DIRECTV System definition
Examples of DIRECTV System in a sentence
Contractor shall not make any warranties or representations regarding DIRECTV’s programming services or DIRECTV System that are inconsistent with or more extensive than the warranties and representations provided by DIRECTV, and/or the DIRECTV System manufacturers.
Contractor expressly acknowledges and agrees that all rights in and to the satellite transmission of DIRECTV’s DBS services, the DIRECTV System and the renting, sale, installation and maintenance of the DIRECTV System are reserved to DIRECTV and nothing in this Agreement shall be deemed to restrict in any manner the right or ability of DIRECTV to distribute its DBS services or the DIRECTV System itself or through other parties, or provide any Services to DIRECTV customers itself or through any other party.
In addition, while the applicable per-unit Hardware Reimbursement Fee for new receivers shall remain identical to that specific amount invoiced by DIRECTV in the applicable DIRECTV System Invoice, throughout the Term of the Agreement, the actual invoiced amount and corresponding, identical Reimbursement Fee per unit may, per DIRECTV’s discretion, fluctuate during the Term upon notice by DIRECTV to Contractor.
In the event that DIRECTV is unable to timely provide sufficient DIRECTV System Components required by Contractor to timely perform pending Work Orders, Contractor may, upon the agreement of the parties, acquire components from other pre-approved sources; provided, however, that any use of non DIRECTV-provided System Components by Contractor in the fulfillment of a Work Order which has not been pre-approved in writing by DIRECTV shall be deemed a material breach of the Agreement.
DIRECTV shall provide an individual invoice (the “DIRECTV System Invoice”) for each sales order shipment of DIRECTV System Components sold to Contractor.
In addition, Contractor shall not encumber or otherwise cause any liens or security interest to be placed on such DIRECTV System Components prior to the payment by Contractor of each specific DIRECTV System Component.
Throughout the Term of the Agreement, DIRECTV may require that Contractor purchase DIRECTV Hardware or System components such as an ODU and/or LNB from DIRECTV and deliver and provide Services for such DIRECTV System Hardware specifically in the fulfillment of DIRECTV offers.
If the customer transaction for a DIRECTV System Component is a sale, Contractor shall, on DIRECTV’s behalf, deliver to the DIRECTV Customer all applicable warranty, user, and title documents, as DIRECTV may prescribe.
Notwithstanding anything to the contrary contained herein, upon receipt of DIRECTV System Components, and until such DIRECTV System Components are provided to a DIRECTV Customer and accepted by such DIRECTV Customer, Contractor shall remain liable for any and all losses, thefts, damages or otherwise (collectively, “Casualties”) in connection with such DIRECTV System Components and shall maintain adequate insurance to protect such DIRECTV System Components from and against any and all Casualties.
If at a future date DIRECTV buys the DIRECTV System Components back from Contractor, the DIRECTV-issued resale certificate to Contractor shall make the buy-back of such Components a “sale for resale” resulting in no sales tax liability to Contractor on that purchase by DIRECTV.