Common use of DEFECTIVE GOODS Clause in Contracts

DEFECTIVE GOODS. If any of the Goods fail to meet the warranties contained in Section 11 (a "Nonconformity"), Seller shall, upon notice from Buyer, promptly correct or replace those Goods at Seller's expense. If Seller shall fail to adequately address the Nonconformity, then Seller shall reimburse Buyer for all costs to correct or replace the Nonconformity in the Goods. If Seller fails to do so, Buyer may cancel this Order as to all such Goods, and in addition, may cancel the then remaining balance of this Order. After notice to Seller, all such Goods will be held at Seller's risk. Buyer may, and at Seller's direction shall, return such Goods to Seller at Seller's risk, and all transportation charges, both to and from the original destination, shall be paid by Seller. Any payment for such Goods shall be refunded by Seller unless Seller promptly corrects or replaces the same at its expense. If any field problem occurs as a result of a Nonconformity in the Goods and is sufficiently serious and widespread to threaten Buyer’s marketing of its end product or Buyer’s reputation, or poses a previously unforeseen safety hazard or causes any governmental agency, including, without limitation, a governmental consumer product safety agency or the United States Consumer Products Safety Commission, to require a change in Buyer’s end product, such that a recall or Product Improvement Program (a "PIP") is a reasonable corrective action, Seller shall pay forthwith to Buyer all costs and expenses reasonably incurred by Buyer in taking such corrective action. If the corrective action is necessary in part because of a Nonconformity in the Goods provided, and in part because of an act or omission of Buyer, said costs and expenses shall be allocated between the parties pro rata according to their respective percentage of fault.

DEFECTIVE GOODS. If any of the Goods goods fail to meet the warranties contained guarantees in Section 11 (a "Nonconformity")Clause 11, the Seller shall, upon notice from Buyerat the Buyers choice, promptly either correct the defective goods or replace those Goods them quickly at Seller's expensethe Sellers own cost. If Seller shall fail to adequately address Furthermore, the Nonconformity, then Seller shall reimburse Buyer for all costs to correct or replace the Nonconformity in the Goods. If Seller fails to do so, Buyer may cancel choose to annul this Purchase Order as with regard to all such Goods, defective goods and in addition, may addition cancel the then remaining balance of this OrderPurchase Order that remains unfilled. After notice the Seller is notified that defective goods have been detected, those goods shall be maintained at the Sellers risk. The Buyer may return such goods to the Seller, all such Goods will be held following any instructions given by the Seller, but always at Seller's risk. Buyer may, and at Seller's direction shall, return such Goods to Seller at the Seller's risk, and all transportation charges, both to and shipping expenses to/from the original destination, destination point shall be paid borne by the Seller. Any payment for such Goods goods shall be refunded reimbursed by the Seller, save where the Seller unless Seller promptly corrects the defective goods or replaces the same them quickly at its own expense. If Should any field practical problem occurs occur as a result of a Nonconformity non-conformance in the Goods and goods supplied hereunder that is sufficiently serious and widespread frequent enough to threaten Buyer’s endanger the Buyers marketing of its end the final product or Buyer’s the Buyers reputation, or poses a previously unforeseen safety hazard risk, or causes makes any governmental agencypublic body, including, without limitation, a governmental consumer product safety agency or including but not limited to the United States Consumer Products Product Safety Commission, to require demand a change in Buyer’s end the Buyers final product, such that as a recall or a Product Improvement Program (a "PIP") is as a reasonable corrective action, the Buyer shall be entitled to recoup from the Seller shall pay forthwith to Buyer all costs and expenses reasonably incurred by the Buyer in taking such said corrective actionmeasures. If the corrective action measure is necessary in part because due to the non-conformance of a Nonconformity in the Goods provided, supplied goods and in part because of an act due to some action or omission of by the Buyer, said costs and expenses shall be allocated between distributed proportionally among the parties pro rata according to in accordance with their respective percentage of faultnon-conformance. Save where expressly agreed otherwise, and regardless of any terms of law, the Seller guarantees its goods for one (1) year after delivery. This warrantee shall be for five (5) years for defects stemming from hidden flaws in the supplied goods.

DEFECTIVE GOODS. If any of the Goods fail to meet the warranties contained in Section 11 Sections 12, 13 and 14 (a "Nonconformity"), Seller shall, upon notice from Buyer, promptly correct or replace those Goods at Seller's expense. If Seller shall fail to adequately address the Nonconformity, then Seller shall reimburse Buyer for all costs to correct or replace the Nonconformity in the Goods. If Seller fails to do so, Buyer may cancel this Order as to all such Goods, and in addition, may cancel the then remaining balance of this Order. After notice to Seller, all such Goods will be held at Seller's risk. Buyer may, and at Seller's direction shall, return such Goods to Seller at Seller's risk, and all transportation charges, both to and from the original destination, shall be paid by Seller. Any payment for such Goods shall be refunded by Seller unless Seller promptly corrects or replaces the same at its expense. If any field problem occurs as a result of a Nonconformity in the Goods and is sufficiently serious and widespread to threaten Buyer’s marketing of its end product or Buyer’s reputation, or poses a previously unforeseen safety hazard or causes any governmental agency, including, without limitation, a governmental consumer product safety agency or the United States Consumer Products Safety Commission, to require a change in Buyer’s end product, such that a recall or Product Improvement Program (a "PIP") is a reasonable corrective action, Seller shall pay forthwith to Buyer all costs and expenses reasonably incurred by Buyer in taking such corrective action. If the corrective action is necessary in part because of a Nonconformity in the Goods provided, and in part because of an act or omission of Buyer, said costs and expenses shall be allocated between the parties pro rata according to their respective percentage of fault.

DEFECTIVE GOODS. If any of the Goods fail to meet the warranties contained in Section 11 (a "Nonconformity"), Seller shall, upon notice from Buyer, promptly correct or replace those Goods at Seller's expense. If Seller shall fail to adequately address the Nonconformity, then Seller shall reimburse Buyer for all costs to correct or replace the Nonconformity in the Goods. If Seller fails to do so, Buyer may cancel this Order as to all such Goods, and in addition, may cancel the then remaining balance of this Order. After notice to Seller, all such Goods will be held at Seller's cost and risk. Buyer may, and at Seller's direction shall, return such Goods to Seller at Seller's risk, and all transportation charges, both to and from the original destination, shall be paid by Seller. Any payment for such Goods shall be refunded by Seller unless Seller promptly corrects or replaces the same at its expense. If any field problem occurs as a result of a Nonconformity in the Goods and is sufficiently serious and widespread to threaten Buyer’s marketing of its end product or Buyer’s reputation, or poses a previously unforeseen safety hazard or causes any governmental agency, including, without limitation, a governmental consumer product safety agency or the United States Consumer Products Safety Commission, to require a change in Buyer’s end product, such that a recall or Product Improvement Program (a "PIP") is a reasonable corrective action, Seller shall pay forthwith to Buyer all costs and expenses reasonably incurred by Buyer in taking such corrective action. If the corrective action is necessary in part because of a Nonconformity in the Goods provided, and in part because of an act or omission of Buyer, said costs and expenses shall be allocated between the parties pro rata according to their respective percentage of fault.. 有瑕疵的货物。如果任何货物未达到第 11 条所载保证（“ 不合格情况” ），卖方应在买方作出通知后迅速对该等货物予以纠正或替换，费用由卖方承担。如果卖方未能适当地解决不合格情况，则卖方应将纠正货物中存在的不合格情况或者替换存在不合格情况的货物的一切费用补偿买方。如卖方未这样做，买方可取消本订单中所有该等货 物，此外，买方还可取消本订单当时所剩部分。在向卖方通知后，所有该等货物均将予以暂存，费用及风险由卖方承担。买方可退回（而且在卖方指示时应退回）该等货物给卖方，风险由卖方承担，而且，运至原目的地和从原目的地运出的一切运输费均应由卖方支付。为该等货物的一切付款均应由卖方退还，除非卖方迅速自费予以纠正或替换。如果由于货物的不合格情况而发生任何现场问题，其严重和广泛程度足以威胁买方最终产品的营销或买方的声誉，造成原先未曾预想的安全危害或促使任何政府机构（包括但不限于政府的消费者产品安全机构或美国消费者产品安全委员会）要求修改买方的最终产品，以致召回或产品改进方案（PIP）是一项合理的纠正措施，则卖方应立即向买方支付其采取该等纠正措施而合理产生的一切费用和支出。如果必须采取的纠正措施，部分是由于所供货物的不合格情况、部分是由于买方的作为或不作为造成的，则上述费用和支出应按照双方各自过错的比例在双方之间分摊。

DEFECTIVE GOODS. If any of the Goods fail to meet the warranties contained in Section 11 (a "“Nonconformity"”), Seller shall, upon notice from Buyer, promptly correct or replace those Goods at Seller's ’s expense. If Seller shall fail to adequately address the Nonconformity, then Seller shall reimburse Buyer for all costs to correct or replace the Nonconformity Noncon- formity in the Goods. If Seller fails to do so, Buyer may cancel this Order as to all such Goods, and in addition, may cancel the then remaining balance of this Order. After notice to Seller, all such Goods will be held at Seller's ’s risk. Buyer may, and at Seller's ’s direction shall, return such Goods to Seller at Seller's ’s risk, and all transportation charges, both to and from the original destination, shall be paid by Seller. Any payment for such Goods shall be refunded by Seller unless Seller promptly prompt- ly corrects or replaces the same at its expense. If any field problem occurs as a result of a Nonconformity in the Goods and is sufficiently serious and widespread to threaten Buyer’s marketing of its end product or Buyer’s reputation, or poses a previously unforeseen safety hazard or causes any governmental agency, including, without limitation, a governmental consumer product safety agency or the United States Consumer Products Safety Commission, to require a change in Buyer’s end product, such that a recall or Product Improvement Program (a "“PIP"”) is a reasonable corrective action, Seller shall pay forthwith to Buyer all costs and expenses reasonably incurred by Buyer in taking such corrective action. If the corrective action is necessary in part because of a Nonconformity in the Goods provided, and in part because of an act or omission of Buyer, said costs and expenses shall be allocated between the parties pro rata according to their respective percentage of fault.

DEFECTIVE GOODS. If any of the Goods goods/materials supplied by the Seller fail to meet the warranties contained in Section 11 QUALITY and WARRANTY clause no.17 (a "Nonconformity"), Seller shallSeller, upon notice thereof from Buyer, shall promptly correct or replace those Goods the same at Seller's expense. If Seller shall fail to adequately address the Nonconformity, then Seller shall expense and reimburse Buyer for all costs to correct rework and taxes thereon or replace the Nonconformity nonconforming goods/materials in the GoodsBuyer's products. If Seller fails to do so, Buyer may cancel this Scheduling Agreement/ Purchase Order as to all such Goodsgoods/materials, and in addition, may cancel the then remaining balance of this Scheduling Agreement/ Purchase Order. After notice to Seller, all such Goods goods/materials will be held at Seller's risk. Buyer may, and at Seller's direction shall, a return such Goods goods/materials to Seller at Seller's risk, and all transportation charges, both to and from the original destination, shall be paid by Seller. Any payment for such Goods goods/materials shall be refunded by Seller unless Seller promptly corrects or replaces the same at its expense. If any field problem occurs as a result of a Nonconformity in the Goods goods/materials provided under this Scheduling Agreement/ Purchase Order and is sufficiently serious and widespread to threaten Buyer’s 's marketing of its end product or Buyer’s 's reputation, or poses a previously unforeseen safety hazard or causes any governmental agency, including, including without limitation, a governmental consumer product safety agency or limitation the United States Consumer Products Safety CommissionCommission - Respective destination country specific, to require a change in Buyer’s 's end product, such that a recall or Product Improvement Program (a "PIP") is a reasonable corrective action, Buyer shall be entitled to recover from Seller shall pay forthwith to Buyer all costs and expenses reasonably incurred by Buyer in taking any such corrective action. If the corrective action is necessary in part because of a Nonconformity in the Goods goods/materials provided, and in part because of an act or omission of Buyer, said costs and expenses shall be allocated between the parties pro rata according to their respective percentage of fault. The returned defective goods/materials will be appropriately destroyed / disfigured by Seller to prevent accidental mix-up with the regular supply of parts to Buyer. If any goods/materials found defective after assembly or processing at Buyers end due to non-conforming product supplied by Seller, Seller shall reimburse the cost of segregation or sorting or rework or shall reimburse the cost of processing (Machining / Assembly / Painting / Testing etc) incurred on such goods/materials by Buyer. If the defect in any product cannot be reworked or repaired and may impact the final product with any potential accidental mix-up of the goods with conforming goods, will be informed to Seller and scrapped at Buyer's end at Sellers cost. Seller hereby agrees and acknowledges and it is hereby clarified that if Buyer becomes aware of any defect in goods/materials after the goods/materials have been or are in the course of being delivered to its customers / affiliates, whether in India or outside India, Seller shall be solely responsible for taking delivery of the defective goods/materials from the location or site of Buyer's customers / affiliates at the sole cost and risk of Seller. However, if, under applicable law or otherwise, Seller cannot take delivery of such goods/materials, Buyer may, without being obliged to, arrange to deliver the goods/materials to Seller and all costs and expenses (including applicable taxes) incurred by Buyer for delivering the goods/materials to Seller shall be recovered by Buyer from Seller. For capital goods, services and indirect materials, Buyer and Seller mutually may agree for specific terms and conditions as regard to delivery schedule, payment, inspection and acceptance, quality and warranty, quality planning and assurance, defective goods other than those stated above. In such instance the mutually agreed terms and conditions shall prevail over the terms and conditions mentioned herein.

DEFECTIVE GOODS. If any of the Goods fail to meet the warranties contained in Section 11 (a "Nonconformity"), Seller shall, upon notice from Buyer, promptly correct or replace those Goods at Seller's expense. If Seller shall fail to adequately address the Nonconformity, then Seller shall reimburse Buyer for all costs to correct or replace the Nonconformity in the Goods. If Seller fails to do so, Buyer may cancel this Order as to all such Goods, and in addition, may cancel the then remaining balance of this Order. After notice to Seller, all such Goods will be held at Seller's risk. Buyer may, and at Seller's direction shall, return such Goods to Seller at Seller's risk, and all transportation charges, both to and from the original destination, shall be paid by Seller. Any payment for such Goods shall be refunded by Seller unless Seller promptly corrects or replaces the same at its expense. If any field problem occurs as a result of a Nonconformity in the Goods and is sufficiently serious and widespread to threaten Buyer’s 's marketing of its end product or Buyer’s 's reputation, or poses a previously unforeseen safety hazard or causes any governmental agency, including, without limitation, a governmental consumer product safety agency or the United States Consumer Products Safety Commission, to require a change in Buyer’s 's end product, such that a recall or Product Improvement Program (a "PIP") is a reasonable corrective action, Seller shall pay forthwith to Buyer all costs and expenses reasonably incurred by Buyer in taking such corrective action. If the corrective action is necessary in part because of a Nonconformity in the Goods provided, and in part because of an act or omission of Buyer, said costs and expenses shall be allocated between the parties pro rata according to their respective percentage of fault.. Rev. March 2010