Product Condition Clause Samples

Product Condition. Customer warrants that the Product covered by this Agreement (a) is in proper operating condition, (b) is without any unauthorized modifications, (c) has all safety features in working condition, and (d) has been maintained in accordance with manufacturer’s Product performance specifications. Alaris reserves the right to inspect the Product and site installation to confirm that Products meet those conditions. At Alaris’ discretion, such inspection and any repairs necessary to bring the Product up to those conditions shall be treated as Per-Call Service. If at any time Customer fails to maintain the Product in proper operating condition as described above, Alaris may cancel this Agreement immediately upon written notice to Customer.

Product Condition. Purchaser shall only supply Product to Donation Recipients provided that: (a) it is lawful to do so in accordance with Applicable Laws on the Purchaser and the laws applicable to the Donation Recipient in relation to the packaging, storing, transporting, exporting, importing, insuring or distribution of vaccines; (b) the Donation Recipient confirms in writing to the Purchaser that the vaccines will be used and administered in accordance with the label and applicable Laws; (c) such Product has been stored and will be transported to the applicable Donation Recipient in accordance with GDP; (d) such Product has sufficient shelf life remaining to reasonably enable administration of the Product prior to the expiry of the Product’s shelf life as set forth on the label for such Product.

Product Condition. Customer warrants that all Products are in working condition as of the Effective Date of this Agreement stated on the cover page. For Support Services supporting the operating system, Customer further warrants that products have the latest operating system version designed for the Product or a mutually agreed upon version of the operating system and is responsible for updating to the latest security patch provided by Google and for taking reasonable steps to protect its data and network against known security threats. Honeywell may require Product to be inspected at current on-site inspection rates prior to coverage being offered or effective if Product is not new or has not been continuously covered by a Honeywell service contract. If remedial repairs are required, Honeywell will provide a cost estimate at current parts and labor rates or at current flat rate repair rates. Such repairs must be completed before Product can be covered under this Agreement. Honeywell reserves the right to charge customer a fee if to install a new version of the operating system if a device covered by Support Service does not have the mutually agreed operating system.

Product Condition. Customer warrants that the Product covered by this Agreement (a) is in proper operating condition, (b) is without any unauthorized modifications, (c) has all safety features in working condition, and (d) has been maintained in accordance with manufacturer’s Product performance specifications. Kodak reserves the right to inspect the Product and site installation to confirm that Products meet those conditions. At Kodak’s discretion, such inspection and any repairs necessary to bring the Product up to those conditions shall be treated as Per-Call Service. If at any time Customer fails to maintain the Product in proper operating condition as described above, Kodak may cancel this Agreement immediately upon written notice to Customer.

Product Condition. Purchaser shall only supply Product to Donation Recipients provided that: (a) it is lawful to do so in accordance with Applicable Laws on the Purchaser and the laws applicable to the Donation Recipient in relation to the packaging, storing, transporting, exporting, importing, insuring or distribution of vaccines; (b) the Donation Recipient confirms in writing to the Purchaser that the vaccines will be used and administered in accordance with the label and applicable Laws; (c) such Product has been stored and will be transported to the applicable Donation Recipient in accordance with GDP; (d) such Product has sufficient shelf life remaining to reasonably enable administration of the Product prior to the expiry of the Product’s shelf life as set forth on the label for such Product. S . • Any proposed changes to the 2022/2023 Delivery Schedule, including any actual or anticipated delays in Delivery against, or updates to, the 2022/2023 Delivery Schedule. • Any application for, or decision not to apply for, an emergency use authorisation. • Any proposed changes to a Relevant Marketing Approval. • Any proposed reduction to the Minimum Shelf Life. • Any clinical trial results or findings that materially impact the efficacy or safety of the Product. • Any material issues, or delays in the Manufacturing progress or Delivery of Product, including losing capacity at facilities or delays in supply of raw materials and equipment.

Product Condition. 8 c. Shelf Life............................................8

Product Condition. Although some products are new in the box, the Bidder accepts the possibility that their Item may have minor cosmetic flaws that do not affect the performance of the product.

Product Condition. Unless otherwise agreed upon by a Member, all Medical-Surgical Products shall be new. Medical-Surgical Products that are demonstrators, used, obsolete, or seconds, or which have been discontinued, are unacceptable unless the Member accepts delivery after receiving notice from Distributor of the condition of the Medical-Surgical Products.

Product Condition. Once a Product has been approved by METRO, Vendor shall not make any changes to such Product or anything that would affect the Product Specifications without METRO's prior written consent. METRO may, at its sole discretion, reject and return to the Vendor or retain, at the Vendor's expense and risk, any Product that does not meet Product Specifications or that METRO, acting reasonably, does not deem satisfactory, or that is shipped contrary to METRO's instructions or in quantities over or under those specified, or substituted for the Product, or shipped in packaging other than as stated in the Product Specifications (or, absent such Specifications, in recognized standard packaging), or that allegedly or actually violates any applicable law or regulation. METRO may charge the Vendor, who shall pay forthwith, all unpacking, inspection, repacking, storage, shipping and reshipment costs pertaining to any rejected Product. With respect to any Product that is a drug or medical device as defined by the laws and regulations applicable to METRO, the Vendor shall inform METRO of the drug or device's projected useful life as determined by the Vendor. With respect to any Product that is a medical device for which METRO must obtain a medical device licence from Health Canada or any other regulatory body, the Vendor warrants and guarantees that the original medical device licence application for the Product and the Product meet the ISO 13485 standard and shall provide METRO with the original medical device application number and catalogue numbers concerning said Product. The Vendor acknowledges that any change to an original product licensed by Health Canada or meeting the ISO 13485 standard may affect METRO's medical device licence for the Product. Therefore, the Vendor shall inform METRO immediately of any modification, change or cancellation whatsoever involving any such original product, and shall refrain from any action as regards METRO so as not to hinder METRO's obtaining a medical device licence for the Product. With respect to any Product that is a drug or a natural health product which requires an identification number from Health Canada or any other regulatory body, the Vendor warrants and guarantees that it has obtained the valid market authorization for any such Product in the Territory and shall provide METRO with the original product identification number. Upon request, the Vendor shall also provide METRO with copies of the stability studies regarding any...