Common use of Inspection and Rejection of Nonconforming Goods Clause in Contracts

Inspection and Rejection of Nonconforming Goods. 6.1 Buyer shall inspect the Goods within ten (10) days of receipt (the "Inspection Period"). Xxxxx will be deemed to have accepted the Goods unless it notifies Seller in writing of any nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as required by Seller. Such notification shall identify each and every alleged nonconformity of the Goods and describe that portion of the shipment being rejected. Seller shall then respond with instructions as to the disposition of the Goods. 6.2 If Buyer timely notifies Seller of any nonconforming Goods, Seller shall, in its sole discretion: (a) replace such nonconforming Goods with conforming Goods, or (b) credit or refund the Price for such nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the nonconforming Goods to Seller's Shipment Point. If Seller exercises its option to replace nonconforming Goods, Seller shall, after receiving Buyer's shipment of nonconforming Goods, ship to Buyer, at Buyer's expense and risk of loss, the replaced Goods to the Delivery Point. 6.3 Xxxxx acknowledges and agrees that the remedies set forth in clause 6.2 are Xxxxx's exclusive remedies for the delivery of nonconforming Goods. Except as provided under clause 6.2, all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.

Inspection and Rejection of Nonconforming Goods. 6.1 Buyer shall inspect the Goods within ten seven (107) days of receipt (the "“Inspection Period"”). Xxxxx will be deemed to have accepted the Goods unless it notifies Seller in writing of any nonconforming Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as reasonably required by Seller. Such notification shall identify each and every alleged nonconformity “Nonconforming Goods” means only the following: (i) Goods shipped are different than identified in this Agreement; (ii) Goods’ label or packaging incorrectly identifies its contents; or (iii) Goods not in accordance with Section 9 of the Goods and describe that portion of the shipment being rejectedthese Terms. Seller shall then respond with instructions as to the disposition of the Goods. 6.2 If Buyer timely notifies Seller of any nonconforming Nonconforming Goods, Seller shall, in at its sole discretion: election, (ai) replace such nonconforming Nonconforming Goods with conforming Goods, or (bii) credit or refund the Price for such nonconforming Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the nonconforming Nonconforming Goods to Seller's Shipment Point’s Facility identified by Seller. If Seller exercises its option to replace nonconforming Nonconforming Goods, Seller shall, after receiving Buyer's ’s shipment of nonconforming Nonconforming Goods, ship to Buyer, at Buyer's ’s expense and risk of loss, the replaced Goods to the Delivery Point. 6.3 . Xxxxx acknowledges and agrees that the remedies set forth in clause 6.2 this Section 4 are Xxxxx's ’s exclusive remedies for the delivery of nonconforming Nonconforming Goods. Except as provided under clause 6.2Section 5, all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.

Inspection and Rejection of Nonconforming Goods. 6.1 Buyer shall inspect the Goods within ten (10) 10 days of receipt (the "Inspection Period"). Xxxxx will be deemed to have accepted the Goods unless it notifies Seller in writing of any nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as required by Seller. Such notification shall identify each and every alleged nonconformity of the Goods and describe that portion of the shipment being rejected. Seller shall then respond with instructions as to the disposition of the Goods. 6.2 If Buyer timely notifies Seller of any nonconforming Goods, Seller shall, in its sole discretion: , (ai) replace such nonconforming Goods with conforming Goods, or (bii) credit or refund the Price for such nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the nonconforming Goods to Seller's Shipment Point. If Seller exercises its option to replace nonconforming Goods, Seller shall, after receiving Buyer's shipment of nonconforming Goods, ship to Buyer, at Buyer's expense and risk of loss, the replaced Goods to the Delivery Seller’s Shipment Point. 6.3 Xxxxx Buyer acknowledges and agrees that the remedies set forth in clause Section 6.2 are Xxxxx's exclusive remedies for the delivery of nonconforming Nonconforming Goods. Except as provided under clause Section 6.2, all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.

Inspection and Rejection of Nonconforming Goods. 6.1 Buyer shall inspect the Goods within ten (10) 10 days of receipt (the "Inspection Period"). Xxxxx will be deemed to have accepted the Goods unless it notifies Seller in writing of any nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as required by Seller. Such notification shall identify each and every alleged nonconformity of the Goods and describe that portion of the shipment being rejected. Seller shall then respond with instructions as to the disposition of the Goods. 6.2 If Buyer timely notifies Seller of any nonconforming GoodsGoods within the Inspection Period, Seller shall, in its sole discretion: , (ai) replace such nonconforming Goods with conforming Goods, or (bii) credit or refund the Purchase Price for such nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the nonconforming Goods to Seller's Shipment Point. If Seller exercises its option to replace nonconforming Goods, Seller shall, after receiving Buyer's shipment of nonconforming Goods, ship to Buyer, at Buyer's expense and risk of loss, the replaced Goods to the Delivery Seller’s Shipment Point. 6.3 Xxxxx acknowledges and agrees that the remedies set forth in clause section 6.2 are Xxxxx's exclusive remedies for the delivery of nonconforming Goods. Except as provided under clause section 6.2, all sales of Goods to Buyer are made on a one-one- way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.

Inspection and Rejection of Nonconforming Goods. 6.1 Buyer shall inspect the Goods within ten (10) days of receipt (the "Inspection Period"). Xxxxx will be deemed to have accepted the Goods unless it notifies Seller in writing of any nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as required by Seller. Such notification shall identify shallidentify each and every alleged nonconformity of the Goods and describe that portion of the shipment being rejected. Seller shall then respond with instructions withinstructions as to the disposition of dispositionof the Goods. 6.2 If Buyer timely notifies Seller of any nonconforming Goods, Seller shall, in its sole discretion: (a) replace such nonconforming Goods with conforming Goods, or (b) credit or refund the Price for such nonconforming suchnonconforming Goods, together with any reasonable anyreasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of andriskof loss, the nonconforming Goods to Seller's Shipment Point. If Seller exercises its option to replace nonconforming Goods, Seller shall, after receiving Buyer's shipment of nonconforming Goods, ship to shipto Buyer, at Buyer's expense and risk andrisk of loss, the replaced Goods to the Delivery Point. 6.3 Xxxxx Buyer acknowledges and agrees andagrees that the remedies set forth in clause 6.2 are Xxxxx's exclusive remedies for the delivery of nonconforming Goods. Except as provided under clause 6.2, all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.

Inspection and Rejection of Nonconforming Goods. 6.1 (a) Buyer shall inspect the Goods within ten (10) days of upon receipt (the "”Inspection Period"”). Xxxxx Buyer will be deemed to have accepted the Goods unless it notifies Seller in writing of any nonconforming Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as reasonably required by Seller. Such notification shall identify each and every alleged nonconformity of ”Nonconforming Goods” means only the Goods and describe that portion of the shipment being rejected. Seller shall then respond with instructions as to the disposition of the Goodsfollowing: (i) product shipped is different than identified in Buyer’s purchase order; or (ii) product’s label or packaging incorrectly identifies its contents. 6.2 (b) If Buyer timely notifies Seller of any nonconforming Nonconforming Goods, Seller shall, in its sole discretion: , (ai) replace such nonconforming Nonconforming Goods with conforming Goods, or (bii) credit or refund the Price for such nonconforming Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the nonconforming Nonconforming Goods to Seller's Shipment Point’s facility. If Seller exercises its option to replace nonconforming Nonconforming Goods, Seller shall, after receiving Buyer's ’s shipment of nonconforming Nonconforming Goods, ship to Buyer, at Buyer's ’s expense and risk of loss, the replaced Goods to the Delivery Point. 6.3 (c) Xxxxx acknowledges and agrees that the remedies set forth in clause 6.2 Section 8(b) are Xxxxx's ’s exclusive remedies for the delivery of nonconforming Nonconforming Goods. Except as provided under clause 6.2Section 8(b), all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.

Inspection and Rejection of Nonconforming Goods. 6.1 Buyer shall inspect the Goods within ten (10) days of receipt (the "Inspection Period"). Xxxxx will Xxxxxxxxx be deemed to have accepted the Goods unless it notifies Seller in writing of any nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as required by Seller. Such notification shall identify each and every alleged nonconformity of the Goods and describe that portion anddescribethatportion of the shipment theshipment being rejected. Seller shall then respond with instructions as to the disposition of the Goods. 6.2 If Buyer timely notifies Seller of any nonconforming Goods, Seller shall, in its sole discretion: (a) replace such nonconforming Goods with conforming Goods, or (b) credit or refund the Price for such nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the nonconforming Goods to Seller's Shipment Point. If Seller exercises its option to replace nonconforming Goods, Seller shall, after receiving Buyer's shipment of shipmentof nonconforming Goods, ship to Buyer, at Buyer's expense and risk of loss, the replaced Goods to the Delivery Point. 6.3 Xxxxx acknowledges and agrees that the remedies set forth in clause 6.2 are Xxxxx's exclusive remedies for the delivery of nonconforming Goods. Except as provided under clause 6.2, all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.

Inspection and Rejection of Nonconforming Goods. 6.1 Buyer shall inspect the Goods within ten (10) days [* * *] of receipt (the "Inspection Period"). Xxxxx Buyer will be deemed to have accepted the Goods unless it notifies Seller in writing of any nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as required by Seller. Such notification shall identify each and every alleged nonconformity of the Goods and describe that portion of the shipment being rejected. Seller shall then respond with instructions as to the disposition of the Goods. 6.2 If Buyer timely notifies Seller of any nonconforming Goods, Seller shall, in its sole discretion: , (ai) replace such nonconforming Goods with conforming Goods, or (bii) credit or refund the Price for such nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the nonconforming Goods to Seller's Shipment Point. If Seller exercises its option to replace nonconforming Goods, Seller shall, after receiving Buyer's shipment of nonconforming Goods, ship to Buyer, at Buyer's expense and risk of loss, the replaced Goods to the Delivery Seller's Shipment Point. 6.3 Xxxxx Buyer acknowledges and agrees that the remedies set forth in clause Section 6.2 are XxxxxBuyer's exclusive remedies for the delivery of nonconforming Nonconforming Goods. Except as provided under clause Section 6.2, all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller. 6.4 If Seller delivers to Buyer a quantity of Goods of [* * *] than the quantity set forth in the Sales Confirmation, Buyer shall not be entitled to object to or reject the Goods or any portion of them by reason of the surplus or shortfall and shall pay for such Goods the price set forth in the Sales Confirmation adjusted pro rata.

Inspection and Rejection of Nonconforming Goods. 6.1 Buyer shall inspect the Goods within ten seven (107) days of receipt (the "“Inspection Period"”). Xxxxx Buyer will be deemed to have accepted the Goods unless it notifies Seller in writing of any nonconforming Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as reasonably required by Seller. Such notification shall identify each and every alleged nonconformity “Nonconforming Goods” means only the following: (i) Goods shipped are different than identified in this Agreement; (ii) Goods’ label or packaging incorrectly identifies its contents; or (iii) Goods not in accordance with Section 9 of the Goods and describe that portion of the shipment being rejectedthese Terms. Seller shall then respond with instructions as to the disposition of the Goods. 6.2 If Buyer timely notifies Seller of any nonconforming Nonconforming Goods, Seller shall, in its sole discretion: (a) replace shall repair such nonconforming Nonconforming Goods with conforming Goods, or (b) credit or refund the Price for such nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewiththat they do conform. Buyer shall ship, at its expense and risk of loss, the nonconforming Nonconforming Goods to Seller's Shipment Point’s Facility identified by Seller. If Seller exercises its option to replace nonconforming Goods, Seller shall, after receiving Buyer's ’s shipment of nonconforming Nonconforming Goods, ship to Buyer, at Buyer's ’s expense and risk of loss, the replaced repaired Goods to the Delivery Point. 6.3 Xxxxx . Buyer acknowledges and agrees that the remedies set forth in clause 6.2 this Section 3 are Xxxxx's Buyer’s exclusive remedies for the delivery of nonconforming Nonconforming Goods. Except as provided under clause 6.2, all All sales of Goods to Buyer are made on a one-one- way basis and Buyer has no right to return Goods purchased under this Agreement to Seller. Buyer specifically agrees that any right or remedy of rejection or revocation is hereby waived by Buyer.

Inspection and Rejection of Nonconforming Goods. 6.1 Buyer shall inspect the Goods within ten (10) days of receipt (the "Inspection Period"). Xxxxx will be deemed to have accepted the Goods unless it notifies Seller in writing of any nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as required by Seller. Such notification shall identify each and every alleged nonconformity of the Goods and describe that portion of the shipment being rejected. Seller shall then respond with instructions as to the disposition of dispositionof the Goods. 6.2 If Buyer timely notifies Seller of any nonconforming anynonconforming Goods, Seller shall, in its sole discretion: (a) replace such nonconforming suchnonconforming Goods with conforming withconforming Goods, ,or (b) credit or refund the Price for such nonconforming suchnonconforming Goods, together with any reasonable shipping and handling andhandling expenses incurred by incurredby Buyer in connection therewithconnectiontherewith. Buyer shall shipshallship, at its expense and risk of lossandriskofloss, the nonconforming Goods to Seller's Shipment Point. If Seller exercises its option to replace nonconforming Goods, Seller shall, after receiving Buyer's shipment of nonconforming Goods, ship to Buyer, at Buyer's expense and risk of loss, the replaced Goods to the Delivery Point. 6.3 Xxxxx acknowledges and agrees that the remedies set forth in clause 6.2 are Xxxxx's exclusive remedies for the delivery of nonconforming Goods. Except as provided under clause 6.2, all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under purchasedunder this Agreement to Seller.

Inspection and Rejection of Nonconforming Goods. 6.1 Buyer shall inspect the Goods within ten fifteen (1015) days of receipt (the "Inspection Period"). Xxxxx will be deemed to have accepted the Goods unless it notifies Seller in writing of any nonconforming Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as reasonably required by Seller. Such notification shall identify each and every alleged nonconformity of "Nonconforming Goods" means only the Goods and describe that portion of following: (i) product shipped is different than identified in the shipment being rejectedSales Order Acknowledgement; or (ii) product's label or packaging incorrectly identifies its contents. Seller shall then respond with instructions as to the disposition of the Goods. 6.2 If Buyer timely notifies Seller of any nonconforming Nonconforming Goods, Seller shall, in its sole discretion: , (ai) replace such nonconforming Nonconforming Goods with conforming Goods, or (bii) credit or refund the Price for such nonconforming Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the nonconforming Nonconforming Goods to Seller's Shipment Pointfacility located at Lake Mary, Florida. If Seller exercises its option to replace nonconforming Nonconforming Goods, Seller shall, after receiving Buyer's shipment of nonconforming Nonconforming Goods, ship to Buyer, at Buyer's expense and risk of loss, the replaced Goods to the Delivery Point. 6.3 . Xxxxx acknowledges and agrees that the remedies set forth in clause 6.2 this section are Xxxxx's exclusive remedies for the delivery of nonconforming Nonconforming Goods. Except as provided under clause 6.2, all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.

Inspection and Rejection of Nonconforming Goods. 6.1 Buyer shall inspect the Goods within ten (10) days of upon receipt (the "“Inspection Period"”). Xxxxx will be deemed to have accepted the Goods unless it notifies Seller in writing of any nonconforming Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as required by Seller. Such notification shall identify each and every alleged nonconformity of “Nonconforming Goods” means only the Goods and describe that portion of the shipment being rejectedfollowing: (i) product shipped is different than identified in Buyer’s purchase order; or (ii) product’s label or packaging incorrectly identifies its contents. Seller shall then respond with instructions as to the disposition of the Goods. 6.2 If Buyer timely notifies Seller of any nonconforming Nonconforming Goods, Seller shall, in its sole discretion: , (ai) replace such nonconforming Nonconforming Goods with conforming Goods, or (bii) credit or refund the Price for such nonconforming Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the nonconforming Nonconforming Goods to Seller's Shipment Point’s designated facility. If Seller exercises its option to replace nonconforming Nonconforming Goods, Seller shall, after receiving Buyer's ’s shipment of nonconforming Nonconforming Goods, ship to Buyer, at Buyer's ’s expense and risk of loss, the replaced Goods to the Delivery Point. 6.3 . Xxxxx acknowledges and agrees that the remedies set forth in clause 6.2 this Section are Xxxxx's ’s exclusive remedies for the delivery of nonconforming Nonconforming Goods. Except as provided under clause 6.2this Section, all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.

Inspection and Rejection of Nonconforming Goods. 6.1 Buyer shall inspect the Goods within ten (10) 10 days of receipt (the "" Inspection Period"). Xxxxx will be deemed to have accepted the Goods unless it notifies Seller in writing of any nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as required by Seller. Such notification shall identify each and every alleged nonconformity of the Goods and describe that portion of the shipment being rejected. Seller shall then respond with instructions as to the disposition of the Goods. 6.2 If Buyer timely notifies Seller of any nonconforming Goods, Seller shall, in its sole discretion: , (ai) replace such nonconforming Goods with conforming Goods, or (bii) credit or refund the Price for such nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the nonconforming Goods to Seller's Shipment Point. If Seller exercises its option to replace nonconforming Goods, Seller shall, after receiving Buyer's shipment of nonconforming Goods, ship to Buyer, at Buyer's expense and risk of loss, the replaced Goods to the Delivery Point.nonconforming 6.3 Xxxxx Buyer acknowledges and agrees that the remedies set forth in clause Section 6.2 are Xxxxx's exclusive remedies for the delivery of nonconforming Nonconforming Goods. Except as provided under clause Section 6.2, all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.

Inspection and Rejection of Nonconforming Goods. 6.1 Buyer shall inspect the Goods within ten three (103) days of receipt (the "“Inspection Period"”). Xxxxx will be deemed to have accepted the Goods unless it notifies Seller in writing of any nonconforming Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as required by Seller. Such notification shall identify each and every alleged nonconformity of “Nonconforming Goods” means only the Goods and describe that portion of the shipment being rejectedfollowing: (i) product shipped is different than identified in Buyer’s purchase order; or (ii) product’s label or packaging incorrectly identifies its contents. Seller shall then respond with instructions as to the disposition of the Goods. 6.2 If Buyer timely notifies Seller of any nonconforming Nonconforming Goods, Seller shall, in its sole discretion: , (ai) replace such nonconforming Nonconforming Goods with conforming Goods, or (bii) credit or refund the Price for such nonconforming Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the nonconforming Nonconforming Goods to Seller's Shipment Point’s facility located at 0000 Xxxxxxxx Xxxx, Xxxxxxxx Xxxx, Xxxxxxx 00000. If Seller exercises its option to replace nonconforming Nonconforming Goods, Seller shall, after receiving Buyer's ’s shipment of nonconforming Nonconforming Goods, ship to Buyer, at Buyer's ’s expense and risk of loss, the replaced Goods to the Delivery Origin Point. 6.3 . Xxxxx acknowledges and agrees that the remedies set forth in clause 6.2 the preceding sentence are Xxxxx's ’s exclusive remedies for the delivery of nonconforming Nonconforming Goods. Except , and except as provided under clause 6.2the preceding sentence, all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.

Inspection and Rejection of Nonconforming Goods. 6.1 Buyer shall inspect the Goods within ten (10) 10 business days of receipt (the "Inspection Period"). Xxxxx will be deemed to have accepted the Goods unless it notifies Seller in writing of any nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as required by Seller. Such notification shall identify each and every alleged nonconformity of the Goods and describe that portion of the shipment being rejected. Seller shall then respond with instructions as to the disposition of the Goods. 6.2 If Buyer timely notifies Seller in writing of any nonconforming GoodsGoods within the Inspection Period, Seller shall, in its sole discretion: , (ai) replace such nonconforming Goods with conforming Goods, or (bii) credit or refund the Purchase Price for such nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the nonconforming Goods to Seller's Shipment Point. If Seller exercises its option to replace nonconforming Goods, Seller shall, after receiving Buyer's shipment of nonconforming Goods, ship to Buyer, at Buyer's expense and risk of loss, the replaced Goods to the Delivery Seller’s Shipment Point. 6.3 Xxxxx acknowledges and agrees that the remedies set forth in clause section 6.2 are Xxxxx's exclusive remedies for the delivery of nonconforming Goods. Except as provided under clause section 6.2, all sales of Goods to Buyer are made on a one-one- way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.

Inspection and Rejection of Nonconforming Goods. 6.1 Buyer shall a. Xxxxx will inspect the Goods within ten (10) days of receipt (the "Inspection Period")upon receipt. Xxxxx Buyer will be deemed to have accepted the Goods unless it notifies Seller H3X in writing of any nonconforming Nonconforming Goods during the Inspection Period within three (3) days and furnishes such written evidence or other documentation as reasonably required by Seller. Such notification shall identify each H3X No³nconforming Goods´ PHDQ: V (i) prRodQucOt s\hipped is different than identified in the Quote and every alleged nonconformity of this Agreement; or (ii) the Goods and describe that portion of the shipment being rejected. Seller shall then respond with instructions as to the disposition of the Goodsproduct's label or packaging incorrectly identifies its contents. 6.2 b. If Buyer timely notifies Seller H3X of any nonconforming Nonconforming Goods, Seller shallH3X will, in its sole discretion: , (ai) replace such nonconforming Nonconforming Goods with conforming Goods, or (bii) credit or refund the Price for such nonconforming Nonconforming Goods. If H3X replaces Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the nonconforming Goods to Seller's Shipment Point. If Seller exercises its option to replace nonconforming Goods, Seller shallH3X will, after receiving Buyer's Buyer¶s shipment of nonconforming Nonconforming Goods, ship to Buyer, at Buyer's expense and risk of loss, the replaced Goods to the Delivery Point. 6.3 c. Xxxxx acknowledges and agrees that the remedies set forth in clause 6.2 Section 6.a are Xxxxx's exclusive remedies for the delivery of nonconforming Nonconforming Goods. Except as provided under clause 6.2Section 6.a, all sales of Goods to Buyer are made on a one-way basis and Buyer Xxxxx has no right to return Goods purchased under this Agreement to SellerH3X and all the GHVLJQDWHG GDeHlivOerLy PYoHintU´,\ (i) thSe RLQW ³ amounts paid will be non-refundable. Goods will be deemed to have been delivered; and (ii) H3X, at its option, may store the Goods until Buyer picks them up, and Buyer will be liable for all related costs and expenses (including, without limitation, storage and insurance). e. It is expressly understood that there will be no deferred

Inspection and Rejection of Nonconforming Goods. 6.1 Buyer shall inspect the Goods within ten (10) 10 business days of receipt (the "Inspection Period"). Xxxxx will be deemed to have accepted the Goods unless it notifies Seller in writing of any nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as required by Seller. Such notification shall identify each and every alleged nonconformity of the Goods and describe that portion of the shipment being rejected. Seller shall then respond with instructions as to the disposition of the Goods. 6.2 If Buyer timely notifies Seller of any nonconforming GoodsGoods within the Inspection Period, Seller shall, in its sole discretion: , (ai) replace such nonconforming Goods with conforming Goods, or (bii) credit or refund the Purchase Price for such nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the nonconforming Goods to Seller's Shipment Point. If Seller exercises its option to replace nonconforming Goods, Seller shall, after receiving Buyer's shipment of nonconforming Goods, ship to Buyer, at Buyer's expense and risk of loss, the replaced Goods to the Delivery Seller’s Shipment Point. 6.3 Xxxxx acknowledges and agrees that the remedies set forth in clause section 6.2 are Xxxxx's exclusive remedies for the delivery of nonconforming Goods. Except as provided under clause section 6.2, all sales of Goods to Buyer are made on a one-one- way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.

Inspection and Rejection of Nonconforming Goods. 6.1 Buyer shall inspect the Goods within ten (10) days of receipt (the "Inspection Period"). Xxxxx Buyer will be deemed to have accepted the Goods unless it notifies Seller in writing of any nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as required by Seller. Such notification shall identify each and every alleged nonconformity of the Goods and describe that portion of the shipment being rejected. Seller shall then respond with instructions as to the disposition of the Goods. 6.2 If Buyer timely notifies Seller of any nonconforming Goods, Seller shall, in its sole discretion: (a) replace such nonconforming Goods with conforming Goods, Goods or (b) credit or refund the Price for such nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the nonconforming Goods to Seller's Shipment Point. If Seller exercises its option to replace nonconforming Goods, Seller shall, after receiving Buyer's shipment of nonconforming Goods, ship to Buyer, at Buyer's expense and risk of loss, the replaced Goods to the Delivery Point. 6.3 Xxxxx Buyer acknowledges and agrees that the remedies set forth in clause 6.2 are XxxxxBuyer's exclusive remedies for the delivery of nonconforming Goods. Except as provided under clause 6.2, all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.

Inspection and Rejection of Nonconforming Goods. 6.1 Buyer shall has the right to inspect the Goods within ten (10) days on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of receipt (the "Inspection Period"). Xxxxx will be deemed to have accepted the Goods unless it notifies Seller in writing of Goods, and may reject all or any nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as required by Seller. Such notification shall identify each and every alleged nonconformity portion of the Goods and describe that if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the shipment being rejected. Seller shall then respond with instructions as Goods, Buyer has, at its sole option, the right, effective upon written notice to Seller, to: (a) rescind the disposition Agreement and/or cancel the relevant Purchase Order in its entirety; (b) accept the Goods at a reasonably reduced price; (c) reject the Goods and require replacement of the rejected Goods. 6.2 ; (d) seek specific performance of Seller’s obligation to deliver; or (e) pursue any action or remedy in law or equity. If Buyer timely notifies Seller requires replacement of any nonconforming the Goods, Seller shall, in its sole discretion: (a) replace such nonconforming Goods with conforming Goods, or (b) credit or refund the Price for such nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of lossexpense, promptly replace the nonconforming or defective Goods to Seller's Shipment Pointand pay for all related expenses, including, but not limited to, transportation charges for the return of the defective Goods and the delivery of replacement Goods. If Seller exercises its option fails to replace nonconforming timely deliver replacement Goods, Xxxxx may replace them with Goods from a third party and charge Seller shallthe cost thereof and terminate the Agreement and/or the relevant Purchase Order for cause pursuant to Section 17(a)(v). Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller’s obligations under the Agreement, after receiving Buyer's shipment of nonconforming Goods, ship to Buyer, at Buyer's expense and risk of loss, the replaced Goods to the Delivery Point. 6.3 Xxxxx acknowledges and agrees that the remedies set forth in clause 6.2 are Xxxxx's exclusive remedies for the delivery of nonconforming Goods. Except as provided under clause 6.2, all sales of Goods to Buyer are made on a one-way basis and Buyer has no shall have the right to return conduct further inspections after Seller has carried out its remedial actions. Any payments for Goods purchased under this Agreement made prior to Selleracceptance shall not constitute an acceptance of such Goods or impair any remedies of Buyer.

Inspection and Rejection of Nonconforming Goods. 6.1 Buyer shall inspect the Goods within ten five (105) days of receipt (the "Inspection Period"). Xxxxx Buyer will be deemed to have accepted the Goods unless it notifies Seller in writing of any nonconforming Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as reasonably required by Seller. Such notification shall identify each and every alleged nonconformity of "Nonconforming Goods" means only the Goods and describe that portion of the shipment being rejectedfollowing: (i) product shipped is different than identified in Buyer's purchase order; or (ii) product's label or packaging incorrectly identifies its contents. Seller shall then respond with instructions as to the disposition of the Goods. 6.2 If Buyer timely notifies Seller of any nonconforming Nonconforming Goods, Seller shall, in its sole discretion: , (ai) replace such nonconforming Nonconforming Goods with conforming Goods, or (bii) credit or refund the Price for such nonconforming Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, ship the nonconforming Nonconforming Goods to Seller's Shipment Pointfacility in the Sales Confirmation. If Seller exercises its option to replace nonconforming Nonconforming Goods, Seller shall, after receiving Buyer's shipment of nonconforming Nonconforming Goods, ship to Buyer, at Buyer's expense and risk of loss, Buyer the replaced Goods to the Delivery Point. 6.3 Xxxxx . Buyer acknowledges and agrees that the remedies set forth in clause 6.2 this Section are XxxxxBuyer's exclusive remedies for the delivery of nonconforming Nonconforming Goods. Except as provided under clause 6.2this Section, all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.

Inspection and Rejection of Nonconforming Goods. 6.1 Buyer shall inspect the Goods within ten (10) days of receipt (the "Inspection Period"). Xxxxx will be deemed to have accepted the Goods unless it notifies Seller in writing of any nonconforming Goods during the Inspection Period and furnishes such written suchwritten evidence or other documentation as required by documentationas requiredby Seller. Such notification Suchnotification shall identify each and every alleged nonconformity of the Goods and describe that portion of the shipment being rejected. Seller shall then respond with respondwith instructions as to the disposition of the Goods. 6.2 If Buyer timely notifies Seller of any nonconforming Goods, Seller shall, in its sole discretion: (a) replace such nonconforming Goods with conforming Goods, or (b) credit or refund the Price for such nonconforming Goods, together with any reasonable shipping and handling andhandling expenses incurred by incurredby Buyer in connection therewithinconnectiontherewith. Buyer shall ship, at its expense and risk of loss, andrisk ofloss,the nonconforming Goods to Seller's Shipment Point. If Seller exercises its option to replace nonconforming Goods, Seller shall, ,after receiving Buyer's shipment of nonconforming ofnonconforming Goods, ship to Buyer, at Buyer's expense and risk of lossriskofloss, the replaced Goods to Goodsto the Delivery Point. 6.3 Xxxxx acknowledges and agrees that the remedies set forth in clause 6.2 are Xxxxx's exclusive remedies for the delivery of deliveryof nonconforming Goods. Except as provided under clause 6.2, all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.

Inspection and Rejection of Nonconforming Goods. 6.1 Buyer shall inspect the Goods within ten (10) 5 days of receipt delivery in accordance with the Shipping Terms (the "Inspection Period"). Xxxxx will be deemed to have accepted the Goods unless it notifies Seller in writing of any nonconforming Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as required by Seller. Such notification shall identify each and every alleged nonconformity "Nonconforming Goods" refers to goods delivered that do not match the description of the Goods and describe that portion of identified in the shipment being rejectedSales Confirmation. Seller shall then respond with instructions as to the disposition of the Goods. 6.2 If Buyer timely notifies Seller within the Inspection Period of any nonconforming Nonconforming Goods, Seller shall, in its sole discretion: , (ai) replace such nonconforming Nonconforming Goods with conforming Goods, or (bii) credit or refund the Price paid for such nonconforming Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the nonconforming Nonconforming Goods to a location specified by Seller's Shipment Point. If Seller exercises its option to replace nonconforming Nonconforming Goods, Seller shall, after receiving Buyer's shipment of nonconforming Nonconforming Goods, ship to Buyer, at Buyer's expense and risk of loss, the replaced Goods to the Delivery Point. BUYER ACKNOWLEDGES AND AGREES THAT THE REMEDIES SET FORTH IN SECTION 6 ARE BUYER'S EXCLUSIVE REMEDIES. 6.3 Xxxxx acknowledges and agrees that the remedies set forth in clause 6.2 are Xxxxx's exclusive remedies for the delivery of nonconforming Goods. Except as provided under clause 6.2, all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.