Damaged Shipments Sample Clauses

Damaged Shipments. 1. Accept delivery. 2. Before the driver leaves, document on the delivery receipt the number of boxes which appear to be damaged, while also including photographic evidence of such. 3. Save the damaged product and box(es) for inspection by the shipping agent. 4. Make an appointment with the shipping company to have the damaged goods inspected. 5. File a claim with the shipping company. 6. Notify the Customer Service Department of XXXXX .
AutoNDA by SimpleDocs
Damaged Shipments. The Company does not ship damaged product. If the product you receive is damaged:
Damaged Shipments. The Purchaser must arrange for all of their shipments to be inspected upon delivery. Any damaged or missing Goods in a shipment must be clearly identified on the xxxx of lading and the xxxx of lading must be signed by the delivery person. ATI and the shipment carrier MUST BE NOTIFIED of the damaged or missing items for the shipment WITHIN FIVE BUSINESS DAYS OF THE DELIVERY DATE for a claim to qualify for review. Failure to do so will result in a denied claim making the Purchaser responsible for all expenses related to the replacement of the Goods lost or damaged during the shipment. RETURNS: Non-standard Goods manufactured to a Purchaser’s or distributor's specifications are non-refundable. Return requests for standard Goods must be within 60 days of receipt of shipment to be eligible for return. Credit for returned Goods will only be granted if the Goods are determined by ATI to be in resalable condition and are equipped with a return material authorization number issued by ATI. Returns are subject to a 20% restocking fee. MANUFACTURER ERROR: The Purchaser must report manufacturing mistakes to ATI within 30 days of receipt of shipment to be eligible for no charge replacement or repair of materials.
Damaged Shipments. Inspect your shipment upon receipt. If any external damage is noticed, accept the shipment only after the driver has noted the damage on both his and your copies of the delivery receipt and you have requested an INSPECTION by the carrier. Keep all containers and packing material for inspection. If, upon opening a shipment, you find a shortage or damage, you must request inspection by the carrier within fifteen (15) days of delivery or you will relinquish your right to make a claim. PCT reserves the right to repair a damaged product, where applicable, before replacement or credit is determined.
Damaged Shipments. Customer shall immediately inspect all deliveries for shipping damage upon receipt. If any external damage is noticed, Customer shall accept the shipment only after the driver has noted the damage on both carrier’s and Customer’s copies of the delivery receipt and Customer has requested an inspection by the carrier. Customer shall keep all containers and packing material for inspection. Customer shall promptly inspect all shipments for concealed shipping damage, defects, or shortages, notify VWR of any such damage, defect, or shortage, and cooperate with VWR in arranging an inspection by the carrier and the filing of a freight claim. If, upon opening a shipment, Customer finds a damage, defect, or shortage, Customer must request inspection by the carrier within twenty-four (24) hours of delivery or unconditionally relinquish any right to make a claim. VWR reserves the right to repair or re-work any damaged Product, where applicable, before replacement or credit is determined. All requests for proof of delivery must be received within thirty (30) days of shipment.
Damaged Shipments. (a) If shipment is visibly damaged and deemed unacceptable upon receipt, Reseller should refuse shipment and notify Distributor immediately.
Damaged Shipments. The Purchaser must arrange for all of their shipments to be inspected upon delivery. Any damaged or missing Goods in a shipment must be clearly identified on the xxxx of lading and the xxxx of lading must be signed by the delivery person. ATI and the shipment carrier MUST BE NOTIFIED of the damaged or missing items for the shipment WITHIN FIVE BUSINESS DAYS OF THE DELIVERY DATE for a claim to qualify for review. Failure to do so will result in a denied claim making the Purchaser responsible for all expenses related to the replacement of the Goods lost or damaged during the shipment. RETURNS: Non-standard Goods manufactured to a Purchaser’s or distributor's specifications are non-refundable. Return requests for standard Goods must be within 60 days of receipt of shipment to be eligible for return. Credit for returned Goods will only be granted if the Goods are determined by ATI to be in resalable condition and are equipped with a return material authorization number issued by ATI. Returns are subject to a 20% restocking fee. MANUFACTURER ERROR: The Purchaser must report manufacturing mistakes to ATI within 30 days of receipt of shipment to be eligible for ATI’s review and potential replacement/repair of the materials. Labor or other costs incurred by the Purchaser are not reimbursable by ATI. DELIVERY SCHEDULE: Any stated delivery dates are approximate. ATI is not liable for any losses, crop loss or failure, damages, penalties, or expenses for not meeting a delivery date and will not pay any back charges. If the delivery schedule is delayed due to an Unforeseeable Event, the Purchaser agrees to an adjusted delivery schedule that will provide ATI with a reasonable amount of time to fulfill the order. Under no circumstances, including Unforeseeable Events, will a delayed delivery by ATI exclude the Purchaser from making prompt payment for Goods delivered prior to such delay.
AutoNDA by SimpleDocs

Related to Damaged Shipments

  • Shipments The Vendor shall ship, deliver or provide ordered products or services within a commercially reasonable time after the receipt of the order from the TIPS Member. If a delay in said delivery is anticipated, the Vendor shall notify TIPS Member as to why delivery is delayed and shall provide an estimated time for completion of the order. TIPS or the requesting entity may cancel the order if estimated delivery time is not acceptable or not as agreed by the parties.

  • Shipment Dell will ship the APEX System to the Site when included as part of the APEX Service. The terms and process for shipment and delivery of the APEX System will be stated in the applicable Service Offering Description.

  • RETURN OF EQUIPMENT (a) At the expiration or termination of this Agreement or any Schedule, Lessee shall perform any testing and repairs required to place the units of Equipment in the same condition and appearance as when received by Lessee (reasonable wear and tear excepted) and in good working order for the original intended purpose of the Equipment. If required the units of Equipment shall be deinstalled, disassembled and crated by an authorized manufacturer's representative or such other service person as is reasonably satisfactory to Lessor. Lessee shall remove installed markings that are not necessary for the operation, maintenance or repair of the Equipment. All Equipment will be cleaned, cosmetically acceptable, and in such condition as to be immediately installed into use in a similar environment for which the Equipment was originally intended to be used. All waste material and fluid must be removed from the Equipment and disposed of in accordance with then current waste disposal laws. Lessee shall return the units of Equipment to a location within the continental United States as Lessor shall direct. Lessee shall obtain and pay for a policy of transit insurance for the redelivery period in an amount equal to the replacement value of the Equipment. The transit insurance must name Lessor as the loss payee. The Lessee shall pay for all costs to comply with this section (a).

  • Damage or Destruction If the Project is damaged by fire or other insured casualty and the insurance proceeds have been made available therefor by the holder or holders of any mortgages or deeds of trust covering the Premises or the Project, the damage shall be repaired by Landlord to the extent such insurance proceeds are available therefor and provided such repairs can, in Landlord’s sole opinion, be completed within one hundred eighty (180) days after the necessity for repairs as a result of such damage becomes known to Landlord, without the payment of overtime or other premiums, and until such repairs are completed rent shall be abated in proportion to the part of the Premises which is unusable by Tenant in the conduct of its business (but there shall be no abatement of rent by reason of any portion of the Premises being unusable for a period equal to one (1) day or less). However, if the damage is due to the fault or neglect of Tenant, its employees, agents, contractors, guests, invitees and the like, there shall be no abatement of rent, unless and to the extent Landlord receives rental income insurance proceeds. Within sixty (60) days after the date Landlord learns of the necessity for repairs as a result of damage, Landlord shall notify Tenant (“Damage Repair Estimate”) of Landlord’s estimated assessment of the period of time in which the repairs will be completed. Upon the occurrence of any damage to the Premises, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Section 14(a)(ii)(A) above; provided, however, that if the cost of repair of improvements within the Premises by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as so assigned by Tenant, such excess costs shall be paid by Tenant to Landlord prior to Landlord’s repair of such damage. If the Damage Repair Estimate indicates that repairs cannot, in Landlord’s opinion, be completed within one hundred eighty (180) days after the necessity for repairs as a result of such damage becomes known to Landlord without the payment of overtime or other premiums, Landlord may, at its option, either (i) make such repairs in a reasonable time and in such event this Lease shall continue in effect and the rent shall be abated, if at all, in the manner provided in this Article 16, or (ii) elect not to effect such repairs and instead terminate this Lease, by notifying Tenant in writing of such termination within sixty (60) days after Landlord learns of the necessity for repairs as a result of damage, such notice to include a termination date giving Tenant sixty (60) days to vacate the Premises. In addition, Landlord may elect to terminate this Lease if the Project shall be damaged by fire or other casualty or cause, whether or not the Premises are affected, if the damage is not fully covered, except for deductible amounts, by Landlord’s insurance policies. However, if Landlord does not elect to terminate this Lease pursuant to Landlord’s termination right as provided above, and if the Damage Repair Estimate indicates that repairs cannot be completed within one hundred eighty (180) days after being commenced and if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant’s employees, licensees, invitees or agents, Tenant may elect, not later than thirty (30) days after Tenant’s receipt of the Damage Repair Estimate, to terminate this Lease by written notice to Landlord effective as of the date specified in Tenant’s notice. Finally, if the Premises or the Project is damaged to any substantial extent during the last twelve (12) months of the Term, then notwithstanding anything contained in this Article 16 to the contrary, Landlord shall have the option to terminate this Lease by giving written notice to Tenant of the exercise of such option within sixty (60) days after Landlord learns of the necessity for repairs as the result of such damage. In the event that the Premises or the Project is destroyed or damaged to any substantial extent during the last twelve (12) months of the Lease Term and if such damage shall take longer than sixty (60) days to repair and if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant’s employees, licensees, invitees or agents, then notwithstanding anything in this Article 16 to the contrary, Tenant shall have the option to terminate this Lease by written notice to Landlord of the exercise of such option within sixty (60) days after Tenant learns of the necessity for repairs as the result of such damage. A total destruction of the Project shall automatically terminate this Lease. Except as provided in this Article 16, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business or property arising from such damage or destruction or the making of any repairs, alterations or improvements in or to any portion of the Project or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant understands that Landlord will not carry insurance of any kind on Tenant’s furniture, furnishings, trade fixtures or equipment, and that Landlord shall not be obligated to repair any damage thereto or replace the same. Tenant acknowledges that Tenant shall have no right to any proceeds of insurance carried by Landlord relating to property damage. With respect to any damage which Landlord is obligated to repair or elects to repair, Tenant, as a material inducement to Landlord entering into this Lease, irrevocably waives and releases its rights under the provisions of Sections 1932 and 1933 of the California Civil Code.

  • Damage or Destruction of Premises If the Premises, the Unit or the Building or any part thereof shall be damaged or destroyed by fire or other casualty (a “casualty”), or ordered to be demolished by the action of any public authority in consequence of a casualty, or taken by any exercise of the right of eminent domain, Tenant shall immediately give notice thereof to Landlord. Unless this Lease is terminated as provided herein, this Lease shall remain in full force and effect and Landlord shall proceed (or shall cause the Primary Board to proceed) with diligence to repair or cause to be repaired such damage so as to restore the Premises, the Building and access thereto, or what may remain thereof (including the Initial Tenant Work but excluding any other Tenant Work), as nearly as practicable to the condition they were in immediately prior to such damage, destruction or taking, subject to then applicable Legal Requirements and Title Matters, but neither Landlord nor the Primary Board shall be required to expend in such repair or rebuilding more than the proceeds of insurance or award of damages, if any, recovered or recoverable with respect to such damage, destruction or taking (plus, in the case of casualty, the amount of any insurance deductibles (which shall be deemed Operating Costs)), less Landlord’s (or the Primary Board’s) reasonable expenses incurred in collecting such proceeds or award, as the case may be, but in the case of damage or destruction only to the extent Landlord was carrying the insurance required to be carried pursuant to this Lease at the time of such damage or destruction. All such repairs made necessary by any negligent act or omission or any willful misconduct of Tenant shall be made by Landlord (or the Primary Board) at Tenant’s expense to the extent that the cost of such repairs is not covered by insurance proceeds available therefor (including the payment by Tenant of any applicable deductible amount). Landlord shall not be liable for delays in the making of any such repairs that are due to Force Majeure, nor shall Landlord be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting from delays in repairing such damage. All repairs to and replacements of Tenant Property and any Tenant Work other than the Initial Tenant Work shall be made by and at the expense of Tenant, which work Tenant shall promptly commence as soon as practicable and thereafter prosecute diligently to completion.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!