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

Defective and Improper Delivery; Product Returns. If 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 (c) that there was a shortage in the shipment, and notice in writing of such damage, incorrect shipment or shortage is provided to i-STAT within thirty (30) days of receipt of the shipment by the End User then, upon receipt of such notice, i-STAT's sole obligation shall be to either replace any damaged or incorrectly shipped Product, make up any shortfall or refund any Purchase Price paid by Heska, at i-STAT's option. If any Product is claimed by Heska, a Dealer or End User to be defective and 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, i-STAT is notified in writing within fifteen (15) days of discovery of such latent defect within the warranty period stated in Section 7.2, then i-STAT's sole obligation shall be to either repair of replace any Product found by i-STAT to be defective. If Heska claims a credit pursuant to this Section 3.11, such claim shall be accompanied by the original invoice issued by Heska to the End User or Dealer returning the Product. Upon request by i-STAT, Heska shall deliver to i-STAT, at Heska's cost, any returned Product with regard to which the credit is claimed. i-STAT solely shall determine in good faith the amount of any credit due Heska, if any, and to the extent any returned Product is 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 requests that Heska return Products to i-STAT as a result of such recall, i-STAT shall reimburse Heska for reasonable freight expenses directly related to such recall. There will be no Product returns accepted except as set forth in this Section 3.11.

Defective and Improper Delivery; Product Returns. If Heska Axxxxx 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 (cb) that there was a shortage in the shipment, and notice in writing of such damage, incorrect shipment or shortage is provided to i-STAT Abaxis within thirty (30) days [ * ] of receipt of the shipment by the End User then, upon receipt of such notice, i-STAT's Abaxis' 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 HeskaAxxxxx as a credit, at i-STAT's Abaxis' option; provided, however, that [ * ]. If any Product is claimed by HeskaAxxxxx, a Dealer or End User to be defective and i-STAT Abaxis 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, i-STAT Abaxis is notified in writing within fifteen (15) days [ * ] of discovery of such latent defect within the warranty period stated in Section 7.23.4(f), then i-STAT's Abaxis' sole obligation shall be to either repair of or replace any Product found by i-STAT Abaxis to be defectivedefective or determined to be defective by a Third Party laboratory as provided below. If Heska Axxxxx claims a credit pursuant to this Section 3.113.4(e), such claim shall be accompanied by the original invoice issued by Heska Axxxxx to the End User or Dealer returning the Product. Upon request by i-STATAbaxis, Heska Axxxxx shall deliver to i-STATAbaxis, at Heska's Abaxis’ cost, any returned Product with regard to which the credit is claimed. i-STAT solely Abaxis shall determine in good faith [ * ], which [ * ]. Any disagreements between the amount of any credit due Heska, if any, and parties as to the extent any 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, reimburse Heska for reasonable freight expenses directly related to delivering said Product to i-STATand the parties agree that such laboratory’s determination on this issue shall be final, binding, and determinative. In The party against whom the event that i-STAT issues a Product recall and requests that Heska return Products to i-STAT as a result third party laboratory rules shall bear all costs of such recall, i-STAT shall reimburse Heska for reasonable freight expenses directly related to such recallthird party testing. There All sales of the Products are final and there will be no Product returns accepted except as set forth in this Section 3.113.4(e) without Abaxis' prior written consent.

Defective and Improper Delivery; Product Returns. If Heska Abaxis 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 (cb) that there was a shortage in the shipment, and notice in writing of such damage, incorrect shipment or shortage is provided to i-STAT Abbott within thirty (30) days [ * ] of receipt of the shipment by the End User then, upon receipt of such notice, i-STAT's Xxxxxx’x 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 HeskaAbaxis, at i-STAT's Xxxxxx’x option. If any Product is claimed by HeskaAbaxis, a Dealer or End User to be defective and i-STAT Abbott 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, i-STAT Abbott is notified in writing within fifteen (15) days [ * ] of discovery of such latent defect within the warranty period stated in Section 7.23.4(f), then i-STAT's Xxxxxx’x sole obligation shall be to either repair of or replace any Product found by i-STAT Abbott to be defectivedefective or determined to be defective by a Third Party laboratory as provided below. If Heska Abaxis claims a credit pursuant to this Section 3.113.4(e), such claim shall be accompanied by the original invoice issued by Heska Abaxis to the End User or Dealer returning the Product. Upon request by i-STATAbbott, Heska Abaxis shall deliver to i-STATAbbott, at Heska's Abaxis’ cost, any returned Product with regard to which the credit is claimed. i-STAT solely Abbott shall determine in good faith [ * ]. Any disagreements between the amount of any credit due Heska, if any, and parties as to the extent any 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, reimburse Heska for reasonable freight expenses directly related to delivering said Product to i-STATand the parties agree that such laboratory’s determination on this issue shall be final, binding, and determinative. In The party against whom the event that i-STAT issues a Product recall and requests that Heska return Products to i-STAT as a result third party laboratory rules shall bear all costs of such recall, i-STAT shall reimburse Heska for reasonable freight expenses directly related to such recallthird party testing. There All sales of the Products are final and there will be no Product returns accepted except as set forth in this Section 3.113.4(e) without Xxxxxx’x prior written consent.

Defective and Improper Delivery; Product Returns. If 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 (c) that there was a shortage in the shipment, and notice in writing of such damage, incorrect shipment or shortage is provided to i-STAT within thirty (30) days of receipt of the shipment by the End User then, upon receipt of such notice, i-STAT's ’s sole obligation shall be to either replace any damaged or incorrectly shipped Product, make up any shortfall or refund any Purchase Price paid by Heska, at i-STAT's ’s option. If any Product is claimed by Heska, a Dealer or End User to be defective and 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, i-STAT is notified in writing within fifteen (15) days of discovery of such latent defect within the warranty period stated in Section 7.2, then i-STAT's ’s sole obligation shall be to either repair of replace any Product found by i-STAT to be defective. If Heska claims a credit pursuant to this Section 3.11, such claim shall be accompanied by the original invoice issued by Heska to the End User or Dealer returning the Product. Upon request by i-STAT, Heska shall deliver to i-STAT, at Heska's ’s cost, any returned Product with regard to which the credit is claimed. i-STAT solely shall determine in good faith the amount of any credit due Heska, if any, and to the extent any returned Product is 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 requests that Heska return Products to i-STAT as a result of such recall, i-STAT shall reimburse Heska for reasonable freight expenses directly related to such recall. There will be no Product returns accepted except as set forth in this Section 3.11.

Defective and Improper Delivery; Product Returns. If Heska Xxxxxx 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 (cb) that there was a shortage in the shipment, and notice in writing of such damage, incorrect shipment or shortage is provided to i-STAT Abaxis within thirty (30) days [ * ] of receipt of the shipment by the End User then, upon receipt of such notice, i-STAT's Abaxis' 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 HeskaXxxxxx as a credit, at i-STAT's Abaxis' option; provided, however, that [ * ]. If any Product is claimed by HeskaXxxxxx, a Dealer or End User to be defective and i-STAT Abaxis 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, i-STAT Abaxis is notified in writing within fifteen (15) days [ * ] of discovery of such latent defect within the warranty period stated in Section 7.23.4(f), then i-STAT's Abaxis' sole obligation shall be to either repair of or replace any Product found by i-STAT Abaxis to be defectivedefective or determined to be defective by a Third Party laboratory as provided below. If Heska Xxxxxx claims a credit pursuant to this Section 3.113.4(e), such claim shall be accompanied by the original invoice issued by Heska Xxxxxx to the End User or Dealer returning the Product. Upon request by i-STATAbaxis, Heska Xxxxxx shall deliver to i-STATAbaxis, at Heska's Abaxis’ cost, any returned Product with regard to which the credit is claimed. i-STAT solely Abaxis shall determine in good faith [ * ], which [ * ]. Any disagreements between the amount of any credit due Heska, if any, and parties as to the extent any 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, reimburse Heska for reasonable freight expenses directly related to delivering said Product to i-STATand the parties agree that such laboratory’s determination on this issue shall be final, binding, and determinative. In The party against whom the event that i-STAT issues a Product recall and requests that Heska return Products to i-STAT as a result third party laboratory rules shall bear all costs of such recall, i-STAT shall reimburse Heska for reasonable freight expenses directly related to such recallthird party testing. There All sales of the Products are final and there will be no Product returns accepted except as set forth in this Section 3.113.4(e) without Abaxis' prior written consent.