Common use of ACCEPTANCE OF GOODS Clause in Contracts

ACCEPTANCE OF GOODS. Distributor shall inspect Goods received under this Agreement. On the seventh working day after delivery of the Goods, Distributor shall be deemed to have accepted the Goods unless it earlier notifies SBA in writing and furnishes written evidence or other documentation as reasonably required by SBA that the Goods: (a) are damaged, defective, or otherwise do not conform to the make/model number listed in the applicable purchase order; or (b) were delivered to Distributor as a result of SBA’s error. If Distributor notifies SBA pursuant to this Section 6.3, then SBA shall determine, in its sole discretion, whether to replace the Goods or refund the price for the Goods. From time to time Distributor will advise SBA of its intent to return damaged goods. Distributor shall ship at Distributor’s expense and risk of loss, all goods to be returned, or replaced under this Section 6.3 to an SBA’s facility advised by SBA at that time. If SBA exercises its option to replace the Goods, SBA shall, after receiving Distributor’s shipment of the Goods under this provision, ship to Distributor, at either vendor’s or SBA’s expense and risk of loss, the replaced Goods to Distributor’s warehouse. Distributor acknowledges and agrees that the remedies set out in this Section 6.3 are its exclusive remedies, subject to Distributor’s rights under Section 11 regarding any Goods for which Distributor has accepted delivery under this Section 6.3. Except as provided under this Section 6.3 and Section 12, all sales of Goods to Distributor under this Agreement are made on a one-way basis and Distributor has no other right to return Goods purchased under this Agreement.

ACCEPTANCE OF GOODS. Distributor shall inspect Goods received under this Agreement. On the seventh working day after delivery of the Goods, Distributor shall be deemed to have accepted the Goods unless it earlier notifies SBA in writing and furnishes written evidence or other documentation as reasonably required by SBA that the Goods: (a) are damaged, defective, or otherwise do not conform to the make/model number listed in the applicable purchase order; or (b) were delivered to Distributor as a result of SBA’s error. If Distributor notifies SBA pursuant to this Section 6.3, then SBA shall determine, in its sole discretion, whether to replace the Goods or refund the price for the Goods. Slinger Bag Americas inc_Globeride IncDistribution AgreementFebruary 20, 2020 5 From time to time Distributor will advise SBA of its intent to return damaged goodsgoods to our supplier in China. Distributor shall ship at Distributoreither vendor’s or SBA’s expense and risk of lossofloss, all goods to be returned, or replaced under this Section 6.3 to an SBA’s facility advised by SBA at that time. If SBA exercises its option to replace the Goods, SBA shall, after receiving Distributor’s shipment of the Goods under this provision, ship to Distributor, at either vendor’s or SBA’s expense and risk of lossofl oss, the replaced Goods to Distributor’s ’ s warehouse. Distributor acknowledges and agrees that the remedies set out in this Section 6.3 are its exclusive remedies, subject to Distributor’s rights under Section 11 regarding any Goods for which Distributor has accepted delivery under this Section 6.3. Except as provided under this Section 6.3 and Section 12, all sales of Goods to Distributor under this Agreement are made on a one-way basis and Distributor has no other right to return Goods purchased under this Agreement.

ACCEPTANCE OF GOODS. Distributor shall inspect Goods received under this Agreement. On the seventh working day after delivery of the Goods, Distributor shall be deemed to have accepted the Goods unless it earlier notifies SBA in writing and furnishes written evidence or other documentation as reasonably required by SBA that the Goods: (a) are damaged, defective, or otherwise do not conform to the make/model number listed in the applicable purchase order; or (b) were delivered to Distributor as a result of SBA’s error. If Distributor notifies SBA pursuant to this Section 6.3, then SBA shall determine, in its sole discretion, whether to replace the Goods or refund the price for the Goods. From time to time Distributor will advise SBA of its intent to return damaged goods. Distributor shall ship at Distributor’s expense and risk of loss, all goods to be returned, or replaced under this Section 6.3 to an SBA’s facility advised by SBA at that time. If SBA exercises its option to replace the Goods, SBA shall, after receiving Distributor’s shipment of the Goods under this provision, ship to Distributor, at either vendor’s or SBA’s expense and risk of loss, the replaced Goods to Distributor’s warehouse. Distributor acknowledges and agrees that the remedies set out in this Section 6.3 are its exclusive remedies, subject to Distributor’s rights under Section 11 regarding any Goods for which Distributor has accepted delivery under this Section 6.3. Except as provided under this Section 6.3 and Section 12, all sales of Goods to Distributor under this Agreement are made on a one-way basis and Distributor has no other right to return Goods purchased under this Agreement.. Slinger Bag Americas Inc _ Framework Sports & Marketing Ltd 5 Distribution Agreement 20th May, 2020

ACCEPTANCE OF GOODS. Distributor shall inspect Goods received under this Agreement. On the seventh working day after delivery of the Goods, Distributor shall be deemed to have accepted the Goods unless it earlier notifies SBA in writing and furnishes written evidence or other documentation as reasonably required by SBA that the Goods: (a) are damaged, defective, or otherwise do not conform to the make/model number listed in the applicable purchase order; or (b) were delivered to Distributor as a result of SBA’s error. If Distributor notifies SBA pursuant to this Section 6.3, then SBA shall determine, in its sole discretion, whether to replace the Goods or refund the price for the Goods. From time to time Distributor will advise SBA of its intent to return damaged goods. Distributor shall ship at Distributor’s expense and risk of loss, all goods to be returned, or replaced under this Section 6.3 to an SBA’s facility advised by SBA at that time. If SBA exercises its option to replace the Goods, SBA shall, after receiving Distributor’s shipment of the Goods under this provision, ship to Distributor, at either vendor’s or SBA’s expense and risk of loss, the replaced Goods to Distributor’s warehouse. Distributor acknowledges and agrees that the remedies set out in this Section 6.3 are its exclusive remedies, subject to Distributor’s rights under Section 11 10 regarding any Goods for which Distributor has accepted delivery under this Section 6.3. Except as provided under this Section 6.3 and Section 12, all sales of Goods to Distributor under this Agreement are made on a one-way basis and Distributor has no other right to return Goods purchased under this Agreement.

ACCEPTANCE OF GOODS. Distributor shall inspect Goods received under this Agreement. On the seventh working third day after delivery of the Goods, Distributor shall be deemed to have accepted the Goods unless it earlier notifies SBA Seller in writing and furnishes written evidence or other documentation as reasonably required by SBA Seller that the Goods: (a) : are damaged, damaged or defective, ; or otherwise do not conform to the make/model number listed in the applicable purchase order; or (b) were delivered to Distributor as a result of SBASeller’s error. If Distributor notifies SBA pursuant to this Section 6.3, then SBA Then Seller shall determine, in its sole discretion, whether to repair or replace the Goods or refund the price for the Goods, together with all shipping expenses incurred by Distributor in connection therewith. From time to time Distributor will advise SBA of its intent to return damaged goods. Upon Seller’s request, Distributor shall ship at DistributorSeller’s expense and risk of lossexpense, all goods to be returned, repaired or replaced under this Section 6.3 to an SBASeller’s facility advised located at Hollywood, Florida, or any other location, within the United States, as specified by SBA at that timeSeller. If SBA Seller exercises its option to replace the Goods, SBA Seller shall, after receiving Distributor’s shipment of the Goods under this provision, have 15 days to inspect such Goods. Within 30 days after completion of inspection, Seller shall ship to Distributor, at either vendorSeller’s or SBA’s expense and risk of lossexpense, the replaced Goods to Distributor’s warehousethe Delivery Point. Distributor acknowledges and agrees that the remedies set out in this Section 6.3 6.3. are its exclusive remedies, subject to Distributor’s rights under Section 11 12 regarding any Goods for which Distributor has accepted delivery under this Section 6.3. In addition, insofar as some defects in packaged electronics may be undetectable from the initial inspection, Seller agrees to replace defective Goods returned to Distributor by its customers within 90 days from the time of purchase by such customer; provided, however, that this provision shall not include coils, which are a disposable and replaceable part unless such coil is alleged to have failed upon initial use and shows no sign of use. Except as provided under this Section Sections 6.3 and Section 12, all sales of Goods to Distributor under this Agreement are made on a one-way basis and Distributor has no other right to return Goods purchased under this Agreement.