Engineering Change Orders Clause Examples for Any Agreement

Engineering Change Orders. Supplier reserves the right to make substitutions and modifications in the specifications and design of any Standard Products that do not materially, adversely affect form, fit or function. Substitutions and modifications do not create or imply any obligation to make substitutions or modifications to any Standard Products previously provided.

Engineering Change Orders. Any engineering change order (“ECO”) must be made in writing, signed and dated by the Customer. Arrow will acknowledge the ECO and will reply with an effective date. The Customer will remain liable for any unused NC/NR inventory affected by an ECO, including any WIP or any Parts on open order, which cannot be returned to the manufacturer, in support of the Forecast.

Engineering Change Orders. “ECO”) (a) SMC may request, in writing, that ABLECOM incorporates engineering changes into the Product and ABLECOM shall execute an ECO or an ECN accordingly. However, if such an ECO will incur additional cost, ABLECOM shall submit to SMC a written estimate that states the cost, time of implementation and the impact on the delivery schedule and pricing within three (3) working days after ABLECOM provides an ECR to SMC. (b) ABLECOM shall carry out ECO or ECN immediately after receipt of ECR from SMC. Where ECO and ECN are issued under reasonable cost and arrangement, SMC shall be liable for all excess inventory provided that ABLECOM notifies SMC of such excess inventory within three (3) weeks of the ECR. (c) If ABLECOM makes any change without an ECO or ECN from SMC, SMC has the right to reject the Product and ABLECOM will be liable for all costs and damages. (d) If SMC requests that ABLECOM deliver the Products without any ECR, ECO or ECN, SMC shall be liable for and agree to pay all the costs and expenses, such as, but are not limited to, rework and transportation cost.

Engineering Change Orders. McDATA shall provide its Specification(s) and may provide McDATA Process Documentation to SUPPLIER for existing Products. SUPPLIER shall provide to McDATA an ECO Project Plan for Engineering Change Orders (Section 4.6) including without limitation feedback, material and manufacture risk assessment, and suggested improvements in writing as to the Manufacturability of such Engineering Change Orders (ECO). Upon McDATA’s review of such ECO Project Plan submitted by SUPPLIER, and upon mutual agreement and written authorization by McDATA, SUPPLIER shall commence production of the Products implementing the ECO or continue production without implementing such ECO. In the event McDATA instructs SUPPLIER to commence production implementing such ECO prior to mutual agreement of such ECO Project Plan, such commencement does not indicate SUPPLIER’s agreement as to the Manufacturability of such ECO design. If SUPPLIER commences production prior to mutual agreement and/or McDATA’s specific instructions to commence or continue production, and McDATA rejects the finished Product when delivered to McDATA, then SUPPLIER shall bear the production costs associated with that production run. McDATA’s failure to reject such Product shall not invalidate SUPPLIER’s warranty obligations hereunder.

Engineering Change Orders. 7.1 Sycamore may by written notice initiate an ECO regarding components or Specifications by documenting and transmitting the proposed change to Supplier’s Coordinator, who shall acknowledge receipt. Supplier shall use all commercially reasonable efforts to provide a detailed response, including the amount of change in costs resulting therefrom, within five (5) business days of receipt of such change notice. In no event shall Supplier provide such response later than ten (10) business days after receipt of such notice. Sycamore will not be liable for any costs or expenses not covered in the detailed ECO response. 7.2 Supplier shall use its reasonable best efforts to implement an ECO as soon as possible. Neither party shall unreasonably withhold or delay agreement to an ECO and the parties will endeavor to agree and implement, at the earliest opportunity, change notices relating to personal and product safety or conformance to existing Specifications. 7.3 Until the parties have agreed in writing upon an ECO and any associated impact, the parties shall continue to perform their obligations under this Agreement without implementing the ECO. Notwithstanding the above, if such notice indicates that a change is required due to safety reasons, Supplier shall not continue to manufacture any affected Products without the prior written consent of Sycamore until the parties have implemented the change notice. 7.4 Supplier shall charge Sycamore a one time processing fee to cover the administrative cost to implement the ECO. Additional charges, if any, shall be as set out in Exhibit B or as otherwise agreed to by the parties in writing.

Engineering Change Orders. Engineering changes suggested by KMC in the ordinary course of production shall be distinguished from the redesign work described in subsections (a) through (e), above. The manufacturing quality plan to be prepared by KMC and approved by Gen-Probe will establish a process for prompt evaluation and implementation of engineering changes in the course of production through means of Engineering Change Orders ("ECOs"). All ECOs must be approved by Gen-Probe in writing. It is the intent of the parties that the ECO process be one which permits expedited response to the circumstances giving rise to the ECO. Gen-Probe recognizes that the ECO process may require changes in nonrecurring engineering charges, production schedules and/or material costs and the Transfer Price of the Instrument.

Engineering Change Orders. Blue Coat may change the Specifications for a Product at any time. In the event that Blue Coat makes such changes, Blue Coat shall issue an engineering change order in writing to Synnex specifying the change in design, manufacturing process or installation and engineering specifications (“Engineering Change Order”). Within five (5) days of receipt of an Engineering Change Order, Synnex shall provide a written acknowledgement (“Acknowledgement”), including a proposed schedule to implement such changes or additions, an estimate of the cost to implement such changes or additions and the costs associated with the Obsolete Components. Blue Coat shall review such proposed schedule and estimates and either accept or reject the Acknowledgement. If Blue Coat accepts the Acknowledgement, Blue Coat shall pay Synnex the amounts specified in the Acknowledgement. Notwithstanding the above, Blue Coat shall not be responsible for reimbursing Synnex for Obsolete Components that were purchased outside of the Total Lead Time necessary to meet the Forecasts (defined below).

Engineering Change Orders. If MLTC desires to change the ------------------------- Specifications as necessitated by its commercially reasonable requirements, it will give ASIP notice of the desired changes. The parties will negotiate in good faith the amount of any increased cost or delay in the Development Schedule due to any such change to the Specifications as set forth herein. If the request by MLTC will cause the estimated expense to exceed the limits of Section 4.1 the parties will negotiate in good faith to either increase the limit or moderate the request. If the request by MLTC will cause the estimated time to completion of development of the Devices to exceed the aggregate time period for the development of the Devices as set forth in the Development Schedule, the parties will negotiate in good faith to either increase the time limit or moderate the request. If such an agreement cannot be reached, either with respect to the increase in price or extension of time, neither party will be in default of this Agreement. Any changes to the Specifications will be evidenced in writing by the mutual approval of the parties.

Engineering Change Orders. “ECOs” 7.1 RME will not make any changes to the Specifications without DAC written authorization. 7.2 If DAC issues a written Engineering Change Order (“ECO”) to the Specifications, RME will apply such ECO to the relevant Products for all subsequent deliveries. 7.3 DAC will be responsible to RME for the cost of components specific to DAC products made obsolete as a consequence of an ECO. If components affected by ECO are already assembled into product, DAC will accept those products already manufactured. 7.4 RME will use its reasonable endeavours to mitigate such cost. All such costs shall be agreed prior to implementation of the ECO. 7.5 RME may request changes to the Specification (“ECR”). ECRs will be accompanied by an evaluation of cost impact and all other relevant data. ECRs will not be binding on DAC until expressly accepted in writing by DAC as an ECO.