ACCEPTANCE; DELIVERY. Customer's execution of the Acceptance Certificate, or other confirmation of Customer’s acceptance of the Equipment, shall conclusively establish that the Equipment has been delivered to and accepted by Customer for all purposes of this Agreement and Customer may not, for any reason, revoke that acceptance; however, if Customer has not, within ten (10) days after delivery of such Equipment, delivered to CFS written notice of non- acceptance, specifying the reasons therefor and specifically referencing this Agreement, Customer shall be deemed to have irrevocably accepted such Equipment. CFS is the lessor and Customer is the lessee of the Equipment under this Agreement. As between CFS and Customer only, this Agreement shall supersede any Customer purchase order in its entirety, notwithstanding anything to the contrary contained in any such purchase order. Customer agrees to waive any right of specific performance of this Agreement and shall hold CFS harmless from damages if for any reason the Equipment is not delivered as ordered, if the Equipment is unsatisfactory or if CFS does not execute this Agreement. Customer agrees that any delay in delivery of the Equipment shall not affect the validity of this Agreement.
ACCEPTANCE; DELIVERY. (a) Supplier shall not refuse to accept, on the basis of the quantity of Items involved, Authorized Demand Signals under Section 2.1.5.1 that are within current manufacturing capacities, production volumes, and operating levels or are within Capacity Projections or flexibility levels included in the Supplier Performance Plan. Supplier shall also advise Applied (upon request) regarding additional volumes of Items that are within increases in such capacities, volumes and levels, beyond the Capacity Projections and flexibility levels under the Supplier Performance Plan, that Supplier can achieve through use of commercially reasonable efforts.
ACCEPTANCE; DELIVERY. 33 2.6. On-Site Support Requirements................................................................. 34 2.7. [Omitted].................................................................................... 34 2.8. ***.......................................................................................... 34 2.8.1. Modifications and ***s............................................................. 34 2.8.2. Scope of ***s...................................................................... 34 2.8.3. Charges for ***s.................................................................. 35 2.9. Information.................................................................................. 35 2.9.1. Applied Internal Databases......................................................... 35 2.9.2. Applied New Product Plans.......................................................... 39 2.9.3. Compliance with Securities Laws.................................................... 39 2.10. Packaging and Transportation................................................................. 40
ACCEPTANCE; DELIVERY. No order or other request for deliverables will be binding upon Seller unless accepted in writing by Seller. Delivery is Ex Works Seller's facility or as otherwise set forth in Seller’s quote. Buyer assumes full responsibility for deliverables upon Seller making deliverables available to Buyer at Seller's facility, including proper arrangement and security for transport. Any dates quoted for delivery are approximate only. In the event of inability for any reason to supply the total demand for deliverables, Seller may allocate its available supply among any or all purchasers, as well as departments and divisions of the Seller, on such basis as it may deem fair and practical, without liability for any failure of performance which may result therefrom.
ACCEPTANCE; DELIVERY. No order or other request for deliverables will be binding upon CPE unless accepted in writing by CPE. Delivery is F.O.B. shipping point. Buyer assumes full responsibility for deliverables upon CPE’s delivery to Buyer’s carrier at shipping facility, including proper arrangement and security for transport. Any dates quoted for delivery are approximate only. In the event of CPE’s inability for any reason to supply the total demand for deliverables, CPE may allocate its available supply among any or all purchasers, as well as departments and divisions of the CPE, on such basis as it may deem fair and practical, without liability for any failure of performance which may result therefrom.
ACCEPTANCE; DELIVERY. Customer's acceptance of a Product as provided in the Master Agreement shall conclusively establish that the Equipment has been delivered to and accepted by Customer for all purposes of this Agreement and Customer may not for any reason revoke that acceptance.
ACCEPTANCE; DELIVERY. If DRPG reasonably determines that any service or work order does not conform to the Agreement or agreed upon specifications, DRPG may reject such service and/or Work Product by communication to Contractor. Contractor will, at its expense, re-perform the applicable services and repair any applicable Work Product within a reasonable time period after its receipt of such communication, such period of time not to exceed five (5) days, subject to DRPG’s right to re-review the corrected services and/or Work Product in accordance with this Agreement.
ACCEPTANCE; DELIVERY and Settlement of Credit Card Transaction --------------------------------------------------------------- Records. ------- (a) NDPS shall accept Credit Card Transaction Records from Merchants in electronic form and shall transmit to the Bank in the Ordinary Course of NDPS' business summary information of the amounts to be posted to the accounts of those Merchants whose Merchant Depository Accounts are maintained with the Bank and the amounts to be included on the file to be sent through the applicable Clearing System with respect to those Merchants whose Merchant Depository Accounts are maintained with other financial institutions.
ACCEPTANCE; DELIVERY and Settlement of Debit Card Transaction --------------------------------------------------------------- Records. -------
ACCEPTANCE; DELIVERY. AND SHIPMENT 6
