FDK definition
Examples of FDK in a sentence
THE FOREGOING STATES THE ENTIRE LIABILITY OF THE PARTIES WITH RESPECT TO ANY INFRINGEMENT CLAIMS REGARDING ANY PRODUCT SOLD BY FDK.
In the event of FDK's inability to supply the total demands for the Products specified in Purchaser's orders, FDK may allocate its available supply among any and all of its purchasers as FDK deems fair and practical without liability to Purchaser for any failure of performance which may result therefrom.
Vendor shall indemnify and hold harmless FDK and all persons claiming under FDK against all claims, damages, and liability for unfair competition and for actual or alleged infringement of any patent, trademark, copyright, or other intellectual property right by the Products purchased by FDK.
Purchaser shall pay for any costs incurred by FDK due to interruptions, engineering changes or modifications caused or requested by Purchaser.
FDK'S SOLE LIABILITY FOR THE MANUFACTURE, SALE, DELIVERY, RESALE OR USE OF ANY PRODUCTS PURCHASED HEREUNDER, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR LIABILITY ARISING FROM BREACH OF CONTRACT OR FROM TORT, WHETHER OR NOT FDK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, IN NO CASE MAY EXCEED THE TOTAL AMOUNT OF THE PRODUCTS PAID FOR HEREUNDER AND INVOLVED IN THE CLAIMED BREACH, TORT OR NONPERFORMANCE THEREOF.
FDK warrants that Products sold by FDK hereunder will be free from defects in materials and workmanship under normal use and service for a period of one year from the date of delivery.
Should Purchaser become delinquent in the payment of any amount due hereunder, or in the event of bankruptcy or insolvency, and regardless of provision for any service charge, FDK, at its option and upon notice to Purchaser, may suspend or terminate any further performance without liability, and Purchaser shall reimburse FDK for its cost of cancellation.
If shipment or manufacture is delayed by Purchaser, payment will become due on the date when FDK is prepared to make shipment or on the date which manufacture is delayed, and such payment will be made based on the contract price and the percentage of completion.
Purchaser shall indemnify, defend and hold FDK harmless against any expenses, damages, costs or losses resulting from any suit or proceeding brought for infringement of patents, designs, trademarks, copyrights or trade names or for unfair competition arising from FDK's compliance with Purchaser's designs, specifications or instructions.
Any and all of the rights and remedies conferred upon FDK under this order shall be cumulative and in addition to, and not in lieu of, the rights and remedies granted by law upon Vendor’s default.