Common use of Defects and Returns Clause in Contracts

Defects and Returns. 13.1 The Customer shall inspect the Parts on delivery and shall within seven (7) days of delivery (time being of the essence) notify Pit Stop of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford Pit Stop an opportunity to inspect the Parts within a reasonable time following delivery if the Customer believes the Parts are defective in any way. If the Customer shall fail to comply with these provisions the Parts shall be presumed to be free from any defect or damage. For defective Parts, which Pit Stop has agreed in writing that the Customer is entitled to reject, Pit Stop’s liability is limited to either (at Pit Stop’s discretion) replacing the Parts or repairing the Parts. 13.2 Returns will only be accepted provided that: (a) the Customer has complied with the provisions of clause 13.1; and (b) Pit Stop has agreed in writing to accept the return of the Parts; and (c) the Parts are returned at the Customer’s cost within fourteen (14) days of the delivery date; and (d) Pit Stop will not be liable for Parts which have not been stored or used in a proper manner; and (e) the Parts are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances. 13.3 Pit Stop may (in its discretion) accept the return of Parts for credit but this may incur a handling fee of ten percent (10%) of the value of the returned Parts plus any freight. 13.4 Subject to clause 13.1, non-stocklist items or Parts made to the Customer’s specifications are under no circumstances acceptable for credit or return.

Defects and Returns. 13.1 21.1 The Customer Client shall inspect the Parts Goods/Equipment on delivery Delivery and shall within seven (7) days of delivery Delivery (time being of the essence) notify Pit Stop the Supplier of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer Client shall afford Pit Stop the Supplier an opportunity to inspect the Parts Goods/Equipment within a reasonable time following delivery Delivery if the Customer Client believes the Parts Goods are defective in any way. If the Customer Client shall fail to comply with these provisions the Parts Goods/Equipment shall be presumed to be free from any defect or damage. For defective PartsGoods/Equipment, which Pit Stop the Supplier has agreed in writing that the Customer Client is entitled to reject, Pit Stopthe Supplier’s liability is limited to either (at Pit Stopthe Supplier’s discretion) replacing the Parts Goods/Equipment or repairing the PartsGoods/Equipment. 13.2 Returns 21.2 Goods/Equipment will only not be accepted for return for any reason other than those specified in clause 21.1 above (or in the case of Equipment hire, normal termination of Equipment hire in accordance with the full terms and conditions herein) provided that: (a) the Customer Client has complied with the provisions of clause 13.121.1; and (b) Pit Stop the Supplier has agreed in writing to accept the return of the PartsGoods; and (c) the Parts Goods are returned at the CustomerClient’s cost within fourteen (14) days of the delivery Delivery date; and (d) Pit Stop the Supplier will not be liable for Parts Goods which have not been stored or used in a proper manner; and (e) the Parts Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances. 13.3 Pit Stop may (in its discretion) accept the return of Parts for credit but this may incur a handling fee of ten percent (10%) of the value of the returned Parts plus any freight. 13.4 Subject to clause 13.1, non-stocklist items or Parts made to the Customer’s specifications are under no circumstances acceptable for credit or return.

Defects and Returns. 13.1 3.1 The Customer shall inspect the Parts Materials on delivery and shall within seven (7) days of delivery (time being of the essence) notify Pit Stop P & M Fireplaces of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford Pit Stop P & M Fireplaces an opportunity to inspect the Parts Materials within a reasonable time following delivery if the Customer believes the Parts Materials are defective in any way. If the Customer shall fail to comply with these provisions the Parts Materials shall be presumed to be free from any defect or damage. For defective PartsMaterials, which Pit Stop P & M Fireplaces has agreed in writing that the Customer is entitled to reject, Pit Stop’s P & M Fireplaces’ liability is limited to either (at Pit Stop’s P & M Fireplaces’ discretion) replacing the Parts Materials or repairing the PartsMaterials. 13.2 3.2 Returns will only be accepted provided that: (a) the Customer has complied with the provisions of clause 13.13.1; and (b) Pit Stop P & M Fireplaces has agreed in writing to accept the return of the PartsMaterials; and (c) the Parts Materials are returned at the Customer’s cost within fourteen (14) days of the delivery date; and (d) Pit Stop P & M Fireplaces will not be liable for Parts Materials which have not been stored or used in a proper manner; and (e) the Parts Materials are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances. 13.3 Pit Stop may (in its discretion) accept the return of Parts for credit but this may incur a handling fee of ten percent (10%) of the value of the returned Parts plus any freight. 13.4 3.3 Subject to clause 13.13.1, non-stocklist items or Parts Materials made to the Customer’s specifications are under no circumstances acceptable for credit or return.

Defects and Returns. 13.1 The Customer Client shall inspect the Parts Materials on delivery and shall within seven three (73) days of delivery (time being of the essence) notify Pit Stop the Contractor of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer Client shall afford Pit Stop the Contractor an opportunity to inspect the Parts Materials within a reasonable time following delivery if the Customer Client believes the Parts Materials are defective in any way. If the Customer Client shall fail to comply with these provisions the Parts Materials shall be presumed to be free from any defect or damage. For defective PartsMaterials, which Pit Stop the Contractor has agreed in writing that the Customer Client is entitled to reject, Pit Stopthe Contractor’s liability is limited to either (at Pit Stopthe Contractor’s discretion) replacing the Parts Materials or repairing the PartsMaterials. 13.2 Returns Materials will only not be accepted for return other than in accordance with 13.1 above and provided that: (a) the Customer has complied with the provisions of clause 13.1; and (b) Pit Stop Contractor has agreed in writing to accept the return of the PartsMaterials; and (cb) the Parts Materials are returned at the CustomerClient’s cost within fourteen seven (147) days of the delivery date; and (dc) Pit Stop the Contractor will not be liable for Parts Materials which have not been stored or used in a proper manner; and (ed) the Parts Materials are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances. 13.3 Pit Stop The Contractor may (in its discretion) accept the return of Parts Materials for credit but this may incur a handling fee of ten twenty percent (1020%) of the value of the returned Parts Materials plus any freight. 13.4 Subject to clause 13.1, non-stocklist items or Parts Materials made to the CustomerClient’s specifications are under no circumstances acceptable for credit or return.