Common use of Failed Deliveries & Returns Clause in Contracts

Failed Deliveries & Returns. A. Seller shall accept and process refunds and adjustments in respect of FBL Products in accordance with the applicable returns and failed delivery policies published by Xxxxxx from time to time. B. Returns and failed deliveries of any FBL Products will be received and processed by Xxxxxx at its appointed fulfilment centres. Any sellable returns and failed deliveries of any FBL Products will be placed back into the inventory of the FBL Products of Seller. For the avoidance of doubt, all returns and failed deliveries of any FBL Products which are placed back into the Seller’s inventory are the property of the Seller. Lazada may examine and determine at its sole discretion, acting reasonably, if returns and failed deliveries of any FBL Products are suitable for selling. C. If Lazada provides replacement FBL Products or a refund to a Buyer and that Xxxxx returns the original FBL Products to Xxxxxx’s appointed fulfilment centre, Lazada will be entitled to dispose of the returned original FBL Products, or, if they are saleable, Lazada may, at its option place such returned original FBL Products back in the inventory of Seller. If the returned original FBL Products will be put in the inventory, Seller will reimburse Lazada for the Replacement Value of the returned original FBL Products. X. Xx Xxxxxx reasonably determines that any returns and failed deliveries of any FBL Products is not in sellable condition, Xxxxxx shall either return such returns and failed deliveries of FBL Products to the Seller or dispose of such returns and failed deliveries of FBL Products without any compensation to Seller, and Xxxxxx may recover any incurred expenses from the Seller. Title to the abovementioned FBL Products will transfer to Lazada at no cost to Lazada for the purpose of such disposal, and Xxxxxx will retain all proceeds, if any, received from the disposal of such FBL Products. If the proceeds of the disposal are insufficient to cover the costs of such disposal, Lazada shall be entitled to recover such uncovered costs from the Seller.

Appears in 2 contracts

Samples: Terms of Service, Terms of Service (Seller)

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Failed Deliveries & Returns. A. Seller shall accept and process refunds and adjustments in respect of FBL Products in accordance with the applicable returns and failed delivery policies published by Xxxxxx LEI from time to time. B. Returns and failed deliveries of any FBL Products will be received and processed by Xxxxxx LEI at its appointed fulfilment centrescentre. Any sellable returns and failed deliveries of any FBL Products will be placed back into the inventory of the FBL Products of Seller. For the avoidance of doubt, all returns and failed deliveries of any FBL Products which are placed back into the Seller’s inventory are the property of the Seller. Lazada LEI may examine and determine at its sole discretion, acting reasonably, if returns and failed deliveries of any FBL Products are suitable for selling. C. If Lazada LEI provides replacement FBL Products or a refund to a Buyer and that Xxxxx returns the original FBL Products to XxxxxxLEI’s appointed fulfilment centre, Lazada LEI will be entitled to dispose of the returned original FBL Products, or, if they are saleable, Lazada LEI may, at its option place such returned original FBL Products back in the inventory of Seller. If the returned original FBL Products will be put in the inventory, Seller will reimburse Lazada LEI for the Replacement Value of the returned original FBL Products. X. Xx Xxxxxx D. If LEI reasonably determines that any returns and failed deliveries of any FBL Products is not in sellable condition, Xxxxxx LEI shall either return such returns and failed deliveries of FBL Products to the Seller or dispose of such returns and failed deliveries of FBL Products without any compensation to Seller, and Xxxxxx LEI may recover any incurred expenses from the Seller. Title to the abovementioned FBL Products will transfer to Lazada LEI at no cost to Lazada LEI for the purpose of such disposal, and Xxxxxx LEI will retain all proceeds, if any, received from the disposal of such FBL Products. If the proceeds of the disposal are insufficient to cover the costs of such disposal, Lazada LEI shall be entitled to recover such uncovered costs from the Seller.

Appears in 2 contracts

Samples: Logistics Services Agreement, Logistics Services Agreement

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Failed Deliveries & Returns. A. Seller shall accept and process refunds and adjustments in respect of FBL Products in accordance with the applicable returns and failed delivery policies published by Xxxxxx from time to time. B. Returns and failed deliveries of any FBL Products will be received and processed by Xxxxxx at its appointed fulfilment centres. Any sellable returns and failed deliveries of any FBL Products will be placed back into the inventory of the FBL Products of Seller. For the avoidance of doubt, all returns and failed deliveries of any FBL Products which are placed back into the Seller’s inventory are the property of the Seller. Lazada may examine and determine at its sole discretion, acting reasonably, if returns and failed deliveries of any FBL Products are suitable for selling. C. If Lazada provides replacement FBL Products or a refund to a Buyer and that Xxxxx returns the original FBL Products to Xxxxxx’s appointed fulfilment centre, Lazada will be entitled to dispose of the returned original FBL Products, or, if they are saleable, Lazada may, at its option place such returned original FBL Products back in the inventory of Seller. If the returned original FBL Products will be put in the inventory, Seller will reimburse Lazada for the Replacement Value of the returned original FBL Products. X. Xx Xxxxxx D. If Lazada reasonably determines that any returns and failed deliveries of any FBL Products is not in sellable condition, Xxxxxx shall either return such returns and failed deliveries of FBL Products to the Seller or dispose of such returns and failed deliveries of FBL Products without any compensation to Seller, and Xxxxxx may recover any incurred expenses from the Seller. Title to the abovementioned FBL Products will transfer to Lazada at no cost to Lazada for the purpose of such disposal, and Xxxxxx will retain all proceeds, if any, received from the disposal of such FBL Products. If the proceeds of the disposal are insufficient to cover the costs of such disposal, Lazada shall be entitled to recover such uncovered costs from the Seller.

Appears in 1 contract

Samples: Terms of Service (Seller)

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