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.
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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 your purchase. 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. XXXX WEBSITE HOSTING
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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. 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.
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Delivery; Returns 
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Related to Delivery; Returns

  • Final Returns When no amounts are or thereafter may become payable by the Pledgor with respect to any Obligations (except for any potential liability under Section 2(d) of this Agreement), the Secured Party will Transfer to the Pledgor all Posted Credit Support and the Interest Amount, if any.

  • Joint Returns In the case of any Tax Contest with respect to any Joint Return, Parent 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.

  • 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.

  • Preparation of Returns The Managing Member shall cause to be prepared all federal, state and local tax returns of the Company for each year for which such returns are required to be filed and shall cause such returns to be timely filed. The Managing Member shall determine the appropriate treatment of each item of income, gain, loss, deduction and credit of the Company and the accounting methods and conventions under the tax laws of the United States of America, the several states and other relevant jurisdictions as to the treatment of any such item or any other method or procedure related to the preparation of such tax returns. Except as specifically provided otherwise in this Agreement, the Managing Member may cause the Company to make or refrain from making any and all elections permitted by such tax laws. As promptly as practicable after the end of each Fiscal Year, the Managing Member shall cause the Company to provide to each Member a Schedule K-1 for such Fiscal Year. Additionally, the Managing Member shall cause the Company to provide to each Member, to the extent commercially reasonable and available to the Company without undue cost, any information reasonably required by the Member to prepare, or in connection with an audit of, such Member’s income tax returns.

  • 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.

  • Tax Return Preparation (i) To the extent not filed prior to the Closing Date, the Seller shall prepare (or cause to be prepared) all Tax Returns that are required to be filed by each of the Companies and their Subsidiaries for all Pre-Closing Tax Periods (each, a “Pre-Closing Period Tax Return”). All such Pre-Closing Period Tax Returns shall be prepared in a manner that is consistent with the prior practice of the Companies and their Subsidiaries, except as reasonably approved by Buyer. Buyer shall allow Seller access to any and all data and information necessary for the preparation of such Pre-Closing Period Tax Returns and shall cooperate fully with the Seller in the preparation of such Pre-Closing Period Tax Returns; provided, that no employee of Buyer, any Company or any Company Subsidiary shall be required to sign any such Tax Return without, at the request of such employee, being fully indemnified by Seller for any liability incurred as a consequence of signing such Tax Return. With respect to each Pre-Closing Period Tax Return filed after the Closing Date, no later than thirty days prior to the due date (taking into account any valid extensions thereof) (“Due Date”) for the filing of such Pre-Closing Period Tax Return, the Seller shall submit, or cause to be submitted, to the Buyer for its review drafts of such Pre-Closing Period Tax Return (together with all related work papers). Within ten days following Buyer’s receipt of such Pre-Closing Period Tax Return, Buyer shall have the right to object to such Pre-Closing Period Tax Return (by written notice to the Seller). If Buyer does not object by written notice to the Seller within such time period, such Pre-Closing Period Tax Return shall be deemed to have been accepted and agreed upon, and final and conclusive, for purposes of this Section 4.15(a)(i). If Buyer objects to such Pre-Closing Period Tax Return, it shall notify the Seller of such disputed item (or items) (in such written notice) and the basis for its objection and the Buyer and Seller shall act in good faith to resolve any such dispute as promptly as practicable. If the Buyer and Seller have not reached agreement regarding such dispute, the dispute shall be presented to the Independent Accounting Firm, whose determination shall be binding upon both Buyer and Seller, provided, however, that (i) such determination shall be limited to whether the disputed item is consistent with past practices, if applicable, and (ii) the Buyer and Seller shall require the Independent Accounting Firm to make a determination within ten (10) days but in no event later than five (5) days prior to the Due Date of such Pre-Closing Period Tax Return. With respect to each such Pre-Closing Period Tax Return, no later than two (2) days prior to the Due Date of such Pre-Closing Period Tax Return, (x) the Seller shall submit to the Buyer final drafts of such Pre-Closing Period Tax Return and (y) the Seller shall pay to the Buyer an amount equal to the liability for Taxes that are shown to be due and payable on the face of such Pre-Closing Period Tax Return. The Buyer shall cause the applicable Company or Subsidiary (as the case may be) to file each Pre-Closing Period Tax Return and pay to the applicable Tax authority all amounts shown to be due and payable on the face of such Pre-Closing Period Tax Return.

  • 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.

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