Defective Merchandise Sample Clauses

Defective Merchandise. Notwithstanding the foregoing, "Merchandise" shall not include: (i) goods which belong to sublessees, licensees or concessionaires of the Debtors; (ii) goods held by the Debtors on memo, on consignment, or as bailee; and (iii) furnishings, trade fixtures and improvements to real property which are located in the Stores or the Warehouse.
Sample 1
AutoNDA by SimpleDocs
Defective Merchandise. Merchandise with material manufacturing faults will gladly be credited or exchanged provided that: 11.5.1. Such merchandise is returned to Truworths within six (6) months of my having taken delivery. 11.5.2. I can provide proof of purchase. 11.5.3. The merchandise is returned within the country of purchase. 11.5.4. The merchandise has been used for its intended purpose. 11.5.5. The item must have been cared for according to the wash/care instruction label. For the full Returns Policy please visit xxx.xxxxxxxxx.xx.xx
Sample 1
Defective Merchandise. During the Merchandise Warranty Period, at the election of Academy and in Academy’s sole discretion, Vendor will repair or replace any Defective Merchandise within the Repair or Replacement Period, or issue a refund or a credit for the purchase price of, any Defective Merchandise. Upon discovery of Defective Merchandise during the Merchandise Warranty Period, Academy will promptly provide to Vendor a written notice (“Notice of Defect”) with a request for repair, replacement or a refund or credit of the purchase price of the Defective Merchandise. If Vendor fails to repair or replace the Defective Merchandise within the Repair or Replacement Period, Academy shall continue to have the right to require replacement of the Defective Merchandise or a refund or credit of the full purchase price thereof. If Academy elects to obtain a replacement of the Defective Merchandise, Vendor will deliver the replacement Merchandise to a location designated by Academy. The costs and risk of loss or damage associated with delivering replacement Merchandise will be borne by Vendor. Replacement Merchandise delivered by Vendor will be subject to all of the terms of this Agreement as it relates to Merchandise and a new Merchandise Warranty Period will take effect with respect to the replacement Merchandise. Academy will return Defective Merchandise to Vendor or to a place designated by Vendor within a reasonable period after Vendor’s receipt of the Notice of Defect. The costs and risk of loss or damage associated with shipping Defective Merchandise to Vendor will be borne by Vendor. Refunds or credits issued for the purchase price of any Defective Merchandise will be issued within ten Days after Vendor’s receipt of the Defective Merchandise. If Vendor replaces Merchandise or issues a refund or credit to Academy pursuant to a Notice of Defect and Vendor subsequently certifies in writing to Academy and demonstrates to Academy’s reasonable satisfaction that either (i) the returned Merchandise is not defective or (ii) any of the conditions to the Merchandise Warranty specified in subsection 6.1(e)(ii) or (iii) were not satisfied, then Vendor will return the Merchandise to Academy, and Academy will pay for the replacement Merchandise as if it were purchased pursuant to the terms of this Agreement. The Merchandise Warranty Period shall not apply to limit Vendor’s responsibility for the repair, replacement or refund of the purchase price of any Merchandise with respect to which a defect...
Sample 1
Defective Merchandise. Products received that are not in working order may be returned within 10 days for a replacement. For return of defective merchandise, please contact AMK with the model number, serial number, and specific details regarding the product’s defect.
Sample 1
Defective Merchandise. Vendors shall provide to Distributor a one (1) year warranty on all equipment sold to Distributor. The first ninety (90) days will be a full parts and labor warranty on all equipment and parts sold to Distributor and a remaining nine (9) month warranty on all parts and equipment, excluding labor costs.
Sample 1
Defective Merchandise. NRTC shall notify Company as soon as reasonably practicable of any defective Contract Products sold and delivered by Company to NRTC. NRTC shall allow Company the opportunity to inspect any defective Contract Products at NRTC's premises, and, if requested by Company, shall return any defective Contract Products to Company at Company's expense. In the event that Company determines in its sole discretion that the defects in any such defective Contract Products were not caused by NRTC or others after the shipment of the same by Company to NRTC, Company shall, at its option, either provide NRTC with a refund or credit for the purchase price paid by NRTC to Company for or exchange such defective Contract Products.
Sample 1
Defective Merchandise. If merchandise sold under this agreement is determined to be defective and returned by the customer, all associated return costs such as packaging, shipping, and restocking, will be granted to HEMPd in the form of credit from Buy DMI, Inc. These credit issuances will be submitted in the form of a Flat, XLS, CSV, Text, or Word file; whenever Buy DMI, Inc. requests similar credits for their package delivery company. Buy DMI, Inc. is fully absolved from any responsibility, obligation, or duty, with respect to any item that does not comply with what Buy DMI, Inc. reasonably expected to receive. The company utilizing Buy DMI, Inc.’s services noted under this contractual agreement shall be solely responsible for all costs involved in removing any non – conforming goods from Buy DMI, Inc.’s facility. This Agreement, along with any exhibits, appendices, addenda, schedules, and amendments hereto, encompasses the entire agreement of the parties, and supersedes all previous understandings and agreements between the parties, whether oral or written. The parties hereby acknowledge and represent, by affixing their signatures hereto, that said parties have not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in this Agreement, made by or on behalf of any other party or any other person or entity whatsoever, prior to the execution of this Agreement. The parties hereby waive all rights and remedies, at law or in equity, arising or which may arise as the result of a party’s reliance on such representation, assertion, guarantee, warranty, collateral contract or other assurance, provided that nothing herein contained shall be construed as a restriction or limitation of said party’s right to remedies associated with the gross negligence, willful misconduct or fraud of any person or party taking place prior to, or contemporaneously with, the execution of this Agreement.
Sample 1
AutoNDA by SimpleDocs

Related to Defective Merchandise

  • DEFECTIVE GOODS 20.1 Notwithstanding any certificate and/or receipt that may have been issued by or on behalf of Transnet either in South Africa or overseas, Goods will be accepted at the place of delivery or at the port of shipment, as specified in this Agreement, only as regards outward condition of packages and Transnet retains the right to reject the Goods supplied, on or after arrival at the place to which they are consigned, or after they have been placed in use in South Africa, should they be found defective. 20.2 If Goods are rejected owing to latent defects becoming apparent during machining operations or other preparation necessary on the part of Transnet before they can be put into use, the Supplier shall bear all expenses incurred by Transnet in carrying out such necessary operations. 20.3 If such Goods are rejected, the Supplier will pay the following costs: a) for Goods purchased in South Africa on an ex works basis, the cost of transport from the Supplier’s works in South Africa to the named destination where the Goods have been rejected by Transnet, plus handling charges and storage, if leviable; or b) for Goods manufactured overseas, the Supplier shall pay all replacement costs including the overseas inland transport cost, freight and insurance charges incurred plus railage or other inland transport costs from the South African port to the place where the Goods have been rejected by Transnet, including handling charges, storage, landing charges, customs duty and surcharges, if leviable. 20.4 If Transnet requires rejected Goods to be replaced, the Supplier shall, when called upon to do so, arrange prompt replacement of the Goods within the prescribed manufacturing lead times for such Goods, as indicated in Schedule 1. 20.5 If Goods are found to be defective but the defects are, in the opinion of Transnet, not of so serious a nature as to warrant total rejection of the Goods, the Supplier shall, when called upon to do so, remedy or make good such defects at its own cost, or Transnet may remedy or make good such defects at the request of the Supplier and recover from the Supplier all costs or expenses reasonably incurred by it in doing so. 20.6 Should the Supplier fail, when called upon to remedy or make good such defects within a reasonable time or to request Transnet to do so, Transnet may proceed to remedy or make good such defects and thereafter recover from the Supplier all such costs and expenses as aforementioned. 20.7 Any amount recoverable from the Supplier in terms of this clause may, without prejudice to any other legal remedies available to Transnet, be deducted in whole or in part from any monies in the hands of Transnet which are due for payment to the Supplier.

  • Defective Products A defective product may be returned to PRECISIONARY INSTRUMENTS within thirty (30) days of the delivery date for a refund of the original purchase price with the following amendments/fees. To return a defective product, please contact our Customer Service Department and follow the Return of Products Instructions below.

  • Merchandise Programs, T-shirts, souvenirs, posters, novelty items, clothing apparel, and recorded media will be sold in the Centre only by BCEC Management or representatives nominated by it, unless BCEC Management agrees in writing to waive this condition. BCEC Management will retain 18% (including GST) of gross merchandise sales. All revenue derived from the sale of motion pictures, still photography, television or radio recordings, or other similar rights, is to be subject to a seperate agreement between Hirer and BCEC Management. In addition to its responsibilities under clause 7.1, Xxxxx must: (a) ensure that all performances include an interval of not less than 20 minutes; (b) ensure that all advertising, promotion and publicity for the Event or performances in the Event includes the following details: (i) ticket prices, advertised as "$ (basic ticket price) plus normal fees"; (ii) the time of each performance in the Event; (iii) details of any supporting acts for the main performance in the Event; and (iv) ticket booking details including the name of any ticketing agent of BCEC Management and the box office telephone number of BCEC Management or its ticketing agent; and (c) ensure that any tickets are sold only by outlets nominated by BCEC Management at the agreed ticket prices.

  • Defective Product If Client rejects Products under Section 6.1 and the deviation is determined to have arisen from Patheon’s failure to provide the Manufacturing Services in accordance with the Specifications, cGMPs, or Applicable Laws, Patheon will credit Client’s account for Patheon’s invoice price for the defective Products. If Client previously paid for the defective Products, Patheon will promptly, at Client’s election, either: (i) refund the invoice price for the defective Products; (ii) offset the amount paid against other amounts due to Patheon hereunder; or (iii) replace the Products with conforming Products without Client being liable for payment therefor under Section 3.1, contingent upon the receipt from Client of all Active Materials and Client-Supplied Components required for the manufacture of the replacement Products. For greater certainty, Patheon’s responsibility for any loss of Active Materials in defective Product will be captured and calculated in the Active Materials Yield under Section 2.2.

  • Defective Work Work that, for any reason, is not in compliance with the Contract Documents. Defective Work is usually identified in a Notice of Non-Compliant Work.

  • 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.

  • Tooling Unless otherwise specified in this Agreement, all tooling and/or all other articles required for the performance hereof shall be furnished by Seller, maintained in good condition and replaced when necessary at Seller's expense. If NETAPP agrees to pay Seller for special tooling or other items either separately or as a stated part of the unit price of Goods purchased herein, title to same shall be and remain in NETAPP upon payment therefore.

  • Nonconforming Work 5.6.1 Rejection, Removal and Replacement of Nonconforming Work

  • Customer Equipment Customer represents and warrants that it owns or has the legal right and authority, and will continue to own or maintain the legal right and authority during the term of this Agreement, to place and use the Customer Equipment as contemplated by this Agreement. Customer further represents and warrants that its placement, arrangement, and use of the Customer Equipment in the Internet Data Centers complies with the Customer Equipment Manufacturer's environmental and other specifications.

  • Goods For purposes of the Contract, all things which are movable at the time that the Contract is effective and which include, without limiting this definition, supplies, materials and equipment, as specified in the Invitation to Bid and set forth in Exhibit A.

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