Provision of Products Clause Samples
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Provision of Products. 2.1 Fluidvalves will provide and Order of Confirmation for all orders accepted but reserves the right to accept or reject any order.
2.2 Fluidvalves will use all reasonable endeavours to provide the Products as described in the Order Confirmation.
2.3 Where an order is placed orally or in the event of any dispute as to the Order, the Order Confirmation shall be deemed as the authoritative Order.
2.4 Fluidvalves reserve the right to use a third party courier companies to deliver Products as described in the Order Confirmation.
2.5 The Customer is responsible for ensuring a comprehensive feedback in terms of clause 3.3 hereunder. Fluidvalves shall carry our minor changes requested by the Customer with regards to the Completion of the Design Spec only. However, in the event that the Customer requires a material change (in respect of which Fluidvalves shall be the sole arbiter) to any aspect of the Service, additional charges may be payable by the Customer.
Provision of Products. This Agreement does not create any obligation on the part of either Party to provide its Product for any activities other than the Development activities for the Combination Therapy as set forth in the Development Plan.
Provision of Products. Upon execution of this Agreement, SunnComm shall provide to MM one copy of each of the Products for use in accordance with this Agreement and shall provide to MM one copy of all additional Products at the time of development.
Provision of Products. Keyloop shall provide the Products materially in accordance with the Product Specifications and shall perform the Services with reasonable care and skill.
Provision of Products. III grants AirTouch the right to market and sell the Products to AirTouch's prospects and customers. III shall provide the Products as set forth in Appendix B to Subscribers with modifications from time to time as mutually determined and agreed to in writing by the parties hereto. III will provide reasonable feedback to AirTouch on use of the Products by Subscribers.
Provision of Products. (a) Products shall only be provided by Altiatech when the Customer has provided a signed purchase order, unless otherwise agreed by the parties in writing.
(b) Altiatech shall perform the Services with reasonable skill and care consistent with the standards and practices to be expected of a reputable provider of IT services.
(c) Altiatech shall only provide additional Products to the Customer where it agrees with the Customer to do so in writing (which may be by email). Any such Products will be charged to and paid for by the Customer in addition to the original charges and in accordance with Altiatech’s standard rates in force from time to time and/or as agreed in writing by the Parties prior to provision of any such additional Products.
(d) The Customer acknowledges and agrees that the provision of the Products is dependent upon the co-operation and assistance of the Customer and that, in the event of any delays in the Customer’s provision of such assistance as is reasonably necessary and/or as has been agreed in writing by the Parties, Altiatech may adjust any timetable or delivery schedule set out in this Agreement as reasonably necessary, including but without limitation, the date on which any services are to commence or be completed.
(e) The Customer acknowledges that in the provision of the professional services, Altiatech is not providing legal, financial, tax, accounting or other professional advice.
(f) The Customer acknowledges that the provision of strategic advice is for general, indicative and advisory purposes only and is based on the assumptions and information available to Altiatech at the time the advice is given and so no responsibility or liability can be taken by Altiatech for any loss or damage caused to the Customer in reliance on that strategic advice.
(g) Altiatech will comply with the Customer’s policies that are provided by the Customer in writing to Altiatech in advance and agreed in writing by Altiatech, including but without limitation those that apply to persons who are allowed access to the applicable Customer’s Locations and any health and safety requirements in relation to such persons/access, such policies not to restrict Altiatech’s ability to provide the Services in accordance with this Agreement.
(h) In order to ensure Altiatech is able to provide the Products in accordance with this Agreement, the Customer shall provide Altiatech with: all necessary co-operation in relation to the subject matter of the Agreement inclu...
Provision of Products. Access. Subject to Subscriber's payment of the fees in one or more Proposals, Anitian will provide Subscriber access to Products and/or Software. On or as soon as reasonably practicable after the Effective Date, but no later than within three (3) business days, Anitian shall provide to Subscriber the necessary passwords, security protocols and policies and network links or connections and Access Protocols to allow Subscriber and its Authorized Users to access the Products in accordance with the Access Protocols. Responsibility for Products and Content Hosting. Subscriber shall, at its own expense, provide for the hosting of the Platform which is accessible as part of the Product. Unless otherwise set forth on a Proposal, Subscriber is responsible for providing and using credentials for all Product components. The Subscriber shall receive a separate ▇▇▇▇ for charges and fees imposed by the provider of Cloud Service Providers and/or Third Party Products. Subscriber Credentials. Subscriber may elect to provide Anitian access to keys, credentials, or passwords ("Credentials") to access Subscriber's applications and/or technology infrastructure. By providing Anitian any such Credentials, Subscriber authorizes Anitian to use those Credentials and to access Subscriber applications and infrastructure for the purpose of providing Software under this Agreement. Any such access right is at all times subject to and conditioned upon Anitian’s full compliance with Subscriber’s access and security standards and policies, which Subscriber shall provide to Anitian in writing.
Provision of Products. Subject to the terms and conditions of this MSA, FAI will provide Client with the online software-as-a-service products and services on a subscription basis for the applicable subscription term set forth in the Order Form (“Subscription Term”) , and such other products and services, as more particularly described in an order form (each, an “Order Form”)(collectively, the “FAI Product(s)”). FAI Products include FAI Software (as defined below). Each Order Form will be incorporated into, and is fully governed by, this MSA upon execution of the Order Form by both parties. In the event of any conflict or inconsistency between this MSA and an Order Form, this MSA shall control, unless the Order Form expressly amends this MSA.
Provision of Products. (HARDWARE AND SOFTWARE)
4.1. The Customer acknowledges and agrees that Aspen Solutions relies on the supply of the Products to it by third party providers of Products and that it is reasonable that the supply of Products to the Customer by Aspen Solutions by a specified date shall not be of the essence of the Agreement.
4.2. Any hardware Product shall be delivered by Aspen Solutions to the delivery address provided by the Customer (the “Delivery Address”). The risk of loss and/or damage to the Product passes to Customer at the time of delivery by or on behalf of Aspen Solutions to the Delivery Address.
4.3. Title to the Product shall be retained by Aspen Solutions (or any applicable third-party vendor) until payment in full is made by the Customer for the relevant Product in accordance with this Agreement. Products delivered to the Customer with retention of title may not be resold, pledged, or proposed as security for a claim of a third party
4.4. Aspen Solutions may make Product(s) substitutions and modifications that do not cause a material adverse effect in overall Product performance (and any such substitution or modification shall not amount to a Change).
4.5. The Customer shall immediately check the Product(s) delivered for deficiencies in quantity and for external damage to the packaging and indicate any deficiencies and/or damage on the accompanying transport documents. Failure by the Customer to make such indication shall render any claims relating to quantity or damage (other than for latent damage) null and void.
4.6. The Customer will have three (3) working days after delivery of hardware Products at the Delivery Address to inspect and test the Products. In the absence of any written notice to Aspen Solutions reporting any defects, Products will be deemed accepted by Customer three (3) working days after receipt at the Delivery Address. If Aspen Solutions installs the Products for the Customer, acceptance will be deemed to occur upon successful completion of the manufacturer’s standard diagnostic testing by Aspen Solutions of the installed Product(s). If a defect is reported to Aspen Solutions within the period specified above, the provisions below will apply.
4.7. Aspen Solutions warrants that it will use its reasonable endeavours to assign to, or procure for the benefit of the Customer, any warranties generally made available by any third-party manufacturer or vendor of the Products. Save as expressly provided in the Agreement Aspen Solution...
Provision of Products. Upon execution of this Agreement, Intragen shall provide to Company a reasonable supply of demonstration copies of the Software for use solely in accordance with Section 3.1.2 hereof.