Equipment Quality Warranty and Determination Sample Clauses

Equipment Quality Warranty and Determination. Supplier represents and warrants to Customer that all Equipment delivered to Customer under this Agreement will meet the Specification stated in Appendix #1 to the Agreement commencing on Delivery to Customer. The final inspection of the Equipment will take place by Customer within sixty (60) calendar days after the Delivery of the Equipment. 4.5.3. If the Delivered Equipment does not meet the Specification stated in Appendix #1 to the Agreement: (1) Customer shall notify Supplier of non-compliance of the Equipment with the Specification stated in Appendix #1 to the Agreement, (2) Supplier shall have the right to undertake its own inspection within ten (10) Business days from the date after Supplier received Customer’s notification. Customer shall make available for inspection by Supplier the entire quantity of the Equipment in respect of which it has brought a quality complaint, (3) If the results of Supplier’s inspection establish that the quality of the Equipment is in accordance with the Specification the Parties will request any of the third party inspector identified in Appendix #1 to conduct control inspection of the Shipment of the Equipment. The results obtained by any of the third party inspector identified in Appendix #1 will be binding as to quality in the absence of fraud or manifest error. If the inspection results confirm deviation of the quality of the Equipments from the Equipment Specification set out in Appendix #1, (i) Customer will have the right to reject Delivery of the Equipment and (ii) Supplier shall be liable for the cost of inspection. Any time taken to inspect the Equipment by any of the third party inspector identified in Appendix #1 will count as delay for the purposes of calculating liquidated damages in case the inspection results confirm deviation of the quality of the Equipments from the Equipment Specification set out in Appendix #1. 4.5.4. In the event that Delivery of the Equipment is rejected by Customer in accordance with Section 4.5.3., Supplier shall replace the off-specification Equipment. Any delay in Delivery of the Equipment beyond the Delivery Date occasioned thereby shall be dealt with in accordance with Section 4.3. 4.5.5. The quantity of Equipment recorded in the carrier’s certificate, receipt issued by the carrier or any other transportation document issued by the Customer’s carrier shall, in the absence of error or fraud, be final and irrebuttable evidence of the actual quantity of the Equipment delivered...
Sample 1
AutoNDA by SimpleDocs

Related to Equipment Quality Warranty and Determination

  • DRUG ABUSE DETECTION AND DETERRENCE 2.18.1 It is the policy of the City to achieve a drug-free workforce and workplace. The manufacture, distribution, dispensation, possession, sale, or use of illegal drugs or alcohol by contractors while on City Premises is prohibited. Contractor shall comply with all the requirements and procedures set forth in the Mayor’s Drug Abuse Detection and Deterrence Procedures for Contractors, Executive Order No. 1-31 (the “Executive Order”), which is incorporated into this Agreement and is on file in the City Secretary’s Office.

  • Calculations and determinations The Calculation Agent shall in respect of each Series of Notes in relation to which it is appointed as such:

  • Certificates and determinations Any certification or determination by a Finance Party of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

  • FRAUD PREVENTION AND DETECTION You agree to maintain appropriate security controls and procedures to prevent and detect thefts of Instruments, or losses due to fraud or forgery involving Instruments, or fraudulent or unauthorized Transactions. You agree to diligently supervise and monitor the conduct and work of all agents and employees having any role in the preparation of Your Instruments or conduct of Transactions, Your reconciliation of the statement of account for the Account, or other banking functions.

  • OPINIONS AND DETERMINATIONS Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.

  • WARRANTY/QUALITY Unless a longer warranty is called for elsewhere in the Contract, Contractor, manufacturer, or their assigned agents shall guarantee the workmanship, product or Services performed against defective workmanship, defects or failures of materials for a minimum period of one (1) year from District’s written approval of the Work. All workmanship and merchandise must be warranted to be in compliance with applicable California energy, conservation, environmental, and educational standards.

  • Data Quality 4.1 Each party ensures that the shared Personal Data is accurate.

  • Accounting Terms and Determinations Unless otherwise specified herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP.

  • Certification of Meeting or Exceeding Tobacco-Free Workplace Policy Minimum Standards A. Grantee certifies that it has adopted and enforces a Tobacco-Free Workplace Policy that meets or exceeds all of the following minimum standards of:

  • Minimum Site Requirements for TIPS Sales (when applicable to TIPS Sale). Cleanup: When performing work on site at a TIPS Member’s property, Vendor shall clean up and remove all debris and rubbish resulting from their work as required or directed by the TIPS Member or as agreed by the parties. Upon completion of work, the premises shall be left in good repair and an orderly, neat, clean and unobstructed condition. Preparation: Vendor shall not begin a project for which a TIPS Member has not prepared the site, unless Vendor does the preparation work at no cost, or until TIPS Member includes the cost of site preparation in the TIPS Sale Site preparation includes, but is not limited to: moving furniture, installing wiring for networks or power, and similar pre‐installation requirements. Registered Sex Offender Restrictions: For work to be performed at schools, Vendor agrees that no employee of Vendor or a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are, or reasonably expected to be, present unless otherwise agreed by the TIPS Member. Vendor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of the TIPS Sale at the TIPS Member’s discretion. Vendor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge. Safety Measures: Vendor shall take all reasonable precautions for the safety of employees on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Vendor shall post warning signs against all hazards created by the operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage. Smoking: Persons working under Agreement shall adhere to the TIPS Member’s or local smoking statutes, codes, ordinances, and policies.

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