Common use of Defective and Improper Delivery; Product Returns Clause in Contracts

Defective and Improper Delivery; Product Returns. If Xxxxxx or a Dealer or End User claims that: (a) incorrect Product was shipped; or (b) there was a shortage in the shipment, and notice in writing of such incorrect shipment or shortage is provided to Abaxis within [ * ] of receipt of the shipment then, upon receipt of such notice, Abaxis' sole obligation shall be to either replace any incorrectly shipped Product, make up any shortfall, or refund any Purchase Price paid by Xxxxxx as a credit, at Abaxis' option; provided, however, that [ * ]. If any Product is claimed by Xxxxxx, a Dealer or End User to be defective and Abaxis is notified in writing of such defect within [ * ] of receipt of the Product by the End User or, in the case of a latent defect, Abaxis is notified in writing within [ * ] of discovery of such latent defect within the warranty period stated in Section 3.4(f), then Abaxis' sole obligation shall be to either repair or replace any Product found by Abaxis to be defective or determined to be defective by a Third Party laboratory as provided below. If Xxxxxx claims a credit pursuant to this Section 3.4(e), such claim shall be accompanied by the original invoice issued by Xxxxxx to the End User or Dealer returning the Product. Upon request by Abaxis, Xxxxxx shall deliver to Abaxis, at Abaxis’ cost, any returned Product with regard to which the credit is claimed. Abaxis shall determine [ * ], which [ * ]. Any disagreements between the parties as to which a returned Product is defective shall, at the request of either party, be resolved by a mutually acceptable independent third party laboratory after analysis of the relevant Products. Such third party laboratory shall determine whether such Products are defective, and the parties agree that such laboratory’s determination on this issue shall be final, binding, and determinative. The party against whom the third party laboratory rules shall bear all costs of such third party testing. All sales of the Products are final and there will be no Product returns accepted except as set forth in this Section 3.4(e) without Abaxis' prior written consent.

Appears in 1 contract

Samples: Exclusive Agreement (Abaxis Inc)

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Defective and Improper Delivery; Product Returns. If Xxxxxx Heska or a Dealer or End User claims that: (a) any Product shipped directly by i-STAT hereunder was damaged in transit to the End User; (b) incorrect Product was shipped; or (bc) that there was a shortage in the shipment, and notice in writing of such damage, incorrect shipment or shortage is provided to Abaxis i-STAT within [ * ] thirty (30) days of receipt of the shipment by the End User then, upon receipt of such notice, Abaxis' i-STAT's sole obligation shall be to either replace any damaged or incorrectly shipped Product, make up any shortfall, shortfall or refund any Purchase Price paid by Xxxxxx as a creditHeska, at Abaxis' i-STAT's option; provided, however, that [ * ]. If any Product is claimed by XxxxxxHeska, a Dealer or End User to be defective and Abaxis i-STAT is notified in writing of such defect within [ * ] thirty (30) days of receipt of the Product by the End User or, in the case of a latent defect, Abaxis i-STAT is notified in writing within [ * ] fifteen (15) days of discovery of such latent defect within the warranty period stated in Section 3.4(f)7.2, then Abaxis' i-STAT's sole obligation shall be to either repair or of replace any Product found by Abaxis i-STAT to be defective or determined to be defective by a Third Party laboratory as provided belowdefective. If Xxxxxx Heska claims a credit pursuant to this Section 3.4(e)3.11, such claim shall be accompanied by the original invoice issued by Xxxxxx Heska to the End User or Dealer returning the Product. Upon request by Abaxisi-STAT, Xxxxxx Heska shall deliver to Abaxisi-STAT, at Abaxis’ Heska's cost, any returned Product with regard to which the credit is claimed. Abaxis i-STAT solely shall determine [ * ]in good faith the amount of any credit due Heska, which [ * ]. Any disagreements between if any, and to the parties as to which a extent any returned Product is defective shall, at the request of either party, be resolved by a mutually acceptable independent third party laboratory after analysis of the relevant Products. Such third party laboratory shall determine whether such Products are defective, reimburse Heska for reasonable freight expenses directly related to delivering said Product to i-STAT. In the event that i-STAT issues a Product recall and the parties agree requests that such laboratory’s determination on this issue shall be final, binding, and determinative. The party against whom the third party laboratory rules shall bear all costs Heska return Products to i-STAT as a result of such third party testingrecall, i-STAT shall reimburse Heska for reasonable freight expenses directly related to such recall. All sales of the Products are final and there There will be no Product returns accepted except as set forth in this Section 3.4(e) without Abaxis' prior written consent3.11.

Appears in 1 contract

Samples: Distribution Agreement (Heska Corp)

Defective and Improper Delivery; Product Returns. If Xxxxxx Abaxis or a Dealer or End User claims that: (a) incorrect Product was shipped; or (b) there was a shortage in the shipment, and notice in writing of such incorrect shipment or shortage is provided to Abaxis Abbott within [ * ] of receipt of the shipment then, upon receipt of such notice, Abaxis' Xxxxxx’x sole obligation shall be to either replace any incorrectly shipped Product, make up any shortfall, or refund any Purchase Price paid by Xxxxxx as a creditAbaxis, at Abaxis' Xxxxxx’x option; provided, however, that [ * ]. If any Product is claimed by XxxxxxAbaxis, a Dealer or End User to be defective and Abaxis Abbott is notified in writing of such defect within [ * ] of receipt of the Product by the End User or, in the case of a latent defect, Abaxis Abbott is notified in writing within [ * ] of discovery of such latent defect within the warranty period stated in Section 3.4(f), then Abaxis' Xxxxxx’x sole obligation shall be to either repair or replace any Product found by Abaxis Abbott to be defective or determined to be defective by a Third Party laboratory as provided below. If Xxxxxx Abaxis claims a credit pursuant to this Section 3.4(e), such claim shall be accompanied by the original invoice issued by Xxxxxx Abaxis to the End User or Dealer returning the Product. Upon request by AbaxisAbbott, Xxxxxx Abaxis shall deliver to AbaxisAbbott, at Abaxis’ cost, any returned Product with regard to which the credit is claimed. Abaxis Abbott shall determine [ * ], which [ * ]. Any disagreements between the parties as to which a returned Product is defective shall, at the request of either party, be resolved by a mutually acceptable independent third party laboratory after [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. analysis of the relevant Products. Such third party laboratory shall determine whether such Products are defective, and the parties agree that such laboratory’s determination on this issue shall be final, binding, and determinative. The party against whom the third party laboratory rules shall bear all costs of such third party testing. All sales of the Products are final and there will be no Product returns accepted except as set forth in this Section 3.4(e) without Abaxis' Xxxxxx’x prior written consent.

Appears in 1 contract

Samples: Exclusive Agreement (Abaxis Inc)

Defective and Improper Delivery; Product Returns. If Xxxxxx Axxxxx or a Dealer or End User claims that: (a) incorrect Product was shipped; or (b) there was a shortage in the shipment, and notice in writing of such incorrect shipment or shortage is provided to Abaxis within [ * ] of receipt of the shipment then, upon receipt of such notice, Abaxis' sole obligation shall be to either replace any incorrectly shipped Product, make up any shortfall, or refund any Purchase Price paid by Xxxxxx Axxxxx as a credit, at Abaxis' option; provided, however, that [ * ]. If any Product is claimed by XxxxxxAxxxxx, a Dealer or End User to be defective and Abaxis is notified in writing of such defect within [ * ] of receipt of the Product by the End User or, in the case of a latent defect, Abaxis is notified in writing within [ * ] of discovery of such latent defect within the warranty period stated in Section 3.4(f), then Abaxis' sole obligation shall be to either repair or replace any Product found by Abaxis to be defective or determined to be defective by a Third Party laboratory as provided below. If Xxxxxx Axxxxx claims a credit pursuant to this Section 3.4(e), such claim shall be accompanied by the original invoice issued by Xxxxxx Axxxxx to the End User or Dealer returning the Product. Upon request by Abaxis, Xxxxxx Axxxxx shall deliver to Abaxis, at Abaxis’ cost, any returned Product with regard to which the credit is claimed. Abaxis shall determine [ * ], which [ * ]. Any disagreements between the parties as to which a returned Product is defective shall, at the request of either party, be resolved by a mutually acceptable independent third party laboratory after analysis of the relevant Products. Such third party laboratory shall determine whether such Products are defective, and the parties agree that such laboratory’s determination on this issue shall be final, binding, and determinative. The party against whom the third party laboratory rules shall bear all costs of such third party testing. All sales of the Products are final and there will be no Product returns accepted except as set forth in this Section 3.4(e) without Abaxis' prior written consent.

Appears in 1 contract

Samples: Exclusive Agreement (Abaxis Inc)

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Defective and Improper Delivery; Product Returns. If Xxxxxx Heska or a Dealer or End User claims that: (a) any Product shipped directly by i-STAT hereunder was damaged in transit to the End User; (b) incorrect Product was shipped; or (bc) that there was a shortage in the shipment, and notice in writing of such damage, incorrect shipment or shortage is provided to Abaxis i-STAT within [ * ] thirty (30) days of receipt of the shipment by the End User then, upon receipt of such notice, Abaxis' i-STAT’s sole obligation shall be to either replace any damaged or incorrectly shipped Product, make up any shortfall, shortfall or refund any Purchase Price paid by Xxxxxx as a creditHeska, at Abaxis' i-STAT’s option; provided, however, that [ * ]. If any Product is claimed by XxxxxxHeska, a Dealer or End User to be defective and Abaxis i-STAT is notified in writing of such defect within [ * ] thirty (30) days of receipt of the Product by the End User or, in the case of a latent defect, Abaxis i-STAT is notified in writing within [ * ] fifteen (15) days of discovery of such latent defect within the warranty period stated in Section 3.4(f)7.2, then Abaxis' i-STAT’s sole obligation shall be to either repair or of replace any Product found by Abaxis i-STAT to be defective or determined to be defective by a Third Party laboratory as provided belowdefective. If Xxxxxx Heska claims a credit pursuant to this Section 3.4(e)3.11, such claim shall be accompanied by the original invoice issued by Xxxxxx Heska to the End User or Dealer returning the Product. Upon request by Abaxisi-STAT, Xxxxxx Heska shall deliver to Abaxisi-STAT, at Abaxis’ Heska’s cost, any returned Product with regard to which the credit is claimed. Abaxis i-STAT solely shall determine [ * ]in good faith the amount of any credit due Heska, which [ * ]. Any disagreements between if any, and to the parties as to which a extent any returned Product is defective shall, at the request of either party, be resolved by a mutually acceptable independent third party laboratory after analysis of the relevant Products. Such third party laboratory shall determine whether such Products are defective, reimburse Heska for reasonable freight expenses directly related to delivering said Product to i-STAT. In the event that i-STAT issues a Product recall and the parties agree requests that such laboratory’s determination on this issue shall be final, binding, and determinative. The party against whom the third party laboratory rules shall bear all costs Heska return Products to i-STAT as a result of such third party testingrecall, i-STAT shall reimburse Heska for reasonable freight expenses directly related to such recall. All sales of the Products are final and there There will be no Product returns accepted except as set forth in this Section 3.4(e) without Abaxis' prior written consent3.11.

Appears in 1 contract

Samples: Distribution Agreement (Heska Corp)

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