Lemon Clause Sample Clauses

A Lemon Clause is a contractual provision that addresses the situation where a purchased product, typically a vehicle or other significant consumer good, is found to be defective or fails to meet quality and performance standards. This clause outlines the buyer's rights and remedies, such as repair, replacement, or refund, if the product repeatedly malfunctions or cannot be fixed after a reasonable number of attempts. Its core practical function is to protect consumers from being stuck with faulty products and to ensure that sellers are accountable for providing goods that meet agreed-upon standards.
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Lemon Clause. 10.12.1 This clause shall apply to all Devices that are purchased, leased, or rented under the Contractor’s Master Agreement. 10.12.2 This clause shall not apply if Supplies are used in the Devices that were not manufactured, provided, or authorized by the Contractor. 10.12.3 The application period is thirty-six (36) months from the date of Acceptance. 10.12.4 This clause shall take precedence over any other warranty or Services clauses associated with the Contractor’s Master Agreement, or as specified by a Participating State or Entity in their Participating Addendum. 10.12.5 A Purchasing Entity must maintain an uninterrupted Maintenance Agreement on all purchased Devices in order for this clause to apply past the initial ninety (90) day warranty. 10.12.6 Any Device that fails (except due to operator error) to function in accordance with the Manufacturer’s published performance specifications, four (4) times in any four
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Lemon Clause. 10.12.1 This clause shall apply to all Devices that are purchased, leased, or rented under the Contractor’s Master Agreement. 10.12.2 This clause shall not apply if (a) Supplies or parts are used in the Devices that were not manufactured, provided, or authorized by the Contractor, (b) Service was provided by someone other than Contractor or their Authorized Dealer, or (c) The Device has been subject to abuse or neglect by Purchasing Entity. 10.12.3 The application period is thirty-six (36) months from the date of Acceptance. 10.12.4 This clause shall take precedence over any other warranty or Services clauses associated with the Contractor’s Master Agreement, or as specified by a Participating State or Entity in their Participating Addendum. 10.12.5 A Purchasing Entity must maintain an uninterrupted Maintenance Agreement on all purchased Devices in order for this clause to apply past the initial ninety (90) day warranty. 10.12.6 Any Device that fails (except due to operator error) to function in accordance with the Manufacturer’s published performance specifications, four (4) times in any four
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Lemon Clause. 2.5.1 This clause applies to all devices purchased or leased through this contract. The application period is 36 months from the date of installation. This clause takes precedence over any other warranty or service maintenance clauses associated Docusign Envelope ID: C7AF2E5B-0F36-4ED7-9115-4761313757EF with this contract. For purchased devices, agencies must maintain an uninterrupted maintenance agreement with the contract vendor for the Lemon Clause to apply past the initial 90-day warranty period. 2.5.2 Any device that fails (except due to operator error) to operate in accordance with the manufacturer's published performance specifications four times in any four- week period and/or is subject to recurring related problems shall be replaced with a new copier that meets the requirements of the same lot as the original copier, at no cost to the user. The COUNTY Department Administrator will review user requests for the application of this clause and will decide regarding its use. 2.5.3 If 25% or less of the device’s useful life has been used up, the device must be replaced with a “new device”. A “like for like” device may be used if 25% or more of the useful life of the device has been used up and the Customer agrees to the “like for like” exchange. Note: Prior to the lease or purchase of a device, Contractor must provide Customer with the device’s “Useful Life”. 2.5.4 Failure to comply with the requirements of this clause may be grounds for default and contract cancellation by the COUNTY Department Administrator.
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Lemon Clause. 10.12.1 This clause shall apply to all Devices that are purchased or leased under the Contractor’s Master Agreement. Contractor will utilize its Total Quality Commitment to meet its requirements. 10.12.2 This clause shall not apply if Supplies are used in the Devices that were not manufactured, provided, or authorized by the Contractor. 10.12.3 The application period is thirty-six (36) months from the date of Acceptance. 10.12.4 This clause shall take precedence over any other warranty or Services clauses associated with the Contractor’s Master Agreement, or as specified by a Participating State or Entity in their Participating Addendum. 10.12.5 A Purchasing Entity must maintain an uninterrupted Maintenance Agreement with Contractor or their Authorized Dealer, on all purchased Devices in order for this clause to apply past the initial ninety (90) day warranty.
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Lemon Clause. After the 90-day warranty period and until 36 months from the date of installation, or coterminous in the case of a longer lease, except due to operator error, for any device that fails to operate in accordance with the manufacturer's published performance specifications three times in any four week period and/or is subject to recurring related problems, Supplier shall replace that device with a new MFD or Laser Printer that meets the requirements of the same lot as the original equipment model, at no cost to the user. This will take precedence over any other warranty or service maintenance clauses associated with this contract. For purchased devices, customers must maintain an uninterrupted maintenance agreement, cost per copy, or lease agreement including parts and supplies with the contract vendor for the Lemon Clause to apply past the initial 90-day warranty period. The UC Location Purchasing and/or MFD/Printer Fleet Management Program will review user requests for the application of this clause and will make a determination regarding its use. If 25% or less of the device’s useful life has been used up, the device must be replaced with a “new device”. A “like for like” device may be used if 25% or more of the useful life of the device has been used up and the Customer agrees to the “like for like” exchange. Note: Prior to the lease or purchase of a device, awarded vendors must provide UC with the device’s “Useful Life”. Describe your company policy and how your company will fulfill this requirement.
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Lemon Clause. This clause shall apply to all Devices that are purchased, leased, or rented under the Awarded Vendor(s) Master Agreement(s). This clause shall not apply if Supplies are used in the Devices that were not manufactured, provided, or authorized by the Awarded Vendor(s). The application period is thirty-six (36) months from the date of Acceptance. This clause shall take precedence over any other warranty or Services clauses associated with the Awarded Vendor(s) Master Agreement(s), or as specified by a Participating State or Entity in their Participating Addendum. A Purchasing Entity must maintain an uninterrupted Maintenance Agreement on all purchased Devices in order for this clause to apply past the initial ninety (90) day warranty. Any Device that fails (except due to operator error) to function in accordance with the Manufacturer’s published performance specifications, four (4) times in any four (4) week period and/or is subject to recurring related problems, shall be replaced with a new Device that meets or exceeds the requirements of the original Device, at no cost to the Purchasing Entity. Proposal Submission Instructions Overview and General Requirements It is the Offeror’s responsibility to deliver its Proposal on or before the RFP’s closing date and time indicated in Subsection 1.3, Schedule of Events, or otherwise modified on Colorado VSS, regardless of the delivery method used. Late Proposals will not be accepted. Offerors are cautioned that daily mail may not be received prior to 1:00 p.m.; therefore, if the Proposal is not hand delivered, Offeror is to ensure Proposal is received by mail or delivery service the prior day. Offeror must segregate the Administrative Documents, Executive Information, Scope of Work Technical Response, MPS Technical Response (if applicable), Cost Response, Supplemental Documents, Technical Response Exhibits, and Confidential Information (if applicable), of its Proposal, into sections containing tabs that clearly identify each component of that section. Offerors should submit their Proposal broken out into the seven (7) required sections, or eight (8) sections, if confidential information is included. Failure to label any information that is released by the State shall constitute a complete waiver of any and all claims for damages caused by release of said information. If discrepancies are found between the “Master” hard-copy of the Proposal and the electronic copy, the contents of the hard-copy shall be deemed the off...
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Related to Lemon Clause

  • DURATION CLAUSE 1. This Agreement shall be in full force and effect from May 1st, 2022 to and including April 30th, 2027 and shall continue from year to year thereafter unless written notice of desire to cancel or terminate the Agreement is served by wither party upon the other not less than sixty (60) and not more than ninety (90) days prior to April 30th, 2022 or April 30th of any subsequent year. 2. Where no such cancellation or termination notice is served and the parties desire to continue said Agreement, but also desire to negotiate changes or revisions in this Agreement, either party may serve upon the other a written notice not less than sixty (60) and not more than ninety (90) days prior to April 30th, 2022, or April 30th of any subsequent contract year, advising that such party desires to revise or change terms or conditions of such Agreement. The respective parties shall be permitted all legal or economic recourse to support their requests for revisions if the parties fail to agree thereon. Nothing herein shall preclude the parties from making revisions or changes in this Agreement, by mutual consent, at any time during its term.

  • RECOGNITION CLAUSE The Employer agrees to recognize the Union as the exclusive bargaining agent for all employees in the bargaining units as so certified by the Public Employment Relations Commission (PERC) for the purpose of establishing wages, hours and conditions of employment. If PERC certifies the Union as the exclusive representative during the term of this Agreement for a bargaining unit in general government, the terms of this Agreement apply.

  • Integration Clause Except for documents and instruments specifically referenced herein, this Agreement constitutes the entire agreement between Bank and Borrower regarding the Loan and all prior communications verbal or written between Borrower and Bank shall be of no further effect or evidentiary value.

  • TERMINATION CLAUSE Upon breach of the contract by the Developer, the City, by giving written notification, may terminate this contract immediately. A breach shall include, but not be limited to, failure to comply with any or all items contained within Section 1 through Section 30, Exhibits and/or provisions of any subsequent contractual amendments executed relative to this contract. In the event of a breach of contract, the Developer agrees to re-pay any HOME funds advanced under this agreement. The Developer further agrees to transfer ownership of any properties that are the subject of incomplete projects that have been funded under this agreement to the City, or as directed by the City, in order to facilitate project completion, as required under the HOME regulation.

  • Discrimination Clause The contractor agrees to abide by the requirements of the following as applicable: Title VI of the Civil Rights Act of 1964 and Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972, Federal Executive Order 11246 as amended, the Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran's Readjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, the Fair Housing Act of 1968 as amended, and contractor agrees to abide by the requirements of the Americans with Disabilities Act of 1990. Contractor agrees not to discriminate in its employment practices, and will render services under this contract without regard to race, color, religion, sex, sexual orientation, national origin, veteran status, political affiliation, or disabilities. Any act of discrimination committed by Contractor, or failure to comply with these statutory obligations when applicable shall be grounds for termination of this contract.