Common use of Defects and Returns Clause in Contracts

Defects and Returns. 18.1 The Client shall inspect the Goods/Equipment on Delivery and shall within seven (7) days of Delivery (time being of the essence) notify Safe Hire Limited of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford Safe Hire Limited an opportunity to inspect the Goods/Equipment within a reasonable time following Delivery if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions the Goods/Equipment shall be presumed to be free from any defect or damage. For defective Goods/Equipment, which Safe Hire Limited has agreed in writing that the Client is entitled to reject, Safe Hire Limited’s liability is limited to either (at Safe Hire Limited’s discretion) replacing the Goods/Equipment or repairing the Goods/Equipment. 18.2 Goods/Equipment will not be accepted for return for any reason other than those specified in clause 18.1 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 Client has complied with the provisions of clause 18.1; and (b) Safe Hire Limited has agreed in writing to accept the return of the Goods; and (c) the Goods are returned at the Client’s cost within fourteen (14) days of the Delivery date; and (d) Safe Hire Limited will not be liable for Goods which have not been stored or used in a proper manner; and (e) the 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. 18.3 Non-stocklist items or Goods made to the Client’s specifications are under no circumstances acceptable for credit or return.

Appears in 1 contract

Samples: Service Agreement

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Defects and Returns. 18.1 16.1 The Client shall inspect the Goods/Equipment on Delivery and shall within seven (7) days of Delivery (time being of the essence) notify Safe Hire Limited the Supplier of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford Safe Hire Limited the Supplier an opportunity to inspect the Goods/Equipment within a reasonable time following Delivery if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions the Goods/Equipment shall be presumed to be free from any defect or damage. For defective Goods/Equipment, which Safe Hire Limited the Supplier has agreed in writing that the Client is entitled to reject, Safe Hire Limitedthe Supplier’s liability is limited to either (at Safe Hire Limitedthe Supplier’s discretion) replacing the Goods/Equipment or repairing the Goods/Equipment. 18.2 Goods/Equipment 16.2 Returns of Goods will not only be accepted for return for any reason other than those specified in clause 18.1 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 Client has complied with the provisions of clause 18.116.1; and (b) Safe Hire Limited the Supplier has agreed in writing to accept the return of the Goods; and (c) the Goods are returned at the Client’s cost within fourteen seven (147) days of the Delivery date; and (d) Safe Hire Limited the Supplier will not be liable for Goods which have not been stored or used in a proper manner; and (e) the 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. 18.3 16.3 The Supplier may (in its discretion) accept the return of Goods for credit but this may incur a handling fee of twenty percent (20%) of the value of the returned Goods plus any freight. 16.4 Non-stocklist items or Goods made to the Client’s specifications are under no circumstances acceptable for credit or return.

Appears in 1 contract

Samples: Supply Agreement

Defects and Returns. 18.1 16.1 The Client shall inspect the GoodsMaterials/Equipment on Delivery and shall within seven (7) days of Delivery (time being of the essence) notify Safe Hire Limited the Contractor of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford Safe Hire Limited the Contractor an opportunity to inspect the GoodsMaterials/Equipment within a reasonable time following Delivery if the Client believes the Goods Materials/Equipment are defective in any way. If the Client shall fail to comply with these provisions the GoodsMaterials/Equipment shall be presumed to be free from any defect or damage. For defective GoodsMaterials/Equipment, which Safe Hire Limited the Contractor has agreed in writing that the Client is entitled to reject, Safe Hire Limitedthe Contractor’s liability is limited to either (at Safe Hire Limitedthe Contractor’s discretion) replacing the GoodsMaterials/Equipment or repairing the GoodsMaterials/Equipment. 18.2 Goods/Equipment 16.2 Returns will not only be accepted for return for any reason other than those specified in clause 18.1 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 Client has complied with the provisions of clause 18.116.1; and (b) Safe Hire Limited the Contractor has agreed in writing to accept the return of the GoodsMaterials; and (c) the Goods Materials are returned at the Client’s cost within fourteen seven (147) days of the Delivery delivery date; and (d) Safe Hire Limited the Contractor will not be liable for Goods Materials which have not been stored or used in a proper manner; and (e) the Goods 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. 18.3 Non16.3 The Contractor may (in its discretion) accept the return of Materials for credit but this may incur a handling fee of twenty percent (20%) of the value of the returned Materials plus any freight. 16.4 Subject to clause 16.1, non-stocklist items or Goods Materials made to the Client’s specifications are under no circumstances acceptable for credit or return.

Appears in 1 contract

Samples: Contract

Defects and Returns. 18.1 14.1 The Client shall inspect the Goods/Equipment on Delivery and shall within seven ten (710) days of Delivery (time being of the essence) notify Safe Hire Limited Walkie Talkie of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford Safe Hire Limited Walkie Talkie an opportunity to inspect the Goods/Equipment within a reasonable time following Delivery if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions the Goods/Equipment shall be presumed to be free from any defect or damage. For defective Goods/Equipment, which Safe Hire Limited Walkie Talkie has agreed in writing that the Client is entitled to reject, Safe Hire LimitedWalkie Talkie’s liability is limited to either (at Safe Hire LimitedWalkie Talkie’s discretion) replacing the Goods/Equipment or repairing the Goods/Equipment. 18.2 Goods/Equipment 14.2 Returns of Goods will not only be accepted for return for any reason other than those specified in clause 18.1 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 Client has complied with the provisions of clause 18.1; and14.1; (b) Safe Hire Limited Xxxxxx Talkie has agreed in writing to accept the return of the Goods; and; (c) the Goods are returned at the Client’s cost within fourteen (14) days of the Delivery date; and; (d) Safe Hire Limited Walkie Talkie will not be liable for Goods which have not been stored or used in a proper manner; and (e) the 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. 18.3 Non14.3 Walkie Talkie may (in its discretion) accept the return of Goods for credit but this may incur a handling fee of twenty percent (20%) of the value of the returned Goods plus any freight. 14.4 Returned goods may (at Walkie Talkie’s sole discretion), incur restocking and handling fees. 14.5 Subject to clause 14.1, non-stocklist items or Goods made to the Client’s specifications are under no circumstances not acceptable for credit or return.

Appears in 1 contract

Samples: Service Agreement

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Defects and Returns. 18.1 17.1 The Client shall inspect the GoodsMaterials on collection/Equipment on Delivery delivery and prior to installation of the Works and shall within seven (7) days of Delivery delivery (time being of the essence) notify Safe Hire Limited Designastyle of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. Batches, sizes and quantities must be checked prior to installation. The Client shall afford Safe Hire Limited Designastyle an opportunity to inspect the Goods/Equipment Materials or Works within a reasonable time following Delivery delivery if the Client believes the Goods Materials or Works are defective in any way. If the Client shall fail to comply with these provisions the Goods/Equipment Materials or Works shall be presumed to be free from any defect or damage. For defective Goods/EquipmentMaterials, which Safe Hire Limited Designastyle has agreed in writing that the Client is entitled to reject, Safe Hire LimitedDesignastyle’s liability is limited to either (at Safe Hire LimitedDesignastyle’s discretion) replacing the Goods/Equipment Materials or repairing the Goods/EquipmentWorks. 18.2 Goods/Equipment 17.2 Returns will not only be accepted for return for any reason other than those specified in clause 18.1 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 Client has complied with the provisions of clause 18.117.1; and (b) Safe Hire Limited Designastyle has agreed in writing to accept the return of the GoodsMaterials; and (c) the Goods Materials are returned at the Client’s cost within fourteen (14) days of the Delivery delivery date; and (d) Safe Hire Limited Designastyle will not be liable for Goods Materials which have not been stored or used in a proper manner; and (e) the Goods Materials are returned in the condition in which they were delivered and with all packaging material, unopened full boxes, brochures and instruction material in as new condition as is reasonably possible in the circumstances. 18.3 Non17.3 Designastyle may (in its discretion) accept the return of Materials for credit but this may incur a handling fee of twenty percent (20%) of the value of the returned Materials plus any freight. 17.4 Subject to clause 17.1, non-stocklist items or Goods Materials made to the Client’s specifications or indented stock are under no circumstances acceptable for credit or return.

Appears in 1 contract

Samples: Contract

Defects and Returns. 18.1 12.1 The Client Buyer shall inspect the Goods/Equipment Goods on Delivery delivery and shall within seven fourteen (714) days of Delivery delivery (time being of the essence) notify Safe Hire Limited the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client Buyer shall afford Safe Hire Limited the Seller an opportunity to inspect the Goods/Equipment Goods within a reasonable time following Delivery delivery if the Client Buyer believes the Goods are defective in any way. If the Client Buyer shall fail to comply with these provisions the Goods/Equipment Goods shall be presumed to be free from any defect or damage. For defective Goods/Equipment, which Safe Hire Limited the Seller has agreed in writing that the Client Buyer is entitled to reject, Safe Hire Limitedthe Seller’s liability is limited to either (at Safe Hire Limitedthe Seller’s discretion) replacing the Goods/Equipment Goods or repairing the Goods/Equipment, to a quality as new, which would enable the Buyer to sell to its customers as new and not as “second –hand”. 18.2 Goods/Equipment 12.2 Goods will not be accepted for return for any reason other than those specified in clause 18.1 above (or in the case of Equipment hire, normal termination of Equipment hire in accordance with the full terms 12.1 above, and conditions herein) provided that: (a) the Client has complied with the provisions of clause 18.1; and (b) Safe Hire Limited Seller has agreed in writing to accept the return of the Goods; and (cb) the Goods are returned at the Client’s cost within fourteen (14) days of the Delivery delivery date; and (dc) Safe Hire Limited the Seller will not be liable for Goods which have not been stored or used in a proper manner; and (ed) the 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; and (e) Goods are returned with the original packing slip or invoice number; and (f) returned Goods are clearly identified with the Buyers’ name. 18.3 Non12.3 If the Seller accepts that the Buyer is entitled to reject the Goods following their return pursuant to clause 12.2(b) the Seller will reimburse the Buyer’s actual and reasonable costs of return Delivery. 12.4 The Seller may (in its discretion) accept the return of non-defective Goods for credit but this may incur a handling fee of twenty percent (20%) of the value of the returned Goods plus any freight, (only if the Buyer is at fault in ordering them). 12.5 Subject to clause 12.1, non-stocklist items or Goods made to the ClientBuyer’s specifications are under no circumstances not acceptable for credit or return.

Appears in 1 contract

Samples: Terms & Conditions of Trade

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