Common use of Duty to Examine Clause in Contracts

Duty to Examine. Upon receipt of the Products at their destination, Buyer shall examine the Products for impurities, damage, spoilage and any and all other defects to such Products. Promptly upon discovery thereof by Buyer, but in any event not later than thirty (30) days after receipt, Buyer shall notify Seller of any Products which are damaged, defective, opened or improperly packaged. If Buyer has previously paid for defective Products, Buyer shall be entitled to a refund of the portion of the Price attributable to such defective Products within ten (10) days after the notice of the defect, unless the same is disputed by Seller in good faith, except that if the amount to be refunded does not exceed $1,000, such amount shall be a credit against the next invoice. Seller shall pay Buyer interest on all overdue accounts calculated at the Penalty Rate. If requested by Seller, Buyer shall promptly return defective Products to Seller at Seller's expense. Buyer further agrees to take reasonable steps at Seller's expense, for a period not to exceed ten (10) days after notice to Seller of the defect, to preserve the rejected Products pending Seller's instructions.

Appears in 3 contracts

Samples: Supply Agreement (MRS Fields Brand Inc), Supply Agreement (MRS Fields Original Cookies Inc), Supply Agreement (MRS Fields Brand Inc)

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Duty to Examine. Upon receipt of the Products at their destination, Buyer shall examine the Products for impurities, damage, spoilage spoilage, and any and all other defects to such Products. Promptly upon discovery thereof by Buyer, but in any event not later than thirty (30) days after receipt, Buyer shall notify Seller of any Products products which are damaged, defective, opened or improperly packaged. If Buyer has previously paid for defective Products, Buyer shall be entitled to a refund of the portion of the Price attributable to such defective Products within ten (10) days after the notice of the defect, unless the same is disputed by Seller in good faith, except that if the amount to be refunded does not exceed $1,000, such amount shall be a credit against the next invoice. Seller shall pay Buyer interest on all overdue accounts calculated at the Penalty Rate. If requested by Seller, Buyer shall promptly return defective Products to Seller at Seller's expense. Buyer further agrees to take reasonable steps at Seller's expense, for a period not to exceed ten (10) days after notice to Seller of the defect, to preserve the rejected Products pending Seller's instructions.

Appears in 1 contract

Samples: MRS Fields Holding Co Inc

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Duty to Examine. Upon receipt of the Products at their destination, Buyer shall examine the Products for impurities, damage, spoilage spoilage, and any and all other defects to such Products. Promptly upon discovery thereof by Buyer, but in any event not no later than thirty (30) days after receipt, Buyer shall notify Seller of any Products products which are damaged, defective, opened or improperly packaged. If Buyer has previously paid for defective Products, Buyer shall be entitled to a refund of the portion of the Price attributable to such defective Products within ten (10) days after the notice of the defect, unless the same is disputed by Seller in good faith, except that if the amount to be refunded does not exceed $$ 1,000, such amount shall be a credit against the next invoice. Seller shall pay Buyer interest on all overdue accounts calculated at the Penalty Rate. If requested by Seller, Buyer shall promptly return defective Products to Seller at Seller's expense. Buyer further agrees to take reasonable steps at Seller's expense, for a period not to exceed ten (10) days after notice to Seller of the defect, to preserve the rejected Products pending Seller's instructions.

Appears in 1 contract

Samples: Supply Agreement (Fields MRS Original Cookies Inc)

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