Common use of Damaged Goods Clause in Contracts

Damaged Goods. The Customer will provide feedback on wafers damaged during transit which are related to inadequate packing. IBM will then take reasonable corrective action if the damages were caused by IBM. If IBM determines that it was the cause of the damages, then Customer may return the wafer using IBM's RMA process, and IBM will provide a new wafer or credit for the wafer, at IBM's option. This is Customer's exclusive remedy against IBM for transit related damages caused by IBM.

Appears in 2 contracts

Samples: Agreement for Purchase and Sale of Custom Semiconductor Products (Transmeta Corp), Agreement for Purchase and Sale of Custom Semiconductor Products (Transmeta Corp)

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Damaged Goods. The Customer will provide feedback on wafers damaged during transit which are related to inadequate packing. IBM will then take reasonable corrective action if the damages were caused by IBM. If IBM determines that it was the cause of the damages, then Customer may return the wafer using IBM's RMA process, and IBM will provide a new wafer or credit for per Section 13 of the wafer, at IBM's option. This is Customer's exclusive remedy against IBM for transit related damages caused by IBMbase foundry Agreement.

Appears in 2 contracts

Samples: Agreement for Purchase and Sale of Custom Semiconductor Products (Transmeta Corp), Agreement for Purchase and Sale of Custom Semiconductor Products (Transmeta Corp)

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Damaged Goods. The Customer will provide feedback on wafers damaged during transit which are related to inadequate packing. IBM will then take reasonable corrective action if the damages were caused by IBM. If IBM determines that it was the cause of the damages, then Customer may return the wafer using IBM's RMA process, and IBM will provide a new wafer or credit for the wafer, at IBM's option. This is Customer's exclusive remedy against IBM for transit related damages caused by IBM.

Appears in 1 contract

Samples: Custom Sales Agreement (Integrated Device Technology Inc)

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