REPLACEMENT PRODUCT AND PRODUCT ADDITIONS Sample Clauses

The "Replacement Product and Product Additions" clause defines the terms under which new or substitute products may be introduced into an existing agreement. It typically outlines the process for adding new products to the contract or replacing discontinued or obsolete items, including any necessary approvals or notifications between the parties. This clause ensures that the agreement remains current and relevant by allowing for flexibility in the product lineup, thereby addressing issues that may arise from product changes over time.
REPLACEMENT PRODUCT AND PRODUCT ADDITIONS to offer a Product other than the referenced Product, or a Compatible Equivalent not previously approved for inclusion on the Contract Pricelist.
REPLACEMENT PRODUCT AND PRODUCT ADDITIONS. A. The State may permit the Contractor to offer a replacement Product if the Base Item, Optional Equipment or Additional Body Sections awarded is discontinued, replaced, or made unavailable by the OEM during the life of the Contract. The Contractor must offer replacement Product at net prices that are equal to the NYS Contract Price for the applicable Base Item, Optional Equipment or Additional Body Section that was awarded, or less Requests to offer replacement Product shall be submitted to OGS on Appendix C: School Bus Contract Documents, Number 5: Contract Modification Procedure, and shall include the following: 1. Complete identification of the Product it is offering by trade name, brand and/or model number; 2. Descriptive literature and data with respect to the substitute Product it proposes to furnish; and 3. Indication any known specification deviations from the awarded Product. B. The State may permit the Contractor to add School Buses, additional fuel type Base Items, and Optional Equipment to the Contract Pricelist during the life of the Contract. Such Product additions shall be limited to: 1. Additional fuel types, (e.g., LPG, CNG, hybrid), for an OEM Chassis Model/Body Model combination awarded to the Contractor for an Item; 2. OEM Chassis Model/Body Model combinations that have not previously been awarded for an Item to any Contractor. Product additions must meet the minimum requirements and specifications of IFB 23000; and 3. Optional Equipment not previously awarded to the Contractor for an Item. A Contractor may request OGS consideration of Product additions by submitting a Contract Modification Form (see Appendix C: School Bus Contract Documents, Number 5: Contract Modification Procedure) to the OGS Contract Administrator identified in the Contract.
REPLACEMENT PRODUCT AND PRODUCT ADDITIONS. The State may permit the Contractor to offer a replacement Product if the Base Item, Optional Equipment or Additional Body Sections awarded is discontinued, replaced, or made unavailable by the OEM during the life of the Contract. The Contractor must offer replacement Product at net prices that are equal to the NYS Contract Price for the applicable Base Item, Optional Equipment or Additional Body Section that was awarded, or less Requests to offer replacement Product shall be submitted to OGS using Appendix C -Contract Modification Procedure) and shall include the following: 1. Complete identification of the Product it is offering by trade name, brand and/or model number; 2. Descriptive literature and data with respect to the substitute Product it proposes to furnish; and 3. Indication any known specification deviations from the awarded Product. The State may permit the Contractor to add School Buses additional fuel type Base Items, and Optional Equipment to the Contract Pricelist during the life of the Contract. Such Product additions shall be limited to: 1. Additional fuel types, (e.g., LPG, CNG, hybrid), for an OEM Chassis Model/Body Model combination awarded to the Contractor for an Item; 2. OEM Chassis Model/Body Model combinations that have not previously been awarded for an Item to any Contractor. Product additions must meet the minimum requirements and specifications of IFB #23254; and 3. Optional Equipment not previously awarded to the Contractor for an Item. A Contractor may request OGS consideration of Product additions by submitting a Contract Modification Form (see Appendix C -Contract Modification Procedure) to the OGS Contract Administrator identified in the Contract.

Related to REPLACEMENT PRODUCT AND PRODUCT ADDITIONS

  • Product NYISO will provide Energy Resource Interconnection Service and Capacity Resource Interconnection Service to Developer at the Point of Interconnection.

  • SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 4.12.1 Shop Drawings are drawings, diagrams, schedules and other, data specially prepared for the Work by the Contractor or any Subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 4.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate a material, product or system for some portion of the Work. 4.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 4.12.4 The Contractor shall review, approve and submit, with reasonable promptness and in such sequence as to cause no delay in the Work or in the work of the State or any separate contractor, all Shop Drawings, Product Data and Samples required by the Contract Documents. 4.12.5 By approving and submitting Shop Drawings, Product Data and Samples, the Contractor represents that he / she has determined and verified all materials, field measurements, and field construction criteria related thereto, or will do so, and that he / she has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 4.12.6 The Contractor shall not be relieved of responsibility for any deviation from the requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data or Samples under Subparagraph 2.2.7 of these General Conditions unless the Contractor has specifically informed the Architect and the State in writing of such deviation at the time of sub- mission and the Architect and the State has given written approval to the specific deviation. The Contractor shall not be relieved from responsibility for errors or omissions in the Shop Drawings, Product Data or Samples by the Architect's approval thereof. 4.12.7 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data or Samples, to revisions other than those requested by the Architect on previous submittals. 4.12.8 No portion of the Work requiring submission of a Shop Drawing, Product Data or Sample shall be commenced until the submittal has been approved by the Architect as provided in Subparagraph 2.2.7 of these General Conditions. All such portions of the Work shall be in accordance with approved submittals.

  • Product Warranty and Product Liability Schedule 3.20 contains true, correct and complete copies of each of Company's and the Subsidiaries' standard product warranty or warranties (as hereinafter defined) in effect as of the date of this Agreement. Schedule 3.20 sets forth a true, correct and complete list of customer complaints for each of the four (4) preceding fiscal years. Schedule 3.20 contains a description of all product liability claims and similar Litigation relating to products manufactured or sold, or services rendered, which are presently pending or which, to VENA's knowledge, are threatened (whether or not covered by insurance). There are no defects in design, construction or manufacture of Products manufactured since January 1, 2000 which would materially adversely affect performance or create an unusual risk of injury to persons or property. None of the Products manufactured since January 1, 2000 has been the subject of any replacement, field fix, retrofit, modification or recall campaign by Company or any of the Subsidiaries and, to VENA's knowledge, no facts or conditions exist which could reasonably be expected to result in such a recall campaign. The Products have been designed and manufactured so as to meet and comply with all publicly available governmental standards and specifications in effect when they were designed or manufactured. The Products manufactured since January 1, 2000 have received all governmental approvals necessary to allow their sale and use. None of the Products manufactured, installed, fabricated, sold, supplied, produced, distributed, released, marketed or disposed of within Mexico, in each case prior to the Closing Date, by Company or any of the Subsidiaries contains or has contained or includes or has included asbestos in any manner or respect; provided, however, that VENA makes no representation or warranty with respect to (i) any claims alleging exposure to Products that contain or include, or have contained or included, asbestos that are brought in any jurisdiction other than Mexico and (ii) the subsequent manufacture, installation, fabrication, sale, supply, production, distribution, release, marketing, disposal or other use of the Products, or any exposure in connection therewith, outside of Mexico by any third parties. As used in this Section 3.20, the term "

  • Product Warranty Seller provides general warranties of fitness and general warranties that the goods are free from defects, for 1 year from acceptance of the goods, except as may otherwise be set forth in the Description/Proposal, or other attached warranty.

  • Product Recalls (a) If either Party reasonably decides or is required by any government authority or court of competent jurisdiction, to initiate a product recall, withdrawal or field correction with respect to, or if there is any governmental seizure of, the Product, the Party initiating or required to initiate such action will notify the other Party promptly of the details regarding such action, including providing copies of all relevant documentation concerning such action. The Parties will assist each other in investigating any such situation and all regulatory contacts that are made and all activities concerning seizure, recall, withdrawal or field correction will be jointly coordinated by HSL and LMI. (b) If any such recall, withdrawal, field correction or seizure occurs due solely to (i) failure of any Product produced by HSL hereunder to conform to Specifications (including, without limitation, being adulterated or misbranded) or any warranty or other requirement set forth in this Agreement, (ii) the failure of HSL to comply in all material respects with any applicable law, rule, regulation, guideline, standard, court order or decree or (iii) the negligent or intentional wrongful act or omission of HSL in connection with the production of Product hereunder, then HSL shall bear the **** of any such seizure, recall, withdrawal or field correction and shall reimburse LMI for its ****, including any purchase price payments made to HSL and related taxes to the extent related to such recalled Product. To the extent any such recall, withdrawal, field correction or seizure occurs for any reason other than that set forth in the immediately preceding sentence, then LMI shall bear the **** of any such seizure, recall, withdrawal or field correction. If both HSL and LMI contribute to the cause of a seizure, recall, withdrawal or field correction, the cost and expense thereof will be shared in proportion to each Party’s contribution to the problem. For the purposes of this Agreement, the expenses of any recall, withdrawal, field correction or seizure shall include, without limitation, the out-of-pocket expenses of notification and destruction or return of the recalled Product and all other out-of-pocket costs incurred in connection with such recall but shall not include a Party’s lost profits. HSL’s reimbursement for the costs of LMI Materials related to such recall, withdrawal or field correction is limited by Section 5.6(c).