Common use of Buyer’s Exclusive Remedy for Defective Goods Clause in Contracts

Buyer’s Exclusive Remedy for Defective Goods. Notwithstanding any other provision of this Agreement (except for Section 9.4), this Section 9.3 contains Buyer’s exclusive remedy for Defective Goods. Buyer’s remedy under this Section 3 is conditioned upon Buyer’s compliance with its obligations under Section 9.3a and Section 9.3b, below. During the Warranty Period, with respect to any allegedly Defective Goods: a. Buyer shall notify Seller, in writing, of any alleged claim or defect within seven days from the date Buyer discovers, or upon reasonable inspection should have discovered, such alleged claim or defect; b. Buyer shall ship, at its expense and risk of loss, such allegedly Defective Goods to Seller’s facility located at Pigeon, Michigan for inspection and testing by Seller; c. If Seller’s inspection and testing reveals, to Seller’s reasonable satisfaction, that such Goods are Defective and any such defect has not been caused or contributed to by any of the factors described under Section 9.2, Seller shall in its sole discretion, and at its expense (subject to Section 9.3b and Section 9.3d), (i) replace such Defective Goods, or (ii) credit or refund the Price of such Defective Goods less any applicable discounts, rebates or credits; d. If Seller exercises its option to replace, Seller shall, after receiving Buyer’s shipment of such Defective Goods, ship to Buyer, at Seller’s expense, the replaced Goods to the delivery destination. Buyer has no right to replacement, credit, or refund any Goods except as set forth in this Section 9.3 (or if otherwise applicable, Section 3.5). In no event shall Buyer reconstruct, repair, alter, or replace any Goods, in whole or in part, either itself or by or through any third party.

Buyer’s Exclusive Remedy for Defective Goods. Notwithstanding any other provision of this Agreement (except for Section 9.4)Agreement, this Section 9.3 8.3 contains Buyer’s exclusive remedy for Defective Goods. Buyer’s remedy under this Section 3 is conditioned upon Buyer’s compliance with its obligations under Section 9.3a and Section 9.3b, below. During the Warranty Period, with respect to any allegedly Defective Goods: a. , Buyer shall shall: (a) notify Seller, in writing, of any alleged claim or defect within seven 5 days from the date Buyer discovers, or upon reasonable inspection should have discovered, such alleged claim or defect; b. Buyer shall defect (but in any event before the expiration of the applicable Warranty Period); and (b) ship, at its expense and risk of loss, such allegedly Defective Goods to Seller’s facility located at Pigeonin Scottsdale, Michigan Arizona for inspection and testing by Seller; c. . If Seller’s inspection and testing reveals, to Seller’s reasonable satisfaction, that such Goods are Defective and any such defect has not been caused or contributed to by any of the factors described under Section 9.28.2, then Seller shall in its sole discretion, and at its expense reimburse Buyer for return shipping costs and: (subject to Section 9.3b and Section 9.3d), (ia) repair or replace such Defective Goods, or ; and (iib) credit or refund the Price of such Defective Goods less any applicable discounts, rebates or credits; d. If Seller exercises its option to replace, Seller shall, after receiving Buyer’s shipment of such Defective Goods, ship to Buyer, at Seller’s expense, the repaired or replaced Goods to the delivery destinationDelivery Location or, only at Seller’s option, Seller may refund to Buyer such amount paid by Buyer to Seller for such Nonconforming Goods returned by Buyer to Seller. Buyer has no right to return for repair, replacement, credit, credit or refund any Goods Good except as set forth in this Section 9.3 8.3 (or if otherwise applicable, Section 3.54.3). In no event shall Buyer reconstruct, repair, alter, alter or replace any GoodsGood, in whole or in part, either itself or by or through any third party. THIS SECTION 8.3 SETS FORTH BUYER’S SOLE REMEDY AND SELLER’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED PRODUCT WARRANTY SET FORTH IN SECTION 8.1.

Buyer’s Exclusive Remedy for Defective Goods. Notwithstanding any other provision of this Agreement (except for Section 9.4)Agreement, this Section 9.3 13.03 contains Buyer’s sole and exclusive remedy and warranty for Defective Goods. Buyer’s remedy under this Section 3 13.03 is conditioned upon Buyer’s compliance with its obligations under Section 9.3a 13.03(a) and Section 9.3b, 13.03(b) below. During the Warranty Period, with respect to any allegedly Defective Goods: a. (a) Buyer shall notify Seller, in writing, of any alleged claim or defect within seven days a reasonable amount of time from the date Buyer discovers, or upon reasonable inspection should have discovered, such alleged claim or defectdefect (but in any event before the expiration of the applicable Warranty Period); b. (b) Buyer shall ship, at its expense and risk of lossSeller’s expense, such allegedly Defective Goods to Seller’s facility located at Pigeon, Michigan the address set forth in Section 16.03 below for inspection and testing by Seller; c. (c) If Seller’s inspection and testing reveals, to Seller’s reasonable satisfaction, reveals that such Goods are Defective and any such defect has not been caused or contributed to by any of the factors described under Section 9.213.02, Seller shall in its sole discretionshall, and at its expense (subject to Section 9.3b 13.03(b) and Section 9.3d13.03(d)), (i) repair or replace such Defective GoodsGoods within a reasonable amount of time, or (ii) credit or refund the Price of such Defective Goods less any applicable discounts, rebates or creditscredits within a reasonable amount of time; d. If Seller exercises its option to replace, (d) Seller shall, after receiving Buyer’s shipment of such Defective GoodsGoods pursuant to Section 13.03(c)(1) above, ship to Buyer, at Seller’s expense, the repaired or replaced Goods to the delivery destination. Buyer has no right to replacement, credit, or refund any Goods except as set forth in this Section 9.3 (or if otherwise applicable, Section 3.5). In no event shall Buyer reconstruct, repair, alter, or replace any Goods, in whole or in part, either itself or by or through any third party.

Buyer’s Exclusive Remedy for Defective Goods. Notwithstanding any other provision of this Agreement (except for Section 9.4Section 14.06), this Section 9.3 Section 14.03 contains Buyer’s 's exclusive remedy for Defective Goods. Buyer’s 's remedy under this Section 3 Section 14.03 is conditioned upon Buyer’s 's compliance with its obligations under Section 9.3a Section 14.03(a) and Section 9.3b, Section 14.03(b) below. During the Warranty Period, with respect to any allegedly Defective Goods: a. Buyer (a) Xxxxx shall notify Seller, in writing, of any alleged claim or defect within seven days 5 Business Days from the date Buyer discovers, or upon reasonable inspection should have discovered, such alleged claim or defectdefect (but in any event before the expiration of the applicable Warranty Period); b. (b) Buyer shall ship, at its expense and risk of loss, such allegedly Defective Goods to Seller’s 's facility located at Pigeon0000 XX-000 Xxxxxxx, Michigan for XX 0000?for inspection and testing by Seller; c. (c) If Seller’s 's inspection and testing reveals, to Seller’s 's reasonable satisfaction, that such Goods are Defective and any such defect has not been caused or contributed to by any of the factors described under Section 9.2Section 14.02, Seller shall in its sole discretion, and at its expense (subject to Section 9.3b Section 14.03(b) and Section 9.3dSection 14.03(d)), (i) repair or replace such Defective Goods, or (ii) credit or refund the Price of such Defective Goods less any applicable discounts, rebates or credits; d. (d) If Seller exercises its option to repair or replace, Seller shall, after receiving Buyer’s 's shipment of such Defective Goods, ship to Buyer, at Seller’s 's expense, the repaired or replaced Goods to the delivery destinationa location designated by Seller. Buyer has no right to return for repair, replacement, credit, or refund any Goods except as set forth in this Section 9.3 Section 14.03 (or if otherwise applicable, Section 3.5Section 6.05). In no event shall Buyer reconstruct, repair, alter, or replace any Goods, in whole or in part, either itself or by or through any third party. THIS Section Section 14.03 SETS FORTH THE BUYER'S SOLE AND EXCLUSIVE REMEDY AND SELLER'S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN Section Section 14.01.

Buyer’s Exclusive Remedy for Defective Goods. Notwithstanding any other provision of this Agreement (except for Section 9.4), this Section 9.3 contains Buyer’s exclusive remedy for Defective Goods. Buyer’s remedy under this Section 3 is conditioned upon Buyer’s compliance with its obligations under Section 9.3a and Section 9.3b, below. During If BMA determines that the Warranty Period, with respect to any allegedly Defective Goods: a. Buyer shall notify Seller, in writing, of any alleged claim or defect within seven days from the date Buyer discovers, or upon reasonable inspection should have discovered, such alleged claim or defect; b. Buyer shall ship, at its expense and risk of loss, such allegedly Defective Goods to Seller’s facility located at Pigeon, Michigan for inspection and testing by Seller; c. If Seller’s inspection and testing reveals, to Seller’s reasonable satisfaction, that such Goods are Defective defective and any such defect has not been caused or contributed to by any of the factors described under in Section 9.216.1, Seller shall BMA shall, in its sole discretion, discretion and at its expense expense, either (subject to Section 9.3b and Section 9.3d), (ia) repair or replace such Defective Goods, Goods and the Goods Warranty Period for such repaired or replaced Goods shall be the longer of three (3) months from the date of such repair or replacement or the expiration of the Goods Warranty Period; or (iib) credit or refund the Price of such Defective Goods less any applicable discountsat the pro rata contract rate provide that, rebates or credits; d. If Seller exercises its option to replaceif BMA so requests, Seller Buyer shall, after receiving Buyer’s shipment of such Defective Goods, ship to Buyer, at SellerBMA’s expense, the replaced return such Goods to the delivery destinationBMA. Buyer has no right to replacementTO THE EXTENT PERMITTED BY LAW, creditTHIS SECTION 16.4 SETS FORTH BUYER’S SOLE AND EXCLUSIVE REMEDY AND BMA’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 16.1. AND FOR ANY AND ALL LOSSES, or refund any Goods except as set forth in this Section 9.3 INJURIES, OR DAMAGES CONCERING THE GOODS (or if otherwise applicableINCLUDING CLAIMS BASED ON CONTRACT, Section 3.5NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE). IN NO EVENT SHALL BMA BE LIABILE FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES NOR SHALL BMA BE RESPONSIBLE FOR INSTALLATION, DISMANTLING, OR REINSTALLATION COSTS OR CHARGES. In no event shall Buyer reconstruct, repair, alter, or replace any recovery of any kind against BMA be greater in amount than the Price of the Goods, in whole or in part, either itself or by or through any third party.

Buyer’s Exclusive Remedy for Defective Goods. Notwithstanding any other provision of this Agreement (except for Section 9.49.7), this Section 9.3 9.4 contains Buyer’s 's exclusive remedy for Defective Goods. Buyer’s 's remedy under this Section 3 9.4 is conditioned upon Buyer’s 's compliance with its obligations under Section 9.3a 9.4(a) and Section 9.3b, 9.4(b) below. During the Warranty Period, with respect to any allegedly Defective Goods: a. Buyer (a) Xxxxx shall notify Seller, in writing, of any alleged claim or defect within seven (7) days from the date Buyer discovers, or upon reasonable inspection should have discovered, such alleged claim or defectdefect (but in any event before the expiration of the applicable Warranty Period); b. (b) Buyer shall ship, at its expense and risk of loss, such allegedly Defective Goods to Seller’s 's facility located at Pigeon, Michigan Seller’s principal place of business for inspection and testing by Seller; c. If (c) if Seller’s 's inspection and testing revealsreveal, to Seller’s 's reasonable satisfaction, that such Goods are Defective and any such defect has not been caused or contributed to by any of the factors described under Section 9.29.3 above, subject to Section 9.4(a) and Section 9.4(b). Seller shall in its sole discretion, ] and at its expense (subject to Section 9.3b and Section 9.3d)expense, (i) repair or replace such Defective Goods, or ; and (iid) credit or refund the Price of such Defective Goods less any applicable discounts, rebates or credits; d. If Seller exercises its option to replace, Seller shall, after receiving Buyer’s shipment of such Defective Goods, shall ship to Buyer, at Seller’s expenseXxxxx's expense and risk of loss, the repaired or replaced Goods to the delivery destinationa location designated by Buyer. Buyer has no right to return for repair, replacement, credit, or refund any Goods Good except as set forth in this Section 9.3 9.4 (or if otherwise applicable, Section 3.54.6 or Section 9.7). In no event shall Buyer reconstruct, repair, alter, alter or replace any GoodsGood, in whole or in part, either itself or by or through any third party. SUBJECT TO SECTION 9.7, THIS SECTION 9.5 SETS FORTH BUYER'S SOLE REMEDY AND SELLER'S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED PRODUCT WARRANTY SET FORTH IN SECTION 9.3.

Buyer’s Exclusive Remedy for Defective Goods. Notwithstanding any other provision of this Agreement (except for Section 9.48.05), this Section 9.3 8.03 contains Buyer’s 's exclusive remedy for Defective Goods. Buyer’s 's remedy under this Section 3 8.03 is conditioned upon Buyer’s 's compliance with its obligations under Section 9.3a 8.03(a) and Section 9.3b, 8.03(b) below. During the Warranty Period, with respect to any allegedly Defective Goods: a. (a) Buyer shall notify Seller, in writing, of any alleged claim or defect within seven twenty (20) days from the date Buyer discovers, or upon reasonable inspection should have discovered, such alleged claim or defectdefect (but in any event before the expiration of the applicable Warranty Period); b. (b) Buyer shall ship, at its expense and risk of loss, such allegedly Defective Goods to Seller’s 's facility located at Pigeon, Michigan for inspection and testing by Seller; c. If (c) if Seller’s 's inspection and testing reveals, to Seller’s 's reasonable satisfaction, that such Goods are Defective and any such defect has not been caused or contributed to by any of the factors described under Section 9.28.02, Seller shall in its sole discretion, and at its expense (subject to Section 9.3b and Section 9.3d)expense, (i) repair or replace such Defective Goods, or Goods and refund Buyers shipping costs; and (iid) credit or refund the Price of such Defective Goods less any applicable discounts, rebates or credits; d. If Seller exercises its option to replace, Seller shall, after receiving Buyer’s shipment of such Defective Goods, shall ship to Buyer, at Seller’s expense's expense and risk of loss, the repaired or replaced Goods to a location designated by Buyer, and reimburse Buyer for shipping expenses incurred in returning the delivery destinationdefective Goods to Seller. Buyer has no right to return for repair, replacement, credit, credit or refund any Goods Good except as set forth in this Section 9.3 8.03 (or if otherwise applicable, Section 3.54.06 or Section 8.05). In no event shall Buyer reconstruct, repair, alter, alter or replace any GoodsGood, in whole or in part, either itself or by or through any third party. SUBJECT TO Section 8.05, THIS Section 8.03 SETS FORTH BUYER'S SOLE REMEDY AND SELLER'S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED PRODUCT WARRANTY SET FORTH IN Section 8.03.