Claims and Adjustments. All liabilities and obligations relating to or in respect of (a) return of merchandise sold by the Business on or prior to the Closing Date or (b) offset payments with respect to sales after the Closing Date against claims on merchandise sold on or prior to the Closing Date, in each case by reason of alleged overshipments, defective merchandise, missed delivery dates, incorrect quantities or otherwise, or with respect to merchandise in the hands of customers under an understanding that such merchandise would be returnable.
Claims and Adjustments. (a) The Buyer has forty-eight (48) hours after receipt of the Product to inspect and either accept or reject it. The only basis for rejection of Product is material nonconformity with this Agreement. If the Buyer retains the goods in its possession for a period of forty-eight (48) hours after receipt without giving written notice rejecting the Product, this will be regarded as the Buyer's irrevocable acceptance of the Product. If the Product is rejected, written notice must be given to the Seller, fully specifying all claimed defects and nonconformities.
(b) The Seller will only accept a claim of the Buyer for Product shortages on tank car or tank truck shipments when: (i) the Product shortage is in excess of two percent (2%) of the total loaded quantity recorded on the bill of lading; (ii) the Buyer promptly notifies the Seller by telephone (followed by prompt written confirmation) of the Product shortage and obtains the Seller's permission to unload the shipment; and (iii) the Buyer obtains a sworn affidavit attesting to the shortage from the destination railroad agent or delivering carrier and submits said affidavit to the Seller with Xxxxx's claim for Product shortage.
Claims and Adjustments. (a) Each party agrees to do all things, including providing tax invoices and other documentation that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to the amount of GST paid or payable pursuant to any supply made under or in connection with this Agreement.
(b) If either party is entitled under this Agreement to be reimbursed or indemnified by the other party for a cost or expense incurred by the other party in connection with this Agreement, the reimbursement or indemnity payment must not include any GST component of the cost or expense for which an input tax credit may be claimed.
Claims and Adjustments. (a) The Buyer has seven (7) days after receipt of the Product to inspect the Product and either accept or reject the Product. If the Buyer retains the Product in its possession for a period of seven (7) days after receipt without providing written notice rejecting it, this will be regarded as the Buyer’s irrevocable acceptance of the Product. If the Product is rejected, notice must be given to the Seller specifying in reasonable detail the claimed defects and nonconformities.
(b) If the Seller's tank cars are used by the Buyer for transportation and the Buyer incurs any detention or demurrage charges in relation to its use of such cars pursuant to the Agreement, the Buyer shall not be obliged to pay such charges unless:
(i) they are supported by certified railway arrival and release documents; and
(ii) the Seller has issued an invoice to the Buyer for such detention or demurrage charges within two months following the date upon which the applicable tank car has been returned to the delivering railroad or otherwise placed in accordance with written instruction of the Seller.
Claims and Adjustments. 13 2.4.9 Excluded Assets.............................. 13 2.4.10
Claims and Adjustments. 22
(a) Notification and Procedure
(b) Adjustments to the Sub-Contract Sum
(c) Delay Cost
(d) Price Variation
Claims and Adjustments. All liabilities and obligations relating to or in respect of (a) return of merchandise sold by the Business on or prior to the date hereof or (b) offset payments with respect to sales after the date hereof against claims on merchandise sold on or prior to the date hereof, in each case by reason of alleged overshipments, defective merchandise, missed delivery dates, incorrect quantities or otherwise, or with respect to merchandise in the hands of customers, under an understanding that such merchandise would be returnable. Asset Purchase Agreement WatchGuard Technologies, Inc.
Claims and Adjustments. BUYER shall inspect the Product upon receipt. BUYER will be deemed to have accepted the Product unless it notifies CITGO in writing of any claim of defect within thirty (30) days of delivery (“Notice”). CITGO shall be furnished samples adequate to test such Product claimed to be defective and shall be afforded the opportunity to take its own samples. For claims related to packaging components, CITGO shall be furnished with details supporting the claim, which may include shipping documents and photographic evidence adequate to investigate the claim. Any and all claims not made within the time or in the manner herein provided, shall be deemed waived and released by BUYER and BUYER shall indemnify and hold CITGO harmless from and against any and all claims and damages related to such Product. Except as provided under this Section, all sales of Product to BUYER are made on a one-way basis and BUYER has no right to return Product purchased under this Agreement to CITGO. CITGO shall not be liable for a breach of the warranties set forth in Section 4 if: (i) BUYER makes any further use of such Product after giving Notice; (ii) the defect arises because BUYER failed to follow CITGO's written instructions as to the storage, installation, commissioning, use or maintenance of the Product; or
Claims and Adjustments. Specially manufactured and/ or customized goods are not returnable. No shortage claim or error in shipment will be adjusted unless reported in writing to Seller within ten (10) days of Buyer’s receipt of goods. Returns, regardless of reason, will not be accepted without prior written authorization by Seller.
Claims and Adjustments
