Defective Merchandise Clause Samples
The Defective Merchandise clause outlines the procedures and responsibilities when goods delivered under a contract are found to be faulty or not conforming to agreed specifications. Typically, this clause requires the seller to repair, replace, or refund defective items within a specified timeframe, and may set out how defects are reported and verified. Its core function is to protect the buyer by ensuring they receive products that meet quality standards, while providing a clear process for resolving issues with defective goods.
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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...
Defective Merchandise. Notwithstanding the foregoing, "Merchandise" shall not include: (1) goods which belong to sublessees, licensees or concessionaires of Merchant; (2) goods held by Merchant on memo, on consignment, or as bailee; (3) furnishings, trade fixtures, equipment and improvements to real property which are located in the Stores (collectively, "FF&E"); or (4) Defective ---- Merchandise for which Merchant and Agent cannot agree upon a Cost Value.
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.
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.
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.
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 ▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇.▇▇
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.