Claims by Customer Sample Clauses

The "Claims by Customer" clause defines the process and requirements for a customer to formally raise claims against the service provider, typically regarding issues such as defective goods, inadequate services, or breaches of contract. This clause usually outlines the timeframe within which claims must be submitted, the information that must be included, and the method of notification. Its core practical function is to ensure that both parties have a clear, agreed-upon procedure for addressing grievances, thereby reducing disputes and facilitating efficient resolution of problems.
Claims by Customer. If the Supplier, within 5 days do not receive in a manner of formal writing from the Customer, that in their view, the Goods are not in accordance with the Agreement with these terms then the Supplier is not liable for any Claim relating to the Goods.
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Claims by Customer. CIRQUE shall have no liability on any claim by Customer with respect to any Product furnished hereunder alleged to be defective or otherwise not in conformity with any warranty expressed in the terms and conditions hereof unless written notice specifying such claim shall be received by CIRQUE having been sent by Customer within ten (10) days after receipt by Customer of the Product(s) furnished hereunder to which such defect or non-conformity is alleged. Failure to so notify CIRQUE shall constitute a waiver of any and all claims with respect to such Product(s).
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Claims by Customer. Any claims by Customer must be presented in writing to K▇▇▇▇▇ + N▇▇▇▇ within a reasonable time and in no event longer than: (i) sixty (60) days after delivery of the Products by K▇▇▇▇▇ + N▇▇▇▇ or (ii) sixty (60) days from the date that the Customer is informed or becomes aware of the loss or damage, whichever time is shorter. Customer shall provide K▇▇▇▇▇ + N▇▇▇▇ with all information which is reasonably necessary to substantiate the nature of the claim and alleged damages. A claim by Customer of conversion must be established by affirmative evidence that K▇▇▇▇▇ + N▇▇▇▇ converted the Products to K▇▇▇▇▇ + NAGEL’s own use. K▇▇▇▇▇ + NAGEL’s maximum liability for negligent misshipments shall be as specified in Article 7 and K▇▇▇▇▇ + N▇▇▇▇ shall have no liability for damages due to the consignee’s acceptance or use of the Products whether such Products be those of Customer or another.
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Claims by Customer. In addition to Seller’s right to attorney fees and costs under paragraph 1D above, if (i) Customer asserts any claim against Seller in connection with this Agreement or otherwise relating to the sale or purchase of Goods, and (ii) Seller succeeds in denying substantially all or Customer’s claim, Seller shall be entitled to recover from Customer the attorney fees and costs incurred by Seller in defending against such claim regardless of whether litigation is instituted or prosecuted to Judgment.
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Claims by Customer. (i) Claims by Buyer with respect to damaged goods must be made in writing no later than 90 days of receipt of goods for visual damage (a) Within fifteen (15) days after tender of delivery to or receipt by Buyer of any shipment and before any part of the material (except for reasonable test and inspection quantities) has been changed from its original condition. Buyer shall inform ▇▇▇▇▇▇ in writing if the material is found defective. Failure to so inform Seller or use of the material (except for reasonable test and inspection quantities) shall be conclusive that Seller has satisfactorily performed. (ii) Seller’s responsibility for defective materials, provided ▇▇▇▇▇ has compiled with Paragraph 11(i), is to either replace such materials as proved defective or allow credit for their return at the Seller’s option. Seller will not allow any claim for labor or expense occasioned by the use of defective material. In no event shall Seller be responsible for consequential damages. (iii) Rust – Claim for rust (Red or White) will only be accepted within 10 days from date of shipment. Wet or Damp steel must be made within 2 days of shipment and must be accompanied with signed ▇▇▇▇▇▇▇’s Receipt showing that material was wet upon arrival.
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Related to Claims by Customer

  • By Customer To the extent permitted by applicable law, Customer will defend Microsoft against any third-party claim to the extent it alleges that: (1) any Customer Data or non- Microsoft software hosted in an Online Service by Microsoft on Customer’s behalf misappropriates a trade secret or directly infringes a patent, copyright, trademark, or other proprietary right of a third party; or (2) Customer’s use of any Product or Fix, alone or in combination with anything else, violates the law or ▇▇▇▇▇ a third party.

  • Indemnification by Customer Customer shall indemnify, defend and hold harmless MSIL and its affiliates from and against any loss, liability, damage, cost or expense (including attorneys' and accountants' fees and expenses incurred in the defense of any demands, claims or lawsuits) actually and reasonably incurred arising from any act, omission, conduct, or activity undertaken by MSIL on behalf of Customer, including, without limitation, any demands, claims or lawsuits initiated by a limited partner (or assignee thereof); provided that (i) MSIL has determined, in good faith, that the act, omission, conduct, or activity giving rise to the claim for indemnification was in the best interests of the Customer, and (ii) the act, omission, conduct or activity that was the basis for such loss, liability, damage, cost or expense was not the result of misconduct or negligence. Notwithstanding the foregoing, no indemnification of MSIL or its affiliates by Customer shall be permitted for any losses, liabilities or expenses arising from or out of any alleged violation of federal or state securities laws unless (i) there has been a successful adjudication on the merits of each count involving alleged securities law violations as to the particular indemnitee, or (ii) such claims have been dismissed with prejudice on the merits by a court of competent jurisdiction as to the particular indemnitee, or (iii) a court of competent jurisdiction approves a settlement of the claims against the particular indemnitee and finds that indemnification of the settlement and related costs should be made, provided with regard to such court approval, the indemnitee must apprise the court of the position of the SEC and the positions of the respective securities administrators of Massachusetts, Missouri, Tennessee and/or those other states and jurisdictions in which the plaintiffs claim that they were offered or sold Units, with respect to indemnification for securities laws violations before seeking court approval for indemnification. Furthermore, in any action or proceeding brought by a limited partner in the right of Customer to which MSIL or any affiliate thereof is a party defendant, any such person shall be indemnified only to the extent and subject to the conditions specified in the Delaware Revised Uniform Limited Partnership Act, as amended, and this Section 2. The Customer shall make advances to MSIL or its affiliates hereunder only if: (i) the demand, claim lawsuit or legal action relates to the performance of duties or services by such persons to Customer; (ii) such demand, claim lawsuit or legal action is not initiated by a limited partner; and (iii) such advances are repaid, with interest at the legal rate under Delaware law, if the person receiving such advance is ultimately found not to be entitled to indemnification hereunder.

  • Actions by Custodian Upon receipt of Proper Instructions, the Custodian shall execute and deliver to each applicable Fund or to such other parties as such Fund(s) may designate in such Proper Instructions, all such documents, instruments or agreements as may be reasonable and necessary or desirable in order to effectuate any of the transactions contemplated hereby.

  • Termination by Customer You may cancel your acceptance of the Agreement with XOOM at any time within three (3) business days of your enrollment authorization and receipt of this Agreement without penalty or

  • Reports by Custodian The Custodian will supply to the Fund from time to time, as mutually agreed upon, statements in respect of the securities and other assets of the Fund held by foreign sub-custodians, including but not limited to an identification of entities having possession of the Fund's securities and other assets and advices or notifications of any transfers of securities to or from each custodial account maintained by a foreign banking institution for the Custodian on behalf of the Fund indicating, as to securities acquired for the Fund, the identity of the entity having physical possession of such securities.