Equipment and Parts. (08/19) Contractor warrants that Equipment and parts will be new, the latest model (or the one that meets the City’s Specifications), and be free from Defects in design, material and workmanship. If Contractor proposes to provide refurbished, reclaimed or remanufactured parts or Equipment to the City, Contractor shall request the City’s approval in writing in advance of delivery of Goods and the City retains the right to approve or refuse Contractor’s use of refurbished, reclaimed, or remanufactured parts. If the City approves the use of refurbished, reclaimed, or remanufactured parts or Equipment, Contractor warrants such Equipment have the same warranty as that of new and current Equipment and are subject to all the same provisions of this Contract. If Contractor uses refurbished, reclaimed, or remanufactured parts without the prior approval required by the City, Contractor may be required, at the City’s sole discretion, to replace such parts and Equipment with new and current manufactured parts and Equipment at Contractor’s sole expense.
Equipment and Parts. Except as provided by the Transaction Documents, and to or in favour of the applicable Obligor, AGCO Iberia shall not, and shall not purport to, sell or otherwise transfer or dispose of, or grant any option with respect to, or create or suffer to exist any Adverse Claim upon or with respect to any Equipment or Parts and AGCO Iberia shall take all reasonable steps within its power to defend the right, title and interest of the Company in, to and under any of the foregoing property, against all claims of third parties claiming through or under AGCO Iberia.
Equipment and Parts. 7.1 Where Ocean Telecom diagnoses that the fault is in connection with the Equipment, and replacement parts and/or manufacturer support is required, Ocean Telecom will do one or both of the following:
Equipment and Parts. (a) The Parties agree that no change parts or modifications to the Lehigh Valley Brewery are necessary for the production of the current volume of Products in their current package configurations and liquid specifications, as specified in Schedule A, in volumes consistent with the volumes produced while the Lehigh Valley Brewery was operated entirely by Diageo [ * ].
Equipment and Parts. (09/17) Contractor warrants that Equipment and parts will be new, the latest model, and free from Errors in material and workmanship. If Contractor proposes to provide refurbished, reclaimed or remanufactured parts or Equipment to the City, Contractor shall request the City’s approval in writing in advance of Delivery of Products and the City retains the right to approve or refuse Contractor’s use of refurbished, reclaimed, or remanufactured parts. If the City approves the use of refurbished, reclaimed, or remanufactured parts or Equipment, Contractor warrants such Equipment have the same warranty as that of new and current Equipment and are subject to all the same provisions of this Contract. If Contractor uses refurbished, reclaimed, or remanufactured parts without the prior approval required by the City, Contractor may be required, at the City’s sole discretion, to replace such parts and Equipment with new and current manufactured parts and Equipment at Contractor’s sole expense.
Equipment and Parts. There will be no percentage markup increase during the term of the Contract. Item #4 – Surcharge for Lift Equipment: Surcharge Percentage will remain firm for the term of the Contract. During this period, the Contractor may submit a request in writing to DAS for a price adjustment that is consistent with and relative to price changes originating with and compelled by manufacturer and/or market trends and which changes are outside of the Contractor’s control. The Contractor must fully document its request, attaching to the request, without limitation, such manufacturer and market data, as support the requested adjustment. DAS may, in its sole discretion, approve or disapprove the requested adjustment, in whole or in part. Any approved adjustment shall be final and shall remain unchanged.
Equipment and Parts. All of the tools, equipment and parts required by Contractor for the performance of the Works other than items provided by the Company, if any, detailed in the Technical Specifications. 2.8
