Acceptance and return of merchandise Sample Clauses

Acceptance and return of merchandise. Because the merchandise travels at the Customer’s risk and peril, in the event of damaged or missing merchandise it is the Customer’s responsibility to make any necessary objections and to confirm its reservations to the transporter within the legal time limit by registered letter with return receipt requested. Without prejudice to the foregoing provisions concerning the transporter, the Customer must ensure, upon receipt and before beginning to use the equipment, that the equipment delivered complies with its order and with the delivery slip included in the shipment, and that there are no apparent defects or problems. Claims relating to apparent defects or problems, or to non-compliance with an order, must be made in writing on the delivery slip and confirmed to the Seller by registered letter with return receipt requested within 8 days following receipt. The delivery slip shall be conclusive evidence of the date of receipt. It shall be the Customer’s responsibility to provide documentation proving the defects that it asserts. Any claim relating to the functioning of the equipment delivered must be duly supported. After the 8-day period, the claim will be considered late and will no longer be enforceable against the Seller. In any event, the Customer must take all measures necessary to preserve its recourse against the transporter. The costs of reviewing unjustified or insufficiently supported claims shall be borne by the Customer. The Customer may not conduct such review itself or contract with a third party for that purpose. Rather, it must give the Seller full latitude to make its findings as to the problems, defects, or missing parts, and to remedy the issue. In the event of an acknowledged defect, the Seller’s liability shall be limited to the replacement or repair of the purchased goods, to the exclusion of any indemnification. If the Customer does not notify the Seller of any apparent defects within the time limit and in accordance with the procedures set forth above, it shall have no recourse. Merchandise may be returned only pursuant to a prior written agreement between the Seller and the Customer. In the absence of such an agreement, returned merchandise shall be held for the Customer and shall not give rise to any refund, exchange, or credit. In the absence of the Seller’s written agreement to the contrary, the costs and risks of returns shall be borne solely by the Customer. The merchandise must be returned Carriage Paid.
Sample 1
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Related to Acceptance and return of merchandise

  • RESTOCKING (EXCHANGES AND RETURNS) There will be no restocking charge to the Customer for return or exchange of any item purchased under the terms of any award. If the Customer wishes to return items purchased under an awarded contract, the Contractor agrees to exchange, these items for other items, with no additional charge incurred. Items must be returned to Contractor within thirty (30) days from date of delivery. If there is a difference in price in the items exchanged, the Contractor must notify H-GAC and invoice Customer for increase price or provide the Customer with a credit or refund for any decrease in price per Customer’s preference. On items returned, a credit or cash refund will be issued by the Contractor to Customer. This return and exchange option will extend for thirty (30) days following the expiration of the term of the Contract. All items returned by the Customer must be unused and in the same merchantable condition as when received. Items that are special ordered may be returned only upon approval of the Contractor.

  • State Sales and Use Taxes The Owner qualifies for exemption from certain State and Local Sales and Use Taxes pursuant to the provisions of Tex. Tax Code, Chapter 151. The Contractor may claim exemption from payment of applicable State taxes by complying with such procedures as prescribed by the State Comptroller of Public Accounts. Contractor shall not be entitled to reimbursement for taxes paid on items that are exempt from taxation.

  • DEVELOPMENT OR ASSISTANCE IN DEVELOPMENT OF SPECIFICATIONS REQUIREMENTS/ STATEMENTS OF WORK Firms and/or individuals that assisted in the development or drafting of the specifications, requirements, statements of work, or solicitation documents contained herein are excluded from competing for this solicitation. This shall not be applicable to firms and/or individuals providing responses to a publicly posted Request for Information (RFI) associated with a solicitation.

  • Termination and Return of Materials Within five (5) days of the end of the term of this Agreement or receipt of notice of termination by the MLS, the Receiving Party will return to the MLS all Confidential Information and all other materials provided by the MLS to the Receiving Party. The Receiving Party will also erase, delete, or destroy any Confidential Information stored on magnetic media on other computer storage, including system backups. Upon the request of the MLS, an officer of the Receiving Party will certify in writing that all materials have been returned to the MLS and all magnetic or computer data has been destroyed.

  • Ownership, Use and Return of Offering Materials The Offering Materials shall continue to be the property of the Owner and HFF. The Offering Materials will be used by the Potential Investor solely for the purpose of evaluating the possible acquisition of the Property and not for any purpose unrelated to the possible acquisition of the Property. The Offering Materials may not be copied or duplicated without the Owner's and HFF’s prior written consent, and must be returned to HFF (or with HFF’s permission, destroyed by Potential Investor and any Related Party, and in such instance Potential Investor shall certify in writing to HFF and Owner that such information has been so destroyed) immediately upon request or when the Potential Investor declines to make an offer for the Property or terminates any discussions or negotiations with respect to the Property.

  • Sales and Use Taxes Professional Business Manager and the Practice acknowledge and agree that to the extent that any of the services to be provided by Professional Business Manager hereunder may be subject to any state sales and use taxes, Professional Business Manager may have a legal obligation to collect such taxes from the Practice and to remit the same to the appropriate tax collection authorities. The Practice agrees to have applicable state sales and use taxes attributable to the services to be provided by Professional Business Manager hereunder treated as an Office Expense.

  • Creative Commons Attribution-Non-Commercial-NoDerivs License The Creative Commons Attribution Non-Commercial-NoDerivs License (CC-BY-NC-ND) permits use, distribution and reproduction in any medium, provided the original work is properly cited, is not used for commercial purposes and no modifications or adaptations are made. (see below) Use by commercial "for-profit" organizations Use of Wiley Open Access articles for commercial, promotional, or marketing purposes requires further explicit permission from Wiley and will be subject to a fee. Further details can be found on Wiley Online Library xxxx://xxxxxxx.xxxxx.xxx/WileyCDA/Section/id-410895.html Other Terms and Conditions:

  • Information Technology Enterprise Architecture Requirements If this Contract involves information technology-related products or services, the Contractor agrees that all such products or services are compatible with any of the technology standards found at xxxxx://xxx.xx.xxx/iot/2394.htm that are applicable, including the assistive technology standard. The State may terminate this Contract for default if the terms of this paragraph are breached.

  • Participating State Modifications or Additions to Master Agreement These modifications or additions apply only to actions and relationships within the Participating State. The following changes are modifying or supplementing the Master Agreement terms and conditions.

  • Operating and Maintenance Costs The Participating Generator shall be responsible for all its costs incurred in connection with operating and maintaining the Generating Units identified in Schedule 1 for the purpose of meeting its obligations under this Agreement.

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