Common use of Advance Replacement Service Clause in Contracts

Advance Replacement Service. If necessary, ADC may request an advance replacement exchange for the unit to be upgraded for those cases in which ADC can not wait the standard return period. ADC may arrange for this service as follows: - Secure a Return Authorization for the Product to be exchanged. - Issue a purchase order for the Product required at INTERWAVE' then current list price plus the cost of the upgrade and a $750 exchange service fee. - Upon receipt of the proper purchase order. INTERWAVE will ship to ADC an upgraded product for exchange. Upon receipt of the Product ADC should immediately return the exchanged Product in the same container. - Upon receipt of the returned Product INTERWAVE will issue a credit against ADCs purchase order for the list price of the returned Product If the exchanged Product is not returned within thirty (30) days ADC will be invoiced for the Product shipped at the list price and ADC agrees to pay said invoice due upon receipt CLASS OF CHANGE DEFINITIONS CLASS A CHANGES A. Changes which are (1) needed to correct (a) conditions which result in safety hazards, or (b) conditions which result in non-compliance with federal registration or radiation requirements or other federal, state or local safety regulations or UL requirements; and (2) judged by Customer severe enough to have to be made to all hardware in process, in stock or installed. CLASS AC CHANGES Changes which are (I) needed to correct (a) inoperative electrical or mechanical conditions, or unsatisfactory maintenance or operating conditions, or (b) conditions which result in safety hazards, where the conditions in (a) or (b) are caused by circuit combinations or options which exist only on certain hardware; (2) needed to compensate for marginal (worse circuit) cases where the inoperative or unsatisfactory conditions exist on certain hardware and cannot be associated with specific circuit combinations or options. Such changes shall be made on Products in process and if requested by Buyer on Products in stock or returned to an authorized repair center. CLASS AR CHANGES Changes which are needed to correct unsatisfactory electrical, mechanical or operating conditions, which may be allowed to exist on a temporary basis. Such changes shall be made to Products in process, except that in some cases, if Customer gives written consent, Products may be shipped for a period of time specified by Customer without incorporating the change at that time to Products in process. If Customer requests that such changes be made to Products in stock or already installed, supplier shall make such changes. CLASS B - CHANGES Changes which are sufficiently important to require their application to Products being manufactured (as soon as reasonably possible) and/or which may also be recommended for application to existing stock and installations in the field. Examples of this class of changes may include, but are not limited to: a) Providing new features that directly affect Product operability. b) Providing design improvements which result in better service capabilities, longer life or improved operability margins. c) Providing changes in design which result in important cost savings to Customer. CLASS BU CHANGES For conditions of a mandatory nature, for example, the fulfillment of future federal registration or future compatibility requirement or for conditions of sufficient importance to be intended for universal application. Such changes would only be required of Products in process. CLASS D CHANGES- NON-CUSTOMER AFFECTING

Appears in 2 contracts

Sources: Purchase/Resale Agreement (Interwave Communications International LTD), Purchase/Resale Agreement (Interwave Communications International LTD)