Common use of Defective or Non-Conforming Merchandise Clause in Contracts

Defective or Non-Conforming Merchandise. If any Merchandise is defective, unsuitable, does not conform to all terms hereof and of the Order and all warranties implied by law, Buyer may at its option return it to Vendor for full credit or refund of the purchase price or repair it at Vendor's expense, and may change Vendor such price or expenses and the cost of any incurred inbound and outbound freight and a handling, storage and inspection charge of 71/2% of the returned Merchandise invoice price. Buyer shall be under no duty to inspect any Merchandise before resale thereof, and resale, or repackaging or repackaging for the purpose of resale, shall 25 not constitute a waiver of, or otherwise limit, any of Buyer's rights resulting from defective or non-conforming Merchandise.

Appears in 5 contracts

Samples: Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc), Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc), Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc)

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Defective or Non-Conforming Merchandise. If any Merchandise is defective, unsuitable, does not conform to all terms hereof and of the Order and all warranties implied by law, Buyer may at its option return it to Vendor for full credit or refund of the purchase price or repair it at Vendor's expense, and may change Vendor such price or expenses and the cost of any incurred inbound and outbound freight and a handling, storage and inspection charge of 71/2% of the returned Merchandise invoice price. Buyer shall be under no duty to inspect any Merchandise before resale thereof, and resale, or repackaging or repackaging for the purpose of resale, shall 25 29 not constitute a waiver of, or otherwise limit, any of Buyer's rights resulting from defective or non-conforming Merchandise.

Appears in 3 contracts

Samples: Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc), Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc), Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc)

Defective or Non-Conforming Merchandise. If any Merchandise is defective, unsuitable, does not conform to all terms hereof and of the Order and all warranties implied by law, Buyer may at its option return it to Vendor for full credit or refund of the purchase price or repair it at Vendor's expense, and may change Vendor such price or expenses and the cost of any incurred inbound and outbound freight and a handling, storage and inspection charge of 71/27 1/2% of the returned Merchandise invoice price. Buyer shall be under no duty to inspect any Merchandise before resale thereof, and resale, or repackaging or repackaging for the purpose of resale, shall 25 not constitute a waiver of, or otherwise limit, any of Buyer's rights resulting from defective or non-conforming Merchandise.

Appears in 2 contracts

Samples: Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc), Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc)

Defective or Non-Conforming Merchandise. If any Merchandise is defective, unsuitable, does not conform to all terms hereof and of the Order and all warranties implied by law, Buyer may at its option return it to Vendor for full credit or refund of the purchase price or repair it at Vendor's expense, and may change Vendor such price or expenses and the cost of any incurred inbound and outbound freight and a handling, storage and inspection charge of 71/2% of the returned Merchandise invoice price. Buyer shall be under no duty to inspect any Merchandise before resale thereof, and resale, or repackaging or repackaging for the purpose of resale, shall 25 not constitute a waiver of, or otherwise limit, any of Buyer's rights resulting from defective or non-conforming Merchandise.

Appears in 2 contracts

Samples: Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc), Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc)

Defective or Non-Conforming Merchandise. If any Merchandise is defective, unsuitable, does not conform to all terms hereof and of the Order and all warranties implied by law, Buyer may at its option options return it to Vendor for full credit or refund of the purchase price or repair it at Vendor's expense, and may change charge Vendor such price or expenses expense and the cost of any incurred inbound and outbound freight and a handling, storage and inspection charge of 71/27 1/2% of the returned Merchandise invoice price. Buyer shall be under no duty to inspect any Merchandise before resale thereof, and resale, or repackaging or repackaging repacking for the purpose of resale, shall 25 not constitute a waiver of, or otherwise limit, any of the Buyer's rights resulting from defective or non-conforming nonconforming Merchandise.

Appears in 1 contract

Samples: Purchase, Distribution and Marketing Agreement (Salton Maxim Housewares Inc)

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Defective or Non-Conforming Merchandise. If any Merchandise is defective, unsuitable, does not conform to all terms hereof and of the Order and all warranties implied by law, Buyer may at its option options return it to Vendor for full credit or refund of the purchase price or repair it at Vendor's expense, and may change charge Vendor such price or expenses expense and the cost of any incurred inbound and outbound freight and a handling, storage and inspection charge of 71/27 1/2% of the returned Merchandise invoice price. Buyer shall be under no duty to inspect any Merchandise before resale thereof, and resale, or repackaging or repackaging repacking for the purpose of resale, shall 25 not constitute a waiver of, or otherwise limit, any of the Buyer's rights resulting from defective or non-conforming Merchandise.

Appears in 1 contract

Samples: Purchase, Distribution and Marketing Agreement (Salton Maxim Housewares Inc)

Defective or Non-Conforming Merchandise. If any Merchandise is defective, unsuitable, does not conform to all terms hereof and of the Order and all warranties implied by law, Buyer may at its option return it to Vendor for full credit or refund of the purchase price or repair it at Vendor's expense, and may change charge Vendor such price or expenses expense and the cost of any incurred inbound and outbound freight and a handling, storage and inspection charge of 71/27-1/2% of the returned Merchandise invoice price. Buyer shall be under no duty to inspect any Merchandise before resale thereof, and resale, or repackaging or repackaging repacking for the purpose of resale, shall 25 not constitute a waiver of, or otherwise limit, any of Buyer's rights resulting from defective or non-conforming Merchandise.

Appears in 1 contract

Samples: Purchase, Distribution and Marketing Agreement (Newtech Corp)

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