Delivery; Returns Sample Clauses

Delivery; Returns. Xxxxx shall examine material upon receipt and prior to installation. All claims for shortages or improper delivery must be made in writing within five (5) days of delivery. Claims not received in writing within the time specified are waived by Xxxxx. Delivery to the job site constitutes delivery to Buyer, regardless of whether Buyer or his agent is at the site at time of delivery or signs a delivery receipt. Delivery dates given by Seller are estimates. Seller shall not be responsible for failure or delay in delivery. Buyer waives any claims for damages arising from delays in delivery, regardless of the cause. Seller will accept the return for credit of regularly stocked items of the current model in clean, unused and undamaged condition with original packaging with all original parts (“Returns”). Returns are subject to a 25% restocking fee, unless specified otherwise. No other material may be returned for credit including special order items like millwork, unless specifically agreed to by Seller.
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Delivery; Returns. 5.1. Delivery of the Hardware shall take places as stated in the Order Form. Delivery is based on CIP Incoterms 2010 (Carriage and Insurance Paid), unless agreed otherwise. 5.2. Unless stated otherwise in the Contract the Client is responsible for all shipping and handling charges as well as for any taxes. 5.3. FleetGO will attempt to deliver the Hardware timely and shall not be held responsible for any delay caused by postal services or other third parties. 5.4. If the Client refuses to take possession or neglects the reception of the Products it ordered, it nevertheless remains obliged to fulfil its payment obligations and all other obligations stated in the Contract. In this particular case, the Products will be stored at the risk and expense of the Client. 5.5. In the particular case that the Client leases the Hardware, the Client is obliged to return the Hardware within 45 days upon termination of the Contract. If the Hardware is not returned within these 45 days or, upon receipt FleetGO judges that the Hardware is not in good condition, with the exception of ordinary wear and tear, the Client shall be obliged to cover the initial price of the Hardware by paying the amount to FleetGO. 5.6. The Client is responsible for any loss or damage caused during the return shipment.
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Delivery; Returns. The Bell Modem Kit will be delivered to you within the time period identified to your by Your Service Provider prior to you placing the order for the Service and the Bell Modem Kit. Any Bell Modem Kit that is not opened or used and is in working condition may be returned to Your Service Provider, subject to Your Service Provider’s consent, within fourteen (14) days from your purchase of the Bell Modem Kit provided that you have a copy of the original receipt. Please call 310-SURF (000-0000) if you are located in Ontario or Quebec or 0-000-000-0000 if you are located outside of Ontario or Quebec for further information.
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Delivery; Returns. The Equipment will be delivered to you within the time period identified to your by Xxxx prior to your purchase. Any Equipment that is not opened or used and is in working condition may be returned to Xxxx, subject to Xxxx'x consent, within thirty (30) days from your purchase of the Equipment provided that you have a copy of the original receipt. Please call 310-XXXX (Ontario), 310- 7070 (Quebec), or 000-000-0000 for more information.
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Delivery; Returns. All products delivered in poor condition, or not ordered may, at the discretion of the Authorized Purchaser, be returned to the Contractor at the Contractor’s expense within 30 days. Credit for returned goods must be made immediately.
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Delivery; Returns. (a) Once the Products are delivered to Purchasers by Seller (F.O.B. Buyer’s designated location as specified in each PO) (a “Delivery”), all Products taken into such Purchaser’s inventory shall be deemed accepted by the respective Purchasers and Buyer unless rejection is made in writing within seven (7) days of Delivery, with such rejection of the defective, damaged or non-conforming Products (a “Rejected Product”), and with Buyer specifying in writing to Seller (i) the reason for the rejection of the Rejected Product, (ii) a full description of the Rejected Product; (iii) the serial number of the Rejected Product; (iv) the Seller’s part number for the Rejected Product; (v) the original, copy or photograph of the roll label of the Rejected Product; (vi) a full and complete description of the manner in which the Rejected Product is in breach of the warranties in Section 8 hereof and any and all alleged defects in the Rejected Product; and (vii) a request for a return material authorization number (“RMA Number”). The appropriate Purchasers will segregate and store in a safe place any Rejected Product awaiting dispute by Seller or shipping instructions from Seller. Purchasers and Buyer agree to obtain an RMA Number before returning any Rejected Products. Seller reserves the right to not issue an RMA Number until it has (i) inspected the Rejected Product as provided for below and (ii) determined if the Rejected Product is in violation of any of the warranties in Section 8. Payment of an invoice shall constitute acceptance of the Products covered thereby. The specifications and performance requirements for the Products shall be agreed upon by the Buyer and Seller within forty-five (45) days of the date hereof and shall be set forth on Exhibit B attached hereto (the “Specifications”). Thereafter, the Specifications may be changed by Buyer upon ninety (90) days prior written notice to Seller. (b) Upon receipt of the RMA Number, the Buyer shall, within thirty (30) days of such receipt, return the Rejected Product to the Seller at the address specified by the Seller at the Seller’s risk, cost, and expense for that purpose in strict compliance with the following: i. the Rejected Product must he packed in the original packaging and containers in which the Rejected Product was delivered to the Buyer or failing which, the Rejected Product must be packed in packaging and containers which provide the Rejected Product with the same or greater level of protection against d...
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Delivery; Returns. 6.1. Delivery (“Delivery”) of the Materials is understood to have taken place when: (a) The Materials are picked-up at the Contractor’s address by the Client or the Client’s representative; or (b) The Contractor’s Delivery truck driver obtains a signed receipt of Delivery of the Materials by the Client or the Client’s representative at the Client’s Worksite address provided; or (c) The Contractor’s Delivery truck driver (after discussions with the Client) leaves the Materials as near to the Worksite address as is deemed safe (i.e kerbside) as in the driver’s opinion it is believed the access is unsuitable and unsafe to take the weight of the load, if the Client rejects this option, additional costs for re-Delivery will apply. 6.2. Any Delivery costs associated with the supply of Materials or Works (if applicable) shall be covered as such in the quotation and will be stated on the invoice issued to the Client by the Contractor. Additional travel charges will apply where the Works are to be provided outside of a 25km radius of the Contractor’s base. 6.3. Delivery dates for the supply of the Materials and/or Works will only always be an estimate, as delays may occur beyond the Contractor’s control i.e., Third Party Contractors, Force Majeure, etc (including Government imposed lockdowns effecting the Contractor’s suppliers and employees, if a worksite is closed and all tradespeople are required to, self-isolate). Where circumstances are beyond the Contractor’s control, the Contractor does not accept any liability should any loss or damage be incurred by the Client because of a late Delivery, however, the Contractor will at every opportunity liaise with the Client to ensure Delivery does take place, as soon as reasonably possible. 6.4. Notwithstanding clauses 6.2 and 6.3, the Contractor reserves the right to pass on a fair and reasonable charge to the Client, if the Materials need to be stored or delivered again at a later stage, if the Client is unable to take Delivery of the Materials as arranged. 6.5. Conditions apply to all Materials for return (if any), such as: (a) The Client carried out the Contractor’s requests detailed in clauses 9.1 and 9.2; (b) The Contractor has confirmed in writing, that the returned Materials are accepted; and (c) The cost of returned Materials shall be borne by the Client and within 5 Business Days of the Delivery date as stated in clause 9.1, or any other date as agreed with the Contractor; and (d) Returned Materials are still i...
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Delivery; Returns. The Equipment will be delivered to you within the time period identified to your by Your Service Provider prior to your purchase. Any Equipment that is not opened or used and is in working condition may be returned to Your Service Provider, subject to Your Service Provider’s consent, within thirty (30) fourteen (14) days from your purchase of the Equipment provided that you have a copy of the original receipt. Please call 310-BELL (Ontario), 310-7070 (Quebec), or 000-000-0000 for more information.
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Delivery; Returns 
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Related to Delivery; Returns

  • Separate Returns In the case of any Tax Contest with respect to any Separate Return, the Party having the liability for the Tax pursuant to Article II hereof shall have the sole responsibility and right to control the prosecution of such Tax Contest, including the exclusive right to communicate with agents of the applicable Taxing Authority and to control, resolve, settle, or agree to any deficiency, claim, or adjustment proposed, asserted, or assessed in connection with or as a result of such Tax Contest.

  • Income Tax Returns Borrower has no knowledge of any pending assessments or adjustments of its income tax payable with respect to any year.

  • Tax Information Returns and Reports The Service Provider shall prepare and file, and require to be prepared and filed by any brokers or banks as to their Customers, with the appropriate governmental agencies, such information, returns and reports as are required to be so filed for reporting: (i) dividends and other distributions made; (ii) amounts withheld on dividends and other distributions and payments under applicable federal and state laws, rules and regulations; and (iii) gross proceeds of sales transactions as required.

  • Information Returns At the Closing or as soon thereafter as is practicable, Seller shall provide Purchaser with a list of all Deposits on which Seller is back-up withholding as of the Closing Date.

  • Inventory; Returns Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000).

  • Year-End Statements As soon as available and in any event within 5 days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 120 days after the end of each fiscal year of the Parent), the audited consolidated balance sheet of the Parent and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of income, shareholders’ equity and cash flows of the Parent and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall be (a) certified by the chief financial officer or chief accounting officer of the Parent, in his or her opinion, to present fairly, in accordance with GAAP and in all material respects, the consolidated financial position of the Parent, the Borrower and its other Subsidiaries as at the date thereof and the results of operations for such period and (b) accompanied by the report thereon of an Approved Accounting Firm, whose certificate shall be unqualified and in scope and substance reasonably satisfactory to the Administrative Agent and who shall have authorized the Borrower to deliver such financial statements and certification thereof to the Administrative Agent and the Lenders pursuant to this Agreement; provided, however, the Parent shall not be required to deliver an item required under this Section if such item is contained in a Form 10-K filed by the Parent with the Securities and Exchange Commission (or any Governmental Authority substituted therefore) and is publicly available to the Administrative Agent and the Lenders.

  • Returns Provided no Event of Default has occurred and is continuing, if any Account Debtor returns any Inventory to Borrower, Borrower shall promptly (i) determine the reason for such return, (ii) issue a credit memorandum to the Account Debtor in the appropriate amount, and (iii) provide a copy of such credit memorandum to Bank, upon request from Bank. In the event any attempted return occurs after the occurrence and during the continuance of any Event of Default, Borrower shall hold the returned Inventory in trust for Bank, and immediately notify Bank of the return of the Inventory.

  • Tax Matters Partner; Tax Elections; Special Basis Adjustments (a) The General Partner shall be the Tax Matters Partner of the Partnership within the meaning of Section 6231(a)(7) of the Code. As Tax Matters Partner, the General Partner shall have the right and obligation to take all actions authorized and required, respectively, by the Code for the Tax Matters Partner. The General Partner shall have the right to retain professional assistance in respect of any audit of the Partnership by the Service and all out-of-pocket expenses and fees incurred by the General Partner on behalf of the Partnership as Tax Matters Partner shall constitute Partnership expenses. In the event the General Partner receives notice of a final Partnership adjustment under Section 6223(a)(2) of the Code, the General Partner shall either (i) file a court petition for judicial review of such final adjustment within the period provided under Section 6226(a) of the Code, a copy of which petition shall be mailed to all Limited Partners on the date such petition is filed, or (ii) mail a written notice to all Limited Partners, within such period, that describes the General Partner’s reasons for determining not to file such a petition. (b) All elections required or permitted to be made by the Partnership under the Code or any applicable state or local tax law shall be made by the General Partner in its sole and absolute discretion. (c) In the event of a transfer of all or any part of the Partnership Interest of any Partner, the Partnership, at the option of the General Partner, may elect pursuant to Section 754 of the Code to adjust the basis of the Partnership’s assets. Notwithstanding anything contained in Article 5 of this Agreement, any adjustments made pursuant to Section 754 of the Code shall affect only the successor in interest to the transferring Partner and in no event shall be taken into account in establishing, maintaining or computing Capital Accounts for the other Partners for any purpose under this Agreement. Each Partner will furnish the Partnership with all information necessary to give effect to such election.

  • Other Accounting Reports Promptly upon receipt thereof, a copy of each other report or letter submitted to the Borrower or any of its Subsidiaries by independent accountants in connection with any annual, interim or special audit made by them of the books of the Borrower or any such Subsidiary, and a copy of any response by the Borrower or any such Subsidiary, or the Board of Directors of the Borrower or any such Subsidiary, to such letter or report.

  • Tax and Accounting Treatment Each party to this Agreement acknowledges that it is its intent for purposes of U.S. federal, state and local income and franchise taxes, and for accounting purposes, to treat each Transaction as indebtedness of Seller that is secured by the Purchased Mortgage Loans and that the Purchased Mortgage Loans are owned by Seller in the absence of a Default by Seller. All parties to this Agreement agree to such treatment and agree to take no action inconsistent with this treatment, unless required by applicable Requirements of Law or GAAP.

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