Common use of Delivery, Acceptance, Shortages and Returns Clause in Contracts

Delivery, Acceptance, Shortages and Returns. Unless otherwise agreed, delivery shall be made Ex Works (Incoterms 2010) at SELLER'S warehouse or other designated location (“Delivery”) and risk of loss shall pass to the PURCHASER. SELLER will deliver the Parts in conformity with the description and the condition set forth in the Quote. PURCHASER will accept each Part upon Delivery, subject to inspection and (i) the right to claim shortages of any Parts (“Shortage”) by notice in writing given to SELLER within five (5) days after receipt of the shipment of Parts and (ii) the right to claim rejection of any Parts not conforming to the description and the condition (including words to the effect “as removed, guaranteed repairable”) in the Quote (hereinafter “Non-conforming Parts”) by notice in writing given to SELLER within thirty (30) days after Delivery. If the respective notices are not timely given, then it will be conclusively deemed for all purposes that the Parts were delivered and conform in all respe cts. PURCHASER will promptly return to SELLER (after obtaining an RMA# by calling +0 (000) 000-0000 or contacting your Sales or Account Manager Representative) or dispose of any Non-conforming Part pursuant to SELLER's written instruction at PURCHASER's expense, in either case subject to potential credit as provided herein. SELLER reserves the right and has the sole discretion to determine whether any Parts were a Shortage or Non-conforming Part and will not issue a credit for the Shortage or Non-conforming Part or return transportation if the request from PURCHASER be determined as incorrect or invalid. SELLER will, within a reasonable period of time after notice of rejection and return of the Non-conforming Parts, ship conforming Parts to replace any Non-conforming Parts unless PURCHASER cancels its order with respect to such Non-conforming Parts. All returns, for any reason, other than SELLER approved Non-conforming Part, will be subject to a 25% restock fee.

Delivery, Acceptance, Shortages and Returns. Unless otherwise agreed, delivery shall be made Ex Works (Incoterms 2010) at SELLER'S warehouse or other designated location (“Delivery”) and risk of loss shall pass to the PURCHASER. SELLER will deliver the Parts in conformity with the description and the condition set forth in the Quote. PURCHASER will accept each Part upon Delivery, subject to inspection and (i) the right to claim shortages of any Parts (“Shortage”) by notice in writing given to SELLER within five (5) days after receipt of the shipment of Parts and (ii) the right to claim rejection of any Parts not conforming to the description and the condition (including words to the effect “as removed, guaranteed repairable”) in the Quote (hereinafter “Non-conforming Parts”) by notice in writing given to SELLER within thirty (30) days after Delivery. If the respective notices are not timely given, then it will be conclusively deemed for all purposes that the Parts were delivered and conform in all respe ctsrespects. PURCHASER will promptly return to SELLER (after obtaining an RMA# by calling +0 (000) 000-0000 or contacting your Sales or Account Manager Representative) or dispose of any Non-conforming Part pursuant to SELLER's written instruction at PURCHASER's expense, in either case subject to potential credit as provided herein. SELLER reserves the right and has the sole discretion to determine whether any Parts were a Shortage or Non-conforming Part and will not issue a credit for the Shortage or Non-conforming Part or return transportation if the request from PURCHASER be determined as incorrect or invalid. SELLER will, within a reasonable period of time after notice of rejection and return of the Non-conforming Parts, ship conforming Parts to replace any Non-conforming Parts unless PURCHASER cancels its order with respect to such Non-conforming Parts. All returns, for any reason, other than SELLER approved Non-conforming Part, will be subject to a 25% restock fee.

Delivery, Acceptance, Shortages and Returns. Unless otherwise agreed, delivery shall be made Ex Works (Incoterms 2010lncoterms 201O) at SELLER'S warehouse or other designated location (“"Delivery”") and risk of loss shall pass to the PURCHASER. SELLER will deliver the Parts in conformity with the description and the condition set forth in the Quote. PURCHASER will accept each Part upon Delivery, subject to inspection and (i) the right to claim shortages of any Parts (“"Shortage”") by notice in writing given to SELLER within five (5) days after receipt of the shipment of Parts and (ii) the right to claim rejection of any Parts not conforming to the description and the condition (including words to the effect “"as removed, guaranteed repairable”") in the Quote (hereinafter “"Non-conforming Parts”") by notice in writing given to SELLER within thirty (30) days after Delivery. If the respective notices are not timely given, then it will be conclusively deemed for all purposes that the Parts were delivered and conform in all respe ctsrespects. PURCHASER will promptly return to SELLER (after obtaining an RMA# by calling +0 (000) 000-0000 or contacting your Sales or Account Manager Representative) or dispose of any Non-conforming Part pursuant to SELLER's written instruction at PURCHASER's expense, in either case subject to potential credit as provided herein. SELLER reserves the right and has the sole discretion to determine whether any Parts were a Shortage or Non-conforming Part and will not issue a credit for the Shortage or Non-conforming Part or return transportation if the request from PURCHASER be determined as incorrect or invalid. SELLER will, within a reasonable period of time after notice of rejection and return of the Non-conforming Parts, ship conforming Parts to replace any Non-conforming Parts unless PURCHASER cancels its order with respect to such Non-conforming Parts. All returns, for any reason, other than SELLER approved Non-conforming Part, will be subject to a 25% restock fee.