Product Modification Clause Examples

Product Modification. Sea Ray shall have the right to discontinue the sale of Products or to modify the design, specifications and components of Products at any time provided, however, that Sea Ray shall notify Dealer, prior to shipment, of any major changes with respect to Products previously ordered by Dealer but not yet delivered, in which event Dealer shall have the right to terminate such order within five (5) business days after such notification by providing written notice to Sea Ray. The failure to provide such timely written notification shall be deemed acceptance by Dealer of such changes.

Product Modification. Regal shall have the right to discontinue the sale of Products or to modify the design and components of Products at any time; provided, however, that Regal shall notify Dealer prior to shipment of any major design changes with respect to Products previously ordered by Dealer, in which event Dealer shall have the right to cancel such order.

Product Modification a. HPE reserves the right to make changes in the design or specifications of Products. b. Solution Provider is not authorized to modify Products. HPE is not liable for any issue arising from such unauthorized modifications, or for any commitment(s) the Solution Provider makes with respect to special interfacing, compatibility or suitability of Product(s) and Support for specific applications. c. If HPE issues a Product safety notification or operational correction, Solution Provider will notify End Users who purchased the impacted Product(s). Such notification may include providing reports for them, listing resources for information, advertising in various publications, etc. The notification will be in writing and sent to them within five (5) days of receipt of notice from HPE unless otherwise agreed by both parties.

Product Modification. In the event of any injunction or prohibition against Company’s manufacture, licensure, import, export, sale, offer-for-sale, distribution, or use of the Product by reason of infringement of a patent, proprietary, or intellectual property right, or if in Company’s opinion the Product is likely to become the subject of a claim of infringement of a patent, proprietary, or intellectual property right Company will, at its option and at its expense, either: (a) procure (such as by licensing or otherwise) the right to continue to make, have made, import, export, sell, offer-for-sale, distribute, and use such Product, or (b) replace or modify such Product so it becomes non-infringing, but is reasonably equivalent or superior in terms of efficacy, quality and safety. Notwithstanding the previous, Company’s inability to further develop, manufacture, sell or license the Product because it cannot reasonably procure rights or modify the Product as prescribed hereunder, which limitation has been reasonably verified by the Foundation, shall not be deemed a Charitability Default provided the Foundation reasonably agrees that such procurement or modification is not reasonable.

Product Modification. Licensee shall not modify the Certified Product in any manner that results in more than an immaterial change in features, function, or performance, without disclosing such modifications to SunSpec Alliance in writing and re-submitting the Certified Product for Certification at Licensee’s sole cost and expense if SunSpec Alliance in its sole discretion determines that re-testing is warranted.

Product Modification. The Parties recognize that from time to ▇▇▇▇ ▇▇▇▇▇▇ will request or will be requested by Buyer to implement Engineering Change Orders (hereinafter referred to as "ECOs"). The following outlines the proper procedure: 1. Seller Requested Changes Seller is to notify Buyer in writing of proposed ECOs no less than lead time of the Components plus [*] and will, if so requested, provide Buyer with samples. The notification shall include the proposed product changes, anticipated price changes and implementation date. Notification shall also include the appropriate documentation to support Buyer's investigation of the impact of this proposal. Buyer will review the feasibility of the implementation of the proposed ECO. If lead time or new costs are required for the ECO, lead time and new prices will be reviewed. Buyer is to advise Seller of its decision with respect to the proposed ECO within [*] after receipt of Seller's written notification.

Product Modification. Boston Whaler shall have the right to discontinue the sale of Products or to modify the design, specifications and components of Products at any time provided, however, that Boston Whaler shall notify Dealer, prior to shipment, of any major changes with respect to Products previously ordered by Dealer but not yet delivered, in which event Dealer shall have the right to terminate such order within five (5) business days after such notification by providing written notice to Boston Whaler. The failure to provide such timely written notification shall be deemed acceptance by Dealer of such changes.

Product Modification. ▇▇▇▇▇▇ shall meet with Aquasport management and product engineers in August and January of each year, unless mutually waived by the parties hereto, to provide input into changes for Aquasport Products for the next model year. The August meeting shall primarily be to provide input on the structure and design of the Products. The January meeting shall primarily be to provide input on the features and accessories of the Products. Aquasport will use its best efforts to incorporate the recommendations made by ▇▇▇▇▇▇ taking into account considerations such as cost, safety, warranty and standard design. Aquasport reserves the right, without notice or obligation, to change the design of the Products to the extent that such change does not materially alter the operation of the Boat or to the extent that such change is required due to product safety concerns, government regulations or vendor supply shortages. Aquasport will provide ▇▇▇▇▇▇ with as much notice as reasonably possible, but not less than ninety (90) days prior notice of shipment of a Product design change if such design change materially affects the appearance or operation of the Product.

Product Modification. A. Company shall have the right to discontinue the sale of Products or to modify the design, specifications and components of Products at any time in its sole discretion; provided, however, that Company shall notify Dealer, prior to shipment, of any major changes with respect to Products previously ordered by Dealer but not yet delivered, in which event Dealer shall have the right to terminate such order within five (5) days after such notification by providing written notice to Company. The failure by Dealer to provide such timely written notification shall be deemed acceptance by Dealer of such changes. B. Dealer understands that Company does not provide a warranty or Product protection coverage for replacement or repairs to specific areas of a Product that have been impacted as a result of modifications or alterations without Company authorization. Consequently, Dealer agrees it will notify Company in writing any time Dealer modifies or alters a Product in any manner. In addition, when seeking authorization to perform warranty or Product protection work, Dealer shall notify Company in writing if it appears that the Product on which the warranty or Product protection work is being performed has been modified, altered, or otherwise differs from the stock Product in any way. For the avoidance of doubt, the warranty or Product protection coverage is not affected and remains in full force and effect for all remaining areas of the Product not impacted as a result of modifications or alterations without authorization.