Common use of Inspection and Acceptance of Goods Clause in Contracts

Inspection and Acceptance of Goods. Distributor shall inspect Goods received under this Agreement. On the 5th day after delivery of the actual Goods delivered in each separate delivery, Distributor shall be deemed to have accepted the Goods unless it earlier notifies Seller in writing and furnishes written evidence or other documentation that the Goods: (a) are damaged, defective, or otherwise do not conform to the Goods listed in the applicable purchase order; or (b) were delivered to Distributor as a result of Seller’s error. If Distributor notifies Seller pursuant to this Section 6.3, then Seller shall determine, in its sole discretion, whether to repair or replace the Goods or refund the price for the Goods. Distributor shall ship at Seller’s expense, all goods to be returned, repaired, or replaced under this Section 6.3 to Seller’s facility located in Poway, California. If Seller exercises its option to replace the Goods, Seller shall, after receiving Distributor’s shipment of the Goods under this provision, ship to Distributor, at Seller’ s expense and at Distributor ‘ s risk of loss, the replacement Goods to shipping address on the Order. Distributor acknowledges and agrees that the remedies set out in this Section 6.3 are exclusive of all other remedies, subject to Distributor’s rights under Section 12 regarding any Goods for which Distributor has accepted delivery under this Section 6.3. Except as provided under this Agreement, all sales of Goods to Distributor under this Agreement are made on a one-way basis and Distributor has no other right to return Goods purchased under this Agreement.

Inspection and Acceptance of Goods. Distributor shall inspect Goods received under this Agreement. On the 5th tenth (10th) day after delivery of the actual Goods delivered in each separate deliveryGoods, Distributor shall be deemed to have accepted the Goods unless it earlier notifies Seller in writing and furnishes written evidence or other documentation as reasonably required by Seller that the Goods: (a) are damaged, defective, or otherwise do not conform to the Goods make/model number/SKU or other detailed identifier listed in the applicable purchase order; or (b) were delivered to Distributor as a result of Seller’s error. If Distributor notifies Seller pursuant to this Section 6.3, then Seller shall determine, in its sole discretion, whether to repair or replace the Goods or refund the price for the Goods, together with all shipping expenses incurred by Distributor in connection therewith. Distributor shall ship at Seller’s expense[Seller’s/its] expense and risk of loss, all goods to be returned, repaired, or replaced under this this Section 6.3 to Seller’s facility located in Powayat Rome, CaliforniaGeorgia. If Seller exercises its option to replace the Goods, Seller shall, after receiving Distributor’s shipment of the Goods under this provision, ship to Distributor, at [Distributor’s/Seller’ s ’s] expense and at Distributor ‘ s risk of loss, the replacement Goods to shipping address on the Order[Distributor’s/Seller’s] dock. Distributor acknowledges and agrees that the remedies set out in this Section 6.3 are exclusive of all other remedies, subject to Distributor’s rights under Section 12 Error! Reference source not found. regarding any Goods for which Distributor has accepted delivery under this Section 6.3. Except as provided under this Agreement, all sales of Goods to Distributor under this Agreement are made on a one-way basis and Distributor has no other right to return Goods purchased under this Agreement.

Inspection and Acceptance of Goods. Distributor shall inspect Goods received under this Agreement. On the 5th day 3rd after delivery of the actual Goods delivered in each separate deliveryGoods, Distributor shall be deemed to have accepted the Goods unless it earlier notifies Seller in writing and furnishes written evidence or other documentation as reasonably required by Seller that the Goods: (a) are damaged, defective, or otherwise do not conform to the Goods listed in the Distributor’s applicable purchase order; or (b) were delivered to Distributor as a result of Seller’s error. If Distributor notifies Seller pursuant to this Section 6.3, then Seller shall determine, in its sole discretion, whether to repair or replace the Goods or refund the wholesale price (set forth in Schedule 1) for the Goods. Distributor shall ship at Seller’s expense, all goods to be returned, repaired, returned or replaced under this Section 6.3 to Seller’s such facility located in Poway, Californiaas Seller shall provide. If Seller exercises its option to replace the Goods, Seller shall, after receiving Distributor’s shipment of the Goods under this provision, ship to Distributor, at Seller’ s expense and at Distributor ‘ s risk of loss’s expense, the replacement Goods to shipping address on the Orderlocation requested by Distributor . Distributor acknowledges and agrees that the remedies set out in this Section 6.3 are exclusive of all other remedies, subject to Distributor’s rights under Section 12 regarding any Goods for which Distributor has accepted delivery under this Section 6.3. Except as provided under this Agreement, all sales of Goods to Distributor under this Agreement are made on a one-way basis and Distributor has no other right to return Goods purchased under this Agreement.