BACKCHARGE TO SELLER Sample Clauses

BACKCHARGE TO SELLER. Material/equipment deficiencies which cause expenditure of labor hours and any other associated costs will be accumulated and back-charged to the Seller prior to close-out of the Purchase Order. Copies of Buyer’s inspection deficiency report (Overage, Shortage, and Damaged Report) will be used as supporting documentation. Actual costs (labor hours and any other associated costs) + 15% may be back charged to the Seller to compensate for costs incurred by the company. Prior to expenditure of funds to remedy the deficiency, the Buyer will normally notify the Seller of the existence of the deficiency and the liability for back-charge and request any recommendations for solution. Seller will be expected to respond within 48 hours of notification to these deficiencies. If critical construction schedules are impacted, Buyer, at our option, will proceed with repair and replacement without prior notification to Seller and an equitable negotiated settlement will be pursued at a later time.
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BACKCHARGE TO SELLER. Material / equipment deficiencies which are minor in nature but of the recurring types which create expenditure of labor hours to correct will be accumulated and backcharged to the Seller prior to close-out of the Purchase Order. Copies of Buyer’s inspection deficiency report (Overage, Shortage, and Damaged Report) will be used as supporting documentation. A rate of ACTUAL COST + 15% may be applied to labor hours expended by Buyer to correct material / equipment deficiencies. Prior to expenditure of funds to remedy the deficiency, the Buyer will normally notify the Seller of the existence of the deficiency and the liability for back-charge and request any recommendations for solution. Seller will be expected to respond within seven (7) working days, of notification to these deficiencies. If critical construction schedules are impacted, Buyer, at our option, will proceed with repair and replacement without prior notification to Seller and an equitable negotiated settlement will be pursued at a later time.
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Related to BACKCHARGE TO SELLER

  • Seller For each Mortgage Loan, the seller of such Mortgage Loan pursuant to the Mortgage Loan Purchase Agreement.

  • SALES AND ORDER PROCESSING CHARGE Contractor shall sell its products to END USERS based on the pricing and terms of this Agreement. H-GAC will invoice Contractor for the applicable order processing charge when H-GAC receives notification of an END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing charge, after delivery of any product or service and subsequent END USER acceptance. Payment of the Order Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10) business days after receipt of an END USER’s payment, whichever comes first, notwithstanding Contractor’s receipt of invoice. For sales made by Contractor based on this Agreement, including sales to entities without Interlocal Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further, Contractor agrees to encourage entities who are not members of H-GAC’s Cooperative Purchasing Program to execute an H-GAC Interlocal Agreement. H-GAC reserves the right to take appropriate actions including, but not limited to, Agreement termination if Contractor fails to promptly remit the appropriate order processing charge to H-GAC. In no event shall H-GAC have any liability to Contractor for any goods or services an END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any order processing charges on any portion of the Agreement actually performed, and for which compensation was received by Contractor.

  • Indemnity by Seller (a) Seller shall release, defend, indemnify and hold harmless Buyer, its directors, officers, agents, attorneys, representatives and Affiliates (“Buyer Group”) against and from any Indemnifiable Losses, which arise out of or relate to or are in any way connected with (i) the Seller’s delivery of Distribution Services to Buyer, (ii) Seller’s or its Affiliates’ ownership, development, construction, operation and/or maintenance of the Project, including the Sites(s); (iii) Third Party Claims arising from Seller’s or its Affiliates’ actions or inactions, including Seller’s breach of this Agreement or other agreements related to the development, construction, ownership, operation or maintenance of the Project or Site; (iv) any environmental matters associated with the Project, including the disposal and transportation of Hazardous Substances by or on behalf of the Seller or at the Seller’s direction or agreement; (v) Third Party Claims arising under any agreement between Seller or its Affiliates ; or (vi) resulting from Seller’s or its Affiliates’ violation of any applicable Law, or requirements of Transmission Provider, Utility Distribution Company, NERC, WECC or Reliability Organization; in each case including any loss, claim, action or suit, for or on account of injury to, bodily or otherwise, or death of, persons, or for damage to or destruction or economic loss of property belonging to Xxxxx, Seller, Seller’s Affiliates, or others, excepting only such Indemnifiable Losses, to the extent solely caused by the willful misconduct or gross negligence of a member of the Buyer Group.

  • Payment of Debt or Delinquency to the State Pursuant to §§2107.008 and 2252.903, Texas Government Code, Contractor agrees any payments owing to Contractor under this Agreement may be applied directly toward any debt or delinquency Contractor owes the State of Texas or any agency of the State of Texas, regardless of when it arises, until paid in full.

  • Inspection and Rejection of Nonconforming Goods (a) Buyer shall inspect the goods within five days of receipt (“Inspection Period”). Xxxxx will be deemed to have accepted the goods unless it notifies Seller in writing of any Nonconforming Goods during the Inspection Period and furnishes documentation reasonably required by Seller. “

  • Minimum Condition and Warranty Requirements for TIPS Sales All goods quoted or sold through a TIPS Sale shall be new unless clearly stated otherwise in writing. All new goods and services shall include the applicable manufacturers minimum standard warranty unless otherwise agreed to in the Supplemental Agreement.

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