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.
Use of Products 3.28.1 In the performance of this Agreement, Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (i) competitively within a timeframe providing for compliance with the contract performance schedule; (ii) meeting contract performance requirements; or (iii) at a reasonable price. 3.28.2 Consultant shall abide by the list of EPA-designated items available on EPA’s Comprehensive Procurement Guidelines web site: ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/smm/comprehensive-procurement-guideline-cpg-program.
Sale of Products Subject to this Agreement, Neuronetics will sell to Customer, and Customer will purchase from Neuronetics, all Products set forth on any Sales Order. Except for the initial Sales Order, Customer may purchase additional Products by submitting a Sales Order to Neuronetics. Sales Orders are not binding until signed by Neuronetics. CUSTOMER AGREES THAT NEURONETICS’ THEN-CURRENT VERSION OF THIS AGREEMENT IS INCORPORATED INTO ALL SALES ORDERS BY REFERENCE AND MADE A PART THEREOF AS IF SET FORTH IN FULL THEREIN. IN THE EVENT OF A CONFLICT BETWEEN THIS AGREEMENT AS IT EXISTS ON THE DATE ON WHICH CUSTOMER EXECUTES ANY SALES ORDER AND ANY SUBSEQUENT VERSION OF THIS AGREEMENT, THE SUBSEQUENT VERSION OF THIS AGREEMENT WILL CONTROL. FOR THE AVOIDANCE OF DOUBT, NEURONETICS IN ITS SOLE DISCRETION MAY MODIFY OR AMEND THIS AGREEMENT FROM TIME TO TIME, IN WHICH CASE THE MODIFIED OR AMENDED VERSION, AS MADE AVAILABLE TO CUSTOMER AT THE T&Cs WEBSITE OR OTHERWISE, WILL CONTROL. Products are new unless otherwise indicated on the applicable Sales Order; provided, that Products may contain components that have previously been used and, where previously used components are used, Products will meet or exceed the Specifications.
Supply of Products 3.1 The Supplier warrants that the Products shall: (a) correspond with their description and any applicable Product Specification; (b) conform in all respects with the Order and any relevant sample; (c) be of satisfactory quality and fit for any purpose held out by the Supplier or made known to the Supplier by Ornua, expressly or by implication, and in this respect Ornua relies on the Supplier's skill and judgement; (d) be manufactured by properly trained and qualified personnel using all reasonable skill, care and diligence and in a good and workmanlike manner; (e) where they are manufactured products, be free from defects in design, materials and workmanship and remain so for the period set out in the Product Specification or, if none is specified, for at least 12 months after delivery; (f) comply with all applicable statutory and regulatory requirements relating to the manufacture, labelling, packaging, storage, handling and delivery of the Products; (g) comply with all relevant standards including any UK Standards, European Standards or International Standards applicable in the UK and the country or State where the Products are to be used; and (h) in the case of Products containing food stuffs, when delivered to Ornua, comply with all applicable food and hygiene legislation and regulations and best industry practice. 3.2 The Supplier shall ensure that at all times it has and maintains all licences, permissions, authorisations, consents and permits needed to carry out its obligations under the Contract in respect of the supply of Products. Breach of this Condition shall be deemed a material breach of the Contract. 3.3 Ornua may inspect and test the Products at any time before delivery. The Supplier shall remain fully responsible for the Products despite any such inspection or testing and any such inspection or testing shall not reduce or otherwise affect the Supplier's obligations under the Contract. 3.4 If following such inspection or testing Ornua considers that the Products do not comply or are unlikely to comply with the Supplier's undertakings at clause 3.1, Ornua shall inform the Supplier and the Supplier shall immediately take such remedial action as is necessary to ensure compliance. 3.5 Ornua may conduct further inspections and tests after the Supplier has carried out its remedial actions.
Other Products If you ask, we will provide you with information on any other home equity products we offer.