Product Condition Sample Clauses

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.
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Product Condition. Unless otherwise stated in the Non-Price Specifications or unless agreed upon by a Member in connection with Products it may order, all Products will be new. Products which are demonstrators, used, obsolete, seconds, or which have been discontinued are unacceptable unless otherwise specified in the Non-Price Specifications or the Member accepts delivery after receiving notice of the condition of the Products.
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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 Alaris reserves the right to inspect the Product and site installation to confirm that Products meet those conditions. At Kodak Alaris’ discretion, the 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 Alaris may cancel this Agreement immediately upon written notice to Customer.
Sample 1
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.
Sample 1
Product Condition. 8 c. Shelf Life............................................8
Sample 1
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. 3 / 18 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 regard...
Sample 1
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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.
Sample 1
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.
Sample 1

Related to Product Condition

  • Product Recall (a) If a recall is required by applicable Law, or if Buyer or Supplier reasonably determines that a recall is advisable because the goods may create a potential safety hazard, are not in compliance with any applicable code, standard or legal requirement, or contain a defect or non-conformance with the requirements of this Order occurring or likely to occur in multiple goods, which such defects or non-conformances are substantially similar or have substantially similar causes or effects (collectively a “Serial Defect”), the parties shall promptly communicate such facts to each other. At Buyer’s request, Supplier shall promptly develop a corrective action plan satisfactory to Buyer, which shall include all actions required to recall and/or repair the goods and any actions required by applicable Law (“Corrective Action Plan”) for Buyer’s review and approval. At Buyer’s election, Xxxxx may develop the Corrective Action Plan. In no event shall Buyer and Supplier’s failure to agree on the Corrective Action Plan delay the timely notification of a potential safety hazard, non-compliance or Serial Defect to users of the goods, cause either party to be non-compliant with applicable Law or prevent Buyer from taking reasonable actions to prevent injury or damage to persons, equipment or other property. Supplier and Buyer shall cooperate with and assist each other in any corrective actions and/or filings, if applicable.

  • Clinical Data and Regulatory Compliance The preclinical tests and clinical trials, and other studies (collectively, “studies”) that are described in, or the results of which are referred to in, the Registration Statement or the Prospectus were and, if still pending, are being conducted in all material respects in accordance with the protocols, procedures and controls designed and approved for such studies and with standard medical and scientific research procedures; each description of the results of such studies is accurate and complete in all material respects and fairly presents the data derived from such studies, and the Company and its subsidiaries have no knowledge of any other studies the results of which are inconsistent with, or otherwise call into question, the results described or referred to in the Registration Statement or the Prospectus; the Company and its subsidiaries have made all such filings and obtained all such approvals as may be required by the Food and Drug Administration of the U.S. Department of Health and Human Services or any committee thereof or from any other U.S. or foreign government or drug or medical device regulatory agency, or health care facility Institutional Review Board (collectively, the “Regulatory Agencies”); neither the Company nor any of its subsidiaries has received any notice of, or correspondence from, any Regulatory Agency requiring the termination, suspension or modification of any clinical trials that are described or referred to in the Registration Statement or the Prospectus; and the Company and its subsidiaries have each operated and currently are in compliance in all material respects with all applicable rules, regulations and policies of the Regulatory Agencies.

  • Clinical Trials The studies, tests and preclinical and clinical trials conducted by or on behalf of, or sponsored by, the Company, or in which the Company has participated, that are described in the Registration Statement, the Time of Sale Disclosure Package or the Prospectus, or the results of which are referred to in the Registration Statement, the Time of Sale Disclosure Package or the Prospectus, were and, if still pending, are being conducted in all material respects in accordance with protocols, procedures and controls pursuant to, where applicable, accepted professional and scientific standards for products or product candidates comparable to those being developed by the Company and all applicable statutes, rules and regulations of the FDA, the EMEA, Health Canada and other comparable drug and medical device (including diagnostic product) regulatory agencies outside of the United States to which they are subject; the descriptions of the results of such studies, tests and trials contained in the Registration Statement, the Time of Sale Disclosure Package or the Prospectus do not contain any misstatement of a material fact or omit a material fact necessary to make such statements not misleading; the Company has no knowledge of any studies, tests or trials not described in the Disclosure Package and the Prospectus the results of which reasonably call into question in any material respect the results of the studies, tests and trials described in the Registration Statement, the Time of Sale Disclosure Package or Prospectus; and the Company has not received any notices or other correspondence from the FDA, EMEA, Health Canada or any other foreign, state or local governmental body exercising comparable authority or any Institutional Review Board or comparable authority requiring or threatening the termination, suspension or material modification of any studies, tests or preclinical or clinical trials conducted by or on behalf of, or sponsored by, the Company or in which the Company has participated, and, to the Company’s knowledge, there are no reasonable grounds for the same. Except as disclosed in the Registration Statement, the Time of Sale Disclosure Package and the Prospectus, there has not been any violation of law or regulation by the Company in its respective product development efforts, submissions or reports to any regulatory authority that could reasonably be expected to require investigation, corrective action or enforcement action.

  • Development Milestones In addition to its obligations under Paragraph 7.1, LICENSEE specifically commits to achieving the following development milestones in its diligence activities under this AGREEMENT: (a) (b).

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