Upgrades and Engineering Changes Clause Samples

The "Upgrades and Engineering Changes" clause defines the process and conditions under which modifications, improvements, or technical updates can be made to a product or system after its initial delivery. Typically, this clause outlines who has the authority to propose or approve changes, the procedures for implementing upgrades, and any associated costs or responsibilities. For example, it may specify that the supplier must notify the customer before making any significant engineering changes, or that upgrades must meet certain performance standards. The core function of this clause is to ensure that both parties have a clear understanding of how changes will be managed, thereby minimizing disputes and maintaining product integrity over time.
Upgrades and Engineering Changes. As used in this section, the term “upgrade” includes, without limitation, features and conversions. IBM sells upgrades for installation on Machines, and, in certain instances, only for installation on a designated, serial-numbered Machine. Within 30 days of the shipment of an upgrade, Customer agrees to install the upgrade or, if IBM is responsible for the installation, to allow IBM to install the upgrade. Otherwise, IBM may terminate the transaction and Customer must return the upgrade at Customer’s expense. Customer agrees to allow IBM to install mandatory engineering changes (such as those required for safety) on a Machine. Many upgrades and engineering changes require the removal of parts and the transfer of ownership and possession of the removed parts to IBM. Customer is responsible for the return of all removed parts to IBM upon installation of the upgrade or engineering change. As applicable, Customer represents that Customer has permission from the owner and any lien holders to i) install upgrades and engineering changes and ii) transfer ownership and possession of removed parts to IBM. Customer further represents that all removed parts are genuine, unaltered, and in good working order. A part that replaces a removed part will assume the warranty or maintenance Service status of the replaced part.
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Upgrades and Engineering Changes. (1) IBM sells Upgrades for installation on Machine Components, and, in certain instances, only for installation on a designated, serial-numbered Machine Component. Within 30 days of the shipment of an Upgrade, you agree to install the Upgrade or, if IBM is responsible for the installation, to allow IBM to install the Upgrade. Certain Upgrade orders may be terminated at IBM’s discretion if not made available for IBM to install within 30 days of shipment, in which case you must return the Upgrade at your expense. In all cases, if the Upgrade is not made available for IBM to install within six months from the date IBM ships the Upgrade, installation will be subject to an installation charge. (2) You agree to allow IBM to install mandatory Engineering Changes (such as those required for safety) on a Machine Component within 30 days of IBM’s notice to you unless otherwise agreed to by the parties. Many upgrades and Engineering Changes require the removal of parts and the transfer of ownership and possession of the removed parts to IBM. You are responsible for the return of all removed parts to IBM upon installation of the Upgrade or Engineering Change. As applicable, you represent that you have permission from the owner, and any lien holders, to i) install Upgrades and Engineering Changes; and ii) transfer ownership and possession of removed parts to IBM. You further represent that all removed parts are genuine, unaltered, and in good working order. A part that replaces a removed part will assume the warranty or maintenance service status of the replaced part.
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Related to Upgrades and Engineering Changes

  • Engineering Changes Customer may request that Flextronics incorporate engineering changes into the Product by providing Flextronics with a description of the proposed engineering change sufficient to permit Flextronics to evaluate its feasibility and cost. Flextronics will proceed with engineering changes when the parties have agreed upon the changes to the Specifications, delivery schedule and Product pricing and the Customer has issued a purchase order for the implementation costs.

  • Staffing Changes The Director’s prior written approval is required for the Consultant to remove, replace or add to any of its staffing identified in Attachment B of an Approved Service Order.

  • Conforming Changes In connection with the use, administration, adoption or implementation of a Benchmark Replacement, the Administrative Agent will have the right to make Conforming Changes from time to time and, notwithstanding anything to the contrary herein or in any other Loan Document, any amendments implementing such Conforming Changes will become effective without any further action or consent of any other party to this Agreement or any other Loan Document.

  • Project Changes Project changes prior to bid opening shall be made by addendum to plans and specifications. Changes after bid opening shall be made by change order. The Local Government shall submit all addenda and all change orders to the Department for an eligibility determination. After execution of all construction, equipment and materials contracts, the Project contingency may be reduced.

  • Term SOFR Conforming Changes In connection with the use or administration of Term SOFR, the Administrative Agent will have the right to make Conforming Changes from time to time and, notwithstanding anything to the contrary herein or in any other Loan Document, any amendments implementing such Conforming Changes will become effective without any further action or consent of any other party to this Agreement or any other Loan Document. The Administrative Agent will promptly notify the Borrower and the Lenders of the effectiveness of any Conforming Changes in connection with the use or administration of Term SOFR.