NONCOMPLYING PRODUCTS Clause Samples

NONCOMPLYING PRODUCTS. 5.1. Credit, Repair, or Replacement. HP may elect in its sole discretion to ------------------------------ return a Noncomplying Product for credit, replacement or repair at Foundry's expense. In addition, HP may return for repair or replacement an entire lot of OEM Products if a tested sample, which consists of two (2) or more of the same OEM Product, of that lot contains Noncomplying Products. In the event of an overshipment, HP may elect to keep the additional units, subject to the payment procedures in Section 4.3. -----------
NONCOMPLYING PRODUCTS. 12.01 Noncomplying Product when AIR below or equal to Threshold (under PRD specification). During warranty phase of the Product, STRATASYS shall, *** deliver to HP the Product and/or instructions that may be necessary to enable HP customer engineers to cure any such malfunction or defect, (as defined in section 11.03). When Product is out of warranty STRATASYS will provide parts at *** (as per section 10.04), and deliver to HP the instructions that may be necessary to enable HP customer engineers to cure any such a malfunction or defect. In any event, the transfer prices are specified in Attachment 4. 12.02 Non-Complying Product when AIR is above Threshold and below ***. During Warranty phase of the product, STRATASYS shall, *** deliver to HP the Product and/or instructions that may be necessary to enable HP customer engineers to cure any such malfunction or defect (as defined in section 11.03). When Product is out of warranty STRATASYS will provide parts at *** and deliver to HP the instructions that may be necessary to enable HP customer engineers to cure any such malfunction or defect. 12.03 Noncomplying Product when AIR is above *** During AIR limited warranty period of***, in the case of an ***, HP shall promptly inform STRATASYS in writing (“*** Notice”), and STRATASYS is obligated to, within *** upon the receipt of *** Notice, propose an action plan to fix or repair the affected Product. Further, upon HP’s acceptance of the action plan, STRATASYS shall provide HP with the Product and/or repair instructions necessary for HP to implement this action plan through HP’s service network. The Parties agree to make all reasonable efforts to complete the repair of all of the affected Product within *** upon STRATASYS’s receipt of *** Notice from HP. STRATASYS shall *** for those Affected Products, STRATASYS will also provide the following remedies for any breach of the expanded AIR limited warranty; b) HP STRATASYS *** Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Securities and Exchange Commission.
NONCOMPLYING PRODUCTS. 9.1 Should HP become aware of substandard Product, HP will notify Seller immediately and, if required by Seller, forward such defective Product to Seller. Seller will credit HP for the purchase price of any such defective Product identified. Seller will not be responsible for errors on material which was printed in compliance with blue lines or other original documentation provided or approved by HP. Seller will credit HP for Product returned only to the extent that Seller verification indicates the Product is defective. 9.2 Upon HP's request, Seller will promptly furnish a Corrective Action Report on any Noncomplying Product.
NONCOMPLYING PRODUCTS. 6 5.1 Repair or Replacement.............................................................6 5.2 Replacement and Repair Period.....................................................6
NONCOMPLYING PRODUCTS 

Related to NONCOMPLYING PRODUCTS

  • Manufacture of Products All Products marketed through Grantor's Web ------------------------- Site shall be manufactured, packaged, prepared, and shipped in accordance with the specifications and requirements described on Exhibit A hereto as it may be modified from time to time. Quality control standards relating to the Product's weight, color, consistency, micro-biological content, labeling and packaging are also set forth on Exhibit A. In the event that Exhibit A is incomplete, Products shall be manufactured and shipped in accordance with industry standards.

  • Recipient Products Updated Project Schedule (if applicable) • Updated List of Match Funds (if applicable) • Updated List of Permits (if applicable) • Kick-off Meeting Agenda

  • Custom Products Effective upon creation of Custom Products, Contractor hereby conveys, assigns and transfers to Authorized User the sole and exclusive rights, title and interest in Custom Product(s), whether preliminary, final or otherwise, including all trademark and copyrights. Contractor hereby agrees to take all necessary and appropriate steps to ensure that the Custom Products are protected against unauthorized copying, reproduction and marketing by or through Contractor, its agents, employees, or Subcontractors. Nothing herein shall preclude the Contractor from otherwise using the related or underlying general knowledge, skills, ideas, concepts, techniques and experience developed under a Purchase Order, project definition or work order in the course of Contractor’s business. Authorized User may, by providing written notice thereof to the Contractor, elect in the alternative to take a non-exclusive perpetual license to Custom Products in lieu of Authorized User taking exclusive ownership and title to such Products. In such case, Licensee on behalf of all Authorized Users shall be granted a non-exclusive perpetual license to use, execute, reproduce, display, perform, adapt and distribute Custom Product as necessary to fully effect the general business purpose(s) as stated in paragraph (b)(i)(2), above.

  • Third Party Products 12.1 Third-party products provided to you by NCR Voyix for use with your subscription to the Service are subject to any terms provided by their supplier, including but not limited to those terms and conditions set forth in the exhibits attached hereto. Third-party terms and conditions are subject to change at any time by the supplier, and you agree that your use of such third-party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR ▇▇▇▇▇ SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. 12.2 Third-party products and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided in connection with any such third-party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-party suppliers.

  • Products Products available under this Contract are limited to Software, including Software as a Service, products and related products as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.B above. Vendor may not add a manufacturer’s product line which was not included in the Vendor’s response to the solicitation described in Section 1.B above.