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 Products. Products with written warranties will be replaced, or credited to customers account at AC Electronics' option. For defective products, warranty periods and services vary by manufacturer and product. Not all products are covered by a manufacturer's warranty. "Rated Average Life Hours" is not a valid warranty period for lamps. All lamps may be returned within 30 days from the date of purchase, regardless of manufacturer's warranty, provided that, if used, they are only used in the applications for which they were designed. After 30 days, the customer will be charged the freight for replacement.
Defective Products. 15.1 The Purchaser shall notify GSK or the Nominated Supplier (or ensure that GSK or the Nominated Supplier is notified) in writing within [***] of any Delivery of Products if the Delivery is incomplete in accordance with the terms of this Agreement (a “Rejection Notice”). GSK shall use its Commercially Reasonable Efforts to rectify the incomplete delivery within [***] of receipt of the Rejection Notice. If no Rejection Notice is provided to GSK or the Nominated Supplier within [***] of the Delivery of Products, the Delivery shall be deemed complete.
15.2 The Purchaser shall have the right to reject any allegedly Defective Products upon written notice to GSK, such notice to include the reason(s) for the rejection and to be accompanied with any supporting documentation or other evidence, such right to be exercised within the period stipulated in the Quality Agreement (or, if no such period is stipulated, within (i) [***] after the Delivery of Products or (ii) in the case of Latent Defects, [***] after discovery of the Latent Defect). Unless the Purchaser complies with the provisions of this Clause 15.2, the Delivery of Products shall be deemed accepted by the Purchaser and the Purchaser shall have no right to reject the same.
15.3 If the Purchaser purports to reject any Products pursuant to Clause 15.2:
(A) the Purchaser shall store the rejected Products in quarantine in accordance with GSK’s reasonable instructions and shall allow GSK (or its nominated representatives) to inspect and/or analyse the same;
(B) the Parties shall use reasonable endeavours to agree whether or not the rejected Products are Defective; and
(C) if, within [***] of GSK or the Nominated Supplier being notified pursuant to Clause 15.2, the Parties fail to agree whether or not the rejected Products are Defective, the dispute shall be referred to and determined by an Independent Expert whose decision shall be final and binding on the Parties. The Independent Expert shall act as an expert and not as an arbitrator and (unless the Independent Expert otherwise determines) his or her fees shall be paid by the Party against whom the Independent Expert’s decision is given. CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED BECAUSE DERMAVANT SCIENCES LTD. HAS DETERMINED THE INFORMATION (I) IS NOT MATERIAL AND (II) WOULD LIKELY CAUSE COMPETITIVE HARM TO DERMAVANT SCIENCES LTD. IF PUBLICLY DISCLOSED.
15.4 If the Parties agree, or if the Independent Expe...
Defective Products. The Company has not manufactured, sold or supplied products or services which were or are or will become in any material respect faulty or defective, or which were negligent, or which do not comply in any material respect with all warranties or representations, express or implied, made in relation to them, or with all applicable regulations, standards and requirements.
Defective Products. As used in this Agreement, the term “Defective Products” means any Product which fails to meet the warranty contained in Section 2.8 within the warranty periods described in Schedule A. “Defective Products” shall specifically exclude, without limitation, any Products (i) which have been subjected to misuse, negligence, accident, or improper maintenance, installation, or application or (ii) which have been altered without the Sensor-Technik’s prior written consent.
Defective Products. Dead on Arrival (DOA). Tech Data shall have the right to --------------------------------------- return to NetIQ for Return Credit any DOA Product that is returned to Tech Data within ninety (90) days after the initial delivery date to the End User and any Product that fails to perform in accordance with NetIQ's Product warranty. NetIQ shall bear all costs of shipping and risk of loss of DOA and in-warranty Products to NetIQ's location and back to Tech Data or Tech Data's Customer.
Defective Products. None of the Group Companies has manufactured, sold or supplied products which are, or were, in any material respect, faulty or defective, or which do not comply in any material respect with any representations or warranties expressly made by such Group Company, or with all applicable regulations, standards and requirements.
Defective Products. For purposes of this Agreement, a "Defective" Product means any Product that is visually or operationally defective and Product that has been returned by a customer in accordance with Dealer's end-user return policy. Dealer's end-user return policy allows for the return of most Products with or without cause for a specified period after purchase, regardless of whether the Product packaging has been opened or whether the Product is actually defective. Dealer will promptly notify Vendor upon Dealer's discovery of any Defective Product.
Defective Products. All defective products shall be replaced and exchanged by the contractor. The cost of transportation, unpacking, inspection, repacking, reshipping or other like expenses shall be paid by the contractor. All replacement products must be received by the State within ten (10) days of initial written notification unless otherwise agreed to by the Agency.
Defective Products. Supplier shall accept the return of any Products that Distributor’s Quality Assurance and/or Regulatory departments find unacceptable (“Rejected Products”) and upon return of such Rejected Products, shall provide Distributor with new Products at no cost.
