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

Inspection and Rejection of Nonconforming Goods. Buyer shall inspect the Goods within seven (7) days of receipt (“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 reasonably required by Seller. “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 these Terms. If Buyer timely notifies Seller of any Nonconforming Goods, Seller shall, at its election, (i) replace such Nonconforming Goods with conforming Goods, or (ii) 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 Facility identified by Seller. 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. Xxxxx acknowledges and agrees that the remedies set forth in this Section 4 are Xxxxx’s exclusive remedies for the delivery of Nonconforming Goods. Except as provided under Section 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. Buyer (a) Customer shall inspect the Goods upon receipt within seven five (75) days of receipt (“"Inspection Period”"). Xxxxx Customer will be deemed to have accepted the Goods unless it notifies Seller Xxxxxx-Xxxxxx in writing of any Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as reasonably required by SellerXxxxxx-Xxxxxx. “"Nonconforming Goods” " means only the following: (i) Goods product shipped are is different than identified in this AgreementCustomer's purchase order; or (ii) Goods’ product's label or packaging incorrectly identifies its contents; or . (iiib) Goods not in accordance with Section 9 of these Terms. If Buyer Customer timely notifies Seller Xxxxxx-Xxxxxx of any Nonconforming Goods, Seller Xxxxxx-Xxxxxx shall, at in its electionsole discretion, (i) replace such Nonconforming Goods with conforming Goods, or (ii) credit or refund the Price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer Customer in connection therewith. Buyer Customer shall ship, at its expense and risk of loss, the Nonconforming Goods to Seller’s Facility identified by SellerXxxxxx-Xxxxxx'x plant. If Seller Xxxxxx-Xxxxxx exercises its option to replace Nonconforming Goods, Seller Xxxxxx-Xxxxxx shall, after receiving Buyer’s Customer's shipment of Nonconforming Goods, ship to BuyerCustomer, at Buyer’s Customer's expense and risk of loss, the replaced Goods to the Delivery Point. Xxxxx (c) Customer acknowledges and agrees that the remedies set forth in this Section 4 8(b) are Xxxxx’s Customer's exclusive remedies for the delivery of Nonconforming Goods. Except as provided under Section 58(b), all sales of Goods to Buyer Customer are made on a one-way basis and Buyer Customer has no right to return Goods purchased under this Agreement to SellerXxxxxx-Xxxxxx.