Quality and Service Clause Examples

Quality and Service. (a) The Subscriber's data speed concerns the capacity the Subscriber has as a user of the SORACOM Air Global Service. This has an influence on how swiftly the Subscriber can access websites, download data, etc. Consequently, the greater the capacity and speed the Subscriber has chosen in the subscription, the faster the access to the Internet will be. The speed and capacity of the connection will be affected by the number of simultaneous users, and how many services and applications that are being used simultaneously. This means that the access to the SORACOM Air Global Service and related services will be slower, if many users are using the same services at the same time. (b) Further information about quality and service of the SORACOM Air Global Service, including delivery times and repair and recovery times, can be retrieved by visiting the FAQ site of the Subscriber's SORACOM user console.

Quality and Service. (a) Information about quality and service, including delivery times and repair and recovery times, can be obtained by contacting SORACOM.

Quality and Service. (a) The Subscriber's data speed concerns the capacity the Subscriber has with its communication line. (b) Further information about quality and service of the SORACOM Arc Service, including delivery times and repair and recovery times, can be retrieved by visiting the FAQ site of the Subscriber's SORACOM user console.

Quality and Service. 4.1 The Service Provider shall be fully responsible to TPT for the acts and omissions of its employees, permitted sub-contractors and agents. Furthermore, the service provider shall be solely liable for any damage caused to TPT property or injury caused to TPT Employees due to the negligence of its employees, permitted sub-contractors and agents. TPT shall be entitled to deduct the amount so involved from any payment due to the service provider. 4.2 The service provider will ensure that cargo is not spilled during the Transportation and Handling Services. 4.2.1 The service provider will be liable for any and all loss incurred by TPT as a result of any spillage which occurred during the Transportation and Handling Services. 4.2.2 The service provider will ensure that at its own cost, any such spillage shall be cleaned immediately. 4.2.3 Should the service provider fail to clean the spillage immediately, TPT reserves the right to procure alternative services for the cleanup of such spillage and hold the service provider accountable for the payment thereof. 4.3 When called upon in an emergency, the service provider is required to respond and be on site within 2 (two) hours. 4.4 In order to support business demands and support responsiveness as referenced in paragraph 8.8, the service provider will be required to establish a local footprint on award of business within a 50km radius of the Port of Saldanha. 4.5 The estimated volumes are projected at 2.5 million tons per annum and are not committed. Therefore Transnet Port Terminals do not guarantee these volumes.

Quality and Service. 5.1 If SUPPLIER identifies Products that do not meet or exceed POINT BLANK’s Specifications during their manufacturing process, SUPPLIER shall not ship such Products until the manufacturing process has been corrected and the Products conform to the Specifications, agreements, representations and warranties contained in this Agreement or as the Parties may otherwise agree. 5.2 Within fifteen (15) days of delivery of Products to POINT BLANK, POINT BLANK shall have the right to reject Products as Defective by delivery of a Notice of Defect (as defined below), thereafter and notwithstanding the warranties made by SUPPLIER under Section 4 above, Products shall be deemed accepted by POINT BLANK and free of Defects for purposes of this Agreement, except for Latent Defects, in which case POINT BLANK shall notify SUPPLIER as soon as practicable after discovery of such defect. POINT BLANK shall have no claim against SUPPLIER for any deficiency in the quantity or packaging of any Product supplied to it under this Agreement unless it gives SUPPLIER a notice of the deficiency within fifteen (15) days from receipt of the Product. 5.3 For the purposes of this Agreement a Product shall be deemed “Defective” if it does not conform to any representation or warranty under Sections 4.1, 4.2, 4.3, 4.4 and 4.

Quality and Service. 5.1 SUPPLIER shall comply with the Service and Quality performance requirements as specified on Exhibit F attached hereto (“Service Requirements”) for Supplier Performance Ratings. COORS may apply the Service Requirements for each of SUPPLIER’S facilities furnishing Products to each COORS location. Failure to meet or exceed the Service Requirements for at least a bronze-level supplier at all COORS facilities, based on a simple average will result in a “Supplier In Development” rating. If SUPPLIER rates as a Supplier in Development or if in COORS’ judgment SUPPLIER’s performance as a Supplier in Development is not showing substantial and steady improvement over any period of time, SUPPLIER may be terminated. If SUPPLIER rates as a Supplier in Development in any quarter, SUPPLIER shall not be eligible to receive [* * *] implemented the following quarter. However, if SUPPLIER achieves a gold-level rating, [* * *] 5.2 If SUPPLIER identifies Products that do not meet or exceed COORS’ Specifications during their manufacturing process, SUPPLIER shall not ship such Products to COORS until the manufacturing process has been corrected and the Products conform to the Specifications, agreements, representations and warranties contained in this Agreement. 5.3 In order to ensure quality and service goals are achieved, the Parties shall conduct quarterly meetings to review the progress toward the standards established in Exhibit F as well as other issues related to this Agreement. A Steering Committee shall be established that shall meet twice a year to specifically review the Supplier Performance Ratings and other performance measures. The Parties’ CEOs shall also meet once a year to evaluate and discuss the status of the relationship.

Quality and Service. A. Seller shall establish and/or maintain a quality improvement plan and a service and support plan acceptable to Buyer. The Quality Agreement and Service and Support Agreement are incorporated into this Agreement as Exhibit C and Exhibit E, respectively. B. At Buyer’s request, Seller shall facilitate on-site visits and inspections by Buyer during normal business hours and upon prior notice. Buyer’s inspections shall in no way relieve Seller of its obligation to deliver conforming Product or waive Buyer’s or Buyer’s customers’ right of inspection and acceptance at the time the Products are delivered. C. Seller agrees to provide relevant outgoing inspection, quality, and reliability data upon Buyer’s request and in accordance with the Quality Agreement. D. Seller agrees to ship Product that conforms to the formally released revision level as stated on Buyer’s Order and acknowledged by Seller. Buyer’s revision levels will not be effective unless mutually agreed to between Buyer and Seller utilizing a completed Engineering Change Request (ECR) by written confirmation. E. Seller agrees to advise Buyer of any changes at least forty-five (45) days, (or as otherwise agreed to in writing by the parties), prior to process, materials, or sources of supply and ensure that such changes do not compromise specifications, quality, reliability, or the delivery times of Products ordered by Buyer. F. Any form of rework requested by Buyer shall be at Buyer’s expense, provided that such request is authorized in writing via a purchase order by an authorized Buyer representative. If Seller does not secure written authorization for the expense prior to the rework, then the parties agree that the rework will be at Seller’s expense. The format of the estimate of rework costs from Seller shall be agreed upon by the parties. All estimates of rework costs will include but are not limited to the following; materials, freight, labor, profit, overhead, duties and any other subject that the parties may agree upon.

Quality and Service. (a) SELLER must provide quality Loop PET to a Bottle Manufacturer(s) in accordance with the Specifications and warranty provisions set forth herein. (b) SELLER may not provide Loop PET to a Bottle Manufacturer that does not meet the Specifications, or Loop PET having specifications that have not been approved by PCAM. [***]. [***].[***]. [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. (c) SELLER shall not change the grade of Loop PET delivered to any given Location unless (i) PCAM has asked SELLER to make a change; or (ii) PCAM has given its prior approval in response to a request from SELLER to make a change. Should SELLER change the grade of Loop PET due to its own request pursuant to (ii), [***]. (d) [***]. (e) SELLER shall also exercise commercially reasonable efforts to maintain for each Location an overall service level, with respect to the Loop PET supplied by SELLER, equal to or better than that of the Bottle Manufacturer(s)’ other suppliers of Loop PET. Such a service level shall include, but not be limited to, providing, [***],[***]. If SELLER’s service level at a Location with respect to the Loop PET itself is demonstrated to be unacceptable, PCAM shall notify SELLER in writing and SELLER shall have [***] days to meet the specified performance level without being in breach of this Agreement, provided that SELLER promptly and diligently pursues such performance level improvements. PCAM agrees to use its commercially reasonable efforts to ensure that the Bottle Manufacturer(s) cooperates in the remedy of any such issue. [***]. (f) SELLER shall submit the Deliverables in accordance with SCHEDULE C.

Quality and Service. (a) The Subscriber's data speed concerns the capacity the Subscriber has as a user (b) Further information about quality and service of the Air Global Service, including delivery times and repair and recovery times, can be retrieved by visiting the FAQ site of the Subscriber's SORACOM user console.