non-conforming Goods shall be held at Seller’s risk. Buyer may, and at Seller’s direction shall, return such defective or non-conforming Goods to Seller at Seller’s risk and Seller shall promptly pay, upon Buyer’s demand, all transportation and other applicable charges, both to and from the original destination. Any payment made by Buyer for defective or non- conforming Goods or Services shall be refunded by Seller, except to the extent that Seller promptly replaces or corrects the same at Seller’s expense. None of Buyer, its subsidiaries or affiliates, or their respective successors, assigns, representatives, employees, agents or customers shall be liable for any liabilities, claims, demands, costs, damages or expenses of any kind or nature (including personal injury, property damage, consequential or special damages) arising from or as a result of improper, unsafe or defective materials, workmanship or design or the Goods or Services.
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Defective or Non-Conforming Goods or Services. (a) If any of the Goods or the Services fail to meet the Seller’s Warranties or Buyer’s complete specifications in their entirety, Seller shall, upon notice thereof from Buyer at any time, promptly repair, replace or otherwise satisfactorily deal with the same in a manner acceptable to Buyer, all at Seller’s expense and without limiting or affecting Buyer’s other rights or remedies available hereunder or at law. The Seller’s Warranties shall also apply to such repaired, replaced or otherwise satisfactorily dealt with the Goods or the Services.
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Defective or Non-Conforming Goods or Services. If LinkedIn rejects defective Goods, LinkedIn will have a security interest in the defective Goods in the amount which LinkedIn pre-paid for the defective Goods. If LinkedIn accepts the Goods or Services, then justifiably finds a nonconformity in the Goods or Services, you will be liable to LinkedIn for losses resulting in the ordinary course. If LinkedIn rejects the Goods or Services due to their failure to conform to warranty, you will be liable to LinkedIn for: (a) the value of the Goods or Services, if they had been conforming, at the time and place of acceptance, less (b) the value of the non-conforming Goods or Services at the time and place of acceptance.
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Defective or Non-Conforming Goods or Services. (a) Correction of Defective OR NON-CONFORMING GOODS OR SERVICES Before Final Acceptance. FFT may reject any or all parts of Defective GOODS OR SERVICES. Rejection by FFT of any or all parts of Defective Goods and Services shall be final and binding. Such Defective Goods and Services shall be promptly corrected or replaced by Seller at Seller's expense. If Seller fails to commence and diligently continue correction or replacement of such Defective Goods and Services immediately after receipt of written notice from FFT to correct or replace the Defective Goods and Services, FFT may, at its option, remove and replace the Defective Goods and Services, and Seller shall reimburse FFT within ten (10) days of receipt of FFT's invoice for the costs of such removal and replacement of Defective Goods and Services.
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Defective or Non-Conforming Goods or Services. In the event of Seller's delivery of defective or nonconforming Goods or Services, Buyer may, at its election and in addition to other rights or remedies available at law or equity: (a) return the Goods at Seller's risk and expense and recover from Seller the price paid therefore; (b) accept the Goods or Services and equitably reduce the price; (c) require Seller at its risk and expense to promptly replace or correct the defective Goods or Services; or (d) obtain the Goods or Services from another source with any excess cost resulting therefrom chargeable to Seller. At Buyer’s request, Seller will correct any defects or deficiencies in its Goods or Services as soon as possible at no additional charge, and those corrections will be subject to acceptance or rejection by Xxxxx. If Buyer reasonably believes that the provision of Goods or Services has been so deficient that timely and proper correction is not feasible, Buyer may (in addition to any other legal or equitable remedies available) immediately terminate the applicable Services and Goods or Purchase Order in whole or in part and/or remedy the deficiency itself (or utilize a third party to do so) and charge the Seller with the cost of correction. If applicable, such costs shall include removal, re-installation, and manufacturing value-added costs (such as machining), including labor, access and shipping costs. The Goods or Services provided under the Goods and Services warranty shall be warranted for a period of twelve (12) months after being placed in service by Buyer or twenty- four (24) months from the date of acceptance by Xxxxx, whichever period is longer.
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Related to Defective or Non-Conforming Goods or Services

  • ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK 13.3.1 The State may accept defective or nonconforming Work pursuant to Paragraph 13.2.1

  • Inspection and Rejection of Nonconforming Goods (a) Buyer shall inspect the goods within five days of receipt (“Inspection Period”). Xxxxx will be deemed to have accepted the goods unless it notifies Seller in writing of any Nonconforming Goods during the Inspection Period and furnishes documentation reasonably required by Seller. “

  • ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES If, instead of requiring immediate correction or removal and replacement of defective or non- conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City’s evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor.

  • Defective Equipment Provided that you are in compliance with all terms and conditions of this Agreement, while you receive Internet Service under this Agreement, Viasat will, at no additional charge to you, replace Equipment you lease from Viasat that Viasat, in its sole discretion, determines to be defective (“Defective Equipment”). Defective Equipment replacement under this Section 4 expressly excludes charges for home service calls and for damage to, or misuse of, the Equipment. For the first 90 days after initial activation of your Internet Service, Viasat will waive its standard service call charge if Viasat makes a service call. After the first 90 days following initial activation of your Internet Service, Viasat’s standard service call charge shall apply to all service calls by Viasat. You shall notify us promptly of any defect in, damage to, or accident involving your leased Equipment by calling 0-000-000-0000. All maintenance and repair of Equipment shall be performed by us or our designee(s). Viasat may charge you for any repairs that are necessitated by any damage to, or misuse of, the Equipment.

  • All new supplies equipment and services shall include manufacturer's minimum standard warranty unless otherwise agreed to in writing. Vendor shall be legally permitted to sell all products offered for sale to TIPS Members. All goods proposed and sold shall be new unless clearly stated in writing. Customer Support The Vendor shall provide timely and accurate customer support for orders to TIPS Members as agreed by the Parties. Vendors shall respond to such requests within a commercially reasonable time after receipt of the request. If support andƒor training is a line item sold or packaged with a sale, support shall be as agreed with the TIPS Member. Agreements Agreements for purchase will normally be put into effect by means of a purchase order(s) executed by authorized agents of the TIPS Member participating government entities, but other means of placing an order may be used at the Member’s discretion. Tax exempt status Most TIPS Members are tax exempt and the related laws andƒor regulations of the controlling jurisdiction(s) of the TIPS Member shall apply. Assignments of Agreements No assignment of Agreement may be made without the prior notification of TIPS. Written approval of TIPS shall not be unreasonably withheld. Payment for delivered goods and services can only be made to the awarded Vendor, Vendor designated reseller or vendor assigned company.

  • Nonconforming Work 23.1.1 Developer shall promptly remove from Premises all Work identified by District as failing to conform to the Contract Documents whether incorporated or not. Developer shall promptly replace and re-execute its own Work to comply with the Contract Documents without additional expense to the District and shall bear the expense of making good all work of other contractors destroyed or damaged by any removal or replacement pursuant hereto and/or any delays to the District or other contractors caused thereby.

  • ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

  • Penalties for non-conformity of production 9.1. The approval granted in respect of a vehicle type pursuant to this Regulation may be withdrawn if the requirements set forth above are not met.

  • EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

  • Prescription Drugs and Diabetic Equipment or Supplies Biological products for allergen immunotherapy and vaccinations. • Blood fractions. • Compound prescription drugs that are not made up of at least one legend drug. • Bulk powders and chemicals used in compound prescriptions that are not FDA approved, are not covered unless listed on our formulary. • Prescription drugs prescribed or dispensed outside of our dispensing guidelines. • Prescription drugs ordered or prescribed based solely on online questionnaires, telephonic interviews, surveys, emails, or any other marketing solicitation methods, whether alone or in combination. • Prescription drugs that have not proven effective according to the FDA. • Prescription drugs used for cosmetic purposes. • Prescription drugs purchased from a non-designated pharmacy, if a pharmacy has been designated for you through the Pharmacy Home Assignment program. • Experimental prescription drugs including those placed on notice of opportunity hearing status by the Federal Drug Efficacy Study Implementation (DESI). • Prescription drugs provided to you that are not dispensed by a network pharmacy or covered under your medical plan. • Prescription drugs and diabetic equipment and supplies purchased at a non-network pharmacy unless indicated as covered in the Summary of Pharmacy Benefits. • Prescription drug related medical supplies except for diabetic, regardless of the reason prescribed, the intended use, or medical necessity. Examples include, but are not limited to, alcohol pads, bandages, wraps or pill holders. • Off-label use of prescription drugs except as described in Experimental or Investigational Services in Section 3; • Prescribed weight-loss drugs. • Replacement of prescription drugs resulting from a lost, stolen, broken or destroyed prescription order or refill. • Therapeutic devices and appliances, including hypodermic needles and syringes except when used to administer insulin. • Prescription drugs, therapeutic equivalents, or any other pharmaceuticals used to treat sexual dysfunctions. • Vitamins, unless specifically listed as a covered healthcare service. • A prescription drug refill greater than the refill number authorized by your physician, more than a year from the date of the original prescription, or limited by law. • Long acting opioids and other controlled substances, nicotine replacement therapy, and specialty prescription drugs when purchased from a mail order pharmacy. • Prescription drugs and specialty prescription drugs when the required prescription drug preauthorization is not obtained. • Certain prescription drugs that have an over-the-counter (OTC) equivalent. • Prescriptions filled through an internet pharmacy that is not a verified internet pharmacy practice site certified by the National Association of Boards of Pharmacy. • Illegal drugs, including medical marijuana, which are dispensed in violation of state and/or federal law. Private Duty Nursing Services • Services of a nurse's aide. • Services of a private duty nurse: o when the primary duties are limited to bathing, feeding, exercising, homemaking, giving oral medications or acting as companion or sitter; o after the caregiver or patient have demonstrated the ability to carry out the plan of care; o provided outside the home. Examples include at school, or in a nursing or assisted living facility; o that are duplication or overlap of services. Examples include when a person is receiving hospice care services or for the same hours of a skilled nursing home care visit; o that are for observation only; and o provided as part-time/intermittent and not continuous care. • Maintenance care when the condition has stabilized including routine ostomy care or tube feeding administration or if the anticipated need is indefinite. • Twenty-four (24) hour private duty nursing care for a person without an available caregiver in the home. • Respite care (e.g., care during a caregiver vacation) or private duty nursing so that the caregiver may attend work or school. Surgery Services • Abdominoplasty. • Brow ptosis surgery. • Cervicoplasty. • Chemical exfoliations, peels, abrasions, dermabrasions, or planing for acne, scarring, wrinkling, sun damage or other benign conditions. • Correction of variations in normal anatomy including augmentation mammoplasty, mastopexy, and correction of congenital breast asymmetry. • Dermabrasion. • Ear piercing or repair of a torn earlobe. • Excision of excess skin or subcutaneous tissue except for panniculectomy. • Genioplasty. • Hair transplants. • Hair removal including electrolysis epilation, unless in relation to gender reassignment services or skin grafting. • Inverted nipple surgery. • Laser treatment for acne and acne scars. • Osteoplasty - facial bone reduction. • Otoplasty. • Procedures to correct visual acuity including but not limited to cornea surgery or lens implants. • Removal of asymptomatic benign skin lesions. • Repeated cauterizations or electrofulguration methods used to remove growths on the skin. • Rhinoplasty.

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