DEFECTIVE OR DAMAGED PRODUCTS Sample Clauses

DEFECTIVE OR DAMAGED PRODUCTS. Notwithstanding prior inspection, payment for, or use of the Products, Buyer shall have the right to reject any Products which do not conform to the requirements of this order. Buyer, at its option and at the expense and risk of Seller, may either return such rejected Products to Seller or hold them for such disposal as Seller shall indicate, without notice to any other person whatever, notwithstanding any assignments by Seller of the Agreement or of any sums hereunder. Any payments made on such rejected Products shall be immediately refunded to Buyer. Seller shall pay transportation charges both ways on rejected Products. Buyer’s rights under this paragraph shall be in addition to and shall not be deemed to diminish its rights under Section 2 hereof entitled, “Warranty” and Section 7 hereof entitled, “Remedies.” In case of a dispute as to whether Products meet contract Specifications, Seller or Buyer may designate a mutually acceptable independent testing company and/or surveyor to make an examination and in such case said testing company’s and/or surveyor’s findings shall be conclusive and binding on both parties (the expense of which examination shall be borne by Seller with respect to each item found not to conform to Specifications and by Buyer with respect to each item found to conform to Specifications).
Sample 1
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DEFECTIVE OR DAMAGED PRODUCTS. Notwithstanding prior inspection, payment for, or use of the Products, Buyer shall have the right to reject any Products, which do not conform to the requirements of this order. Buyer, at its option and at the expense and risk of Seller, may either return such rejected Products to Seller or hold them for such disposal as Seller shall indicate, without notice to any other person whatever, notwithstanding any assignments by Seller of the Agreement or of any sums hereunder. Any payments made on such rejected Products shall be immediately refunded to Buyer. Seller shall pay transportation rights under this paragraph shall be in addition to Specifications, Seller or Buyer may designate a mutually acceptable independent testing company findings shall be conclusive and binding on both parties (the expense of which examination shall be borne by Seller with respect to each item found not to conform to Specifications and by Buyer with respect to each item found to conform to Specifications).
Sample 1
DEFECTIVE OR DAMAGED PRODUCTS. In the event that a product is defective or otherwise in contravention of clause 2, then not withstanding a consignment notice, the Purchaser may elect to have the defective product returned to the Supplier. The Supplier shall be responsible for any applicable costs for freight, duties and tax for the return of such products.
Sample 1

Related to DEFECTIVE OR DAMAGED PRODUCTS

  • 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.

  • 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.

  • Product Warranty Seller provides general warranties of fitness and general warranties that the goods are free from defects, for 1 year from acceptance of the goods, except as may otherwise be set forth in the Description/Proposal, or other attached warranty.

  • Latent Defects Notwithstanding anything to the contrary set forth herein, no acceptance, or deemed acceptance, by City pursuant to this Section shall be applicable with respect to any Latent Defects. An acceptance, or deemed acceptance, by City pursuant to this Section shall not mean that City has accepted, or the other party has been relieved of, responsibility for: (i) compliance with the Laws; (ii) the proper application of construction means or methods; or (iii) correcting any portion of the Project if it later is determined that any portion of the Project is inconsistent with the Final Documents and Drawings.

  • Risk of Loss or Damage The Lessee assumes all risk of loss or damage to the Equipment from any cause and agrees to return it to the Lessor in the condition received, with the exception of wear and tear, unless otherwise provided in this Agreement.

  • Product Warranty and Product Liability Set forth in Schedule 3.14 of the Disclosure Schedule is a true, correct and complete copy of the Company's standard warranty or warranties for sales of its products.

  • Manufacture 2.1. The LED(s) on the LED module shall be equipped with suitable fixation elements. 2.2. The fixation elements shall be strong and firmly secured to the LED(s) and the LED module.

  • Products Products available under this Contract are limited to Software, including Software as a Service, products and related products as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.B above. Vendor may not add a manufacturer’s product line which was not included in the Vendor’s response to the solicitation described in Section 1.B above.

  • Custom Products Effective upon creation of Custom Products, Contractor hereby conveys, assigns and transfers to Authorized User the sole and exclusive rights, title and interest in Custom Product(s), whether preliminary, final or otherwise, including all trademark and copyrights. Contractor hereby agrees to take all necessary and appropriate steps to ensure that the Custom Products are protected against unauthorized copying, reproduction and marketing by or through Contractor, its agents, employees, or Subcontractors. Nothing herein shall preclude the Contractor from otherwise using the related or underlying general knowledge, skills, ideas, concepts, techniques and experience developed under a Purchase Order, project definition or work order in the course of Contractor’s business. Authorized User may, by providing written notice thereof to the Contractor, elect in the alternative to take a non-exclusive perpetual license to Custom Products in lieu of Authorized User taking exclusive ownership and title to such Products. In such case, Licensee on behalf of all Authorized Users shall be granted a non-exclusive perpetual license to use, execute, reproduce, display, perform, adapt and distribute Custom Product as necessary to fully effect the general business purpose(s) as stated in paragraph (b)(i)(2), above.

  • Loss or Damage The District and its agents and authorized representatives shall not in any way or manner be answerable or suffer loss, damage, expense, or liability for any loss or damage that may happen to the Work, or any part thereof, or in or about the same during its construction and before acceptance, and the Contractor shall assume all liabilities of every kind or nature arising from the Work, either by accident, negligence, theft, vandalism, or any cause whatsoever; and shall hold the District and its agents and authorized representatives harmless from all liability of every kind and nature arising from accident, negligence, or any cause whatsoever.

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