Common use of Acceptance of Shipments Clause in Contracts

Acceptance of Shipments. Alien shall give notice to Impinj (and the carrier where appropriate) of discrepancies between Product ordered and delivered, and of damage to the Product within eleven (11) business days of delivery to the Delivery Point. Lacking such notice, Alien shall be deemed to have received the Product as invoiced, provided however that receipt shall not mean Acceptance. Alien shall accept (“Acceptance” or “Accepted”) or reject Products included in each shipment within sixty (60) days from delivery. If Alien fails to notify Impinj in writing of its rejection and the reasons thereof within such time period, Alien will be deemed to have Accepted such shipment. Product may be returned to Impinj only after prior notification and subsequent authorization upon receipt of a return material authorization number issued by Impinj, provided however that the Acceptance period shall be extended on a day by day basis to the extent Impinj fails to timely provide return authorization. No credit allowances for defective Product will be made or replacements therefore shipped until Impinj’s examination of the Products shall disclose that such alleged deficiencies actually exist and were not caused by any die cutting, assembly process, post-processing of any Product after delivery (including without limitation Alien’s “Fluidic Self Assembly” process), accident, misuse, neglect, alteration, improper installation, unauthorized repair or improper testing that was not authorized or directed by Impinj. Acceptance of Product shall not modify or otherwise change the applicable Product warranties, and Acceptance shall not constitute a waiver of such Product warranties. *** Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission.