Inspection and Return Goods Policy. 8.1. An inspection of appearance of each shipment of Product shall be made by SOLARFUN in accordance with sound business practice upon the delivery of the Product, and in no case later than [*] after delivery at SOLARFUN’s factory. SOLARFUN shall inform HOKU promptly, and in no case later than [*] after delivery of Product, in case of any obvious damages or other obvious defects to the Product which SOLARFUN discovers under the inspection of appearance. 8.2. SOLARFUN shall perform final inspection of the Product upon introducing the Product into SOLARFUN’s production process. Such inspection shall take place during the Warranty Period. If the Product does not meet the Product Specifications, SOLARFUN shall notify HOKU in writing without undue delay after the inspection and, together with the notification, submit documentary evidence of the result of the final inspection whereupon HOKU shall have the right to undertake its own inspection prior to any return of the Products pursuant to Section 8.3 below. 8.3. Products may be returned to HOKU within the later of (a) [*] after discovery of a defect consistent with Sections 8.1 and 8.2 above; and (b) [*] after HOKU completes its inspection and confirms the defect pursuant to Section 8.2 above, for replacement or a refund including all return shipment expenses. To assure prompt handling, HOKU shall provide SOLARFUN a return goods authorization number within 48 hours of SOLARFUN’s request. Provided that HOKU communicates this number to SOLARFUN within such timeframe, SOLARFUN will reference this number on return shipping documents. Returns made without the authorization number provided by HOKU in accordance with the foregoing may be subject to HOKU’s reasonable charges due to HOKU’s additional handling costs. HOKU reserves the right to reverse any credit issued to SOLARFUN if, upon return, such Product is determined by a predetermined third party not to be defective.
Appears in 3 contracts
Samples: Supply Agreement (Hoku Scientific Inc), Supply Agreement (Hoku Scientific Inc), Supply Agreement (Hoku Scientific Inc)
Inspection and Return Goods Policy. 8.19.1. An inspection of appearance of each shipment of Product shall be made by SOLARFUN JINKO in accordance with sound business practice upon the delivery of the Product, and in no case later than [*] *** after delivery at SOLARFUNJINKO’s factory. SOLARFUN JINKO shall inform HOKU promptly, and in no case later than [*] *** after delivery of ProductProduct at JINKO’s factory, in case of any obvious damages or other obvious defects to the Product which SOLARFUN JINKO discovers under the inspection of appearance.
8.29.2. SOLARFUN JINKO shall perform final inspection of the Product upon introducing the Product into SOLARFUNJINKO’s production process. Such inspection shall take place during the Warranty Period. If the Product does not meet the Product Specifications, SOLARFUN JINKO shall notify HOKU in writing without undue delay after the inspection and, together with the notification, submit to HOKU documentary evidence of the result of the final inspection whereupon HOKU shall have the right to undertake its own inspection prior to any return of the Products pursuant to Section 8.3 9.3 below. JINKO Initials & Date HOKU Initials & Date **** Confidential material omitted and filed separately with the Commission.
8.39.3. Non-complying Products may be returned to HOKU within the later of (a) [*] *** after discovery of a defect consistent with Sections 8.1 9.1 and 8.2 9.2 above; and (b) [*] *** after HOKU completes its inspection and confirms the defect pursuant to Section 8.2 9.2 above, for replacement or a refund including all return shipment expenses. To assure prompt handling, HOKU shall provide SOLARFUN JINKO a return goods authorization number within 48 hours of SOLARFUNJINKO’s request. Provided that HOKU communicates this number to SOLARFUN JINKO within such timeframe, SOLARFUN JINKO will reference this number on return shipping documents. Returns made without the authorization number provided by HOKU in accordance with the foregoing may be subject to HOKU’s reasonable charges due to HOKU’s additional handling costs; provided, however, if HOKU fails to provide JINKO such authorization number within such time frame without reasonable cause, HOKU shall bear all handling costs incurred in returning the non-complying products. HOKU reserves the right to reverse any credit issued to SOLARFUN JINKO if, upon return, such Product is determined by a predetermined third party an Independent Expert not to be defective. The conclusion of the Independent Expert shall be final, binding and non-appealable in respect of the conformity of the Products to the warranties set forth in Section 8.1 above. The fees and expenses of the Independent Expert shall be paid solely by the party that does not succeed in the dispute.
9.4. The following shall be deemed to constitute a material breach of this Agreement by HOKU pursuant to Section 10.2.1: (A) if HOKU delivers **** consecutive monthly shipments where more than **** percent **** of the Products in each such shipment do not meet the Product Specifications, or (B) HOKU delivers **** or more monthly shipments during any Year where **** percent **** of the Products in each such shipment do not meet the Product Specifications.
Appears in 2 contracts
Samples: Supply Agreement, Supply Agreement (JinkoSolar Holding Co., Ltd.)
Inspection and Return Goods Policy. 8.1. An inspection of appearance of each shipment of Product shall be made by SOLARFUN TIANWEI in accordance with sound business practice upon the delivery of the Product, and in no case later than [*] weeks after delivery at SOLARFUNTIANWEI’s factory. SOLARFUN TIANWEI shall inform HOKU promptly, and in no case later than [*] weeks after delivery of Product, in case of any obvious damages or other obvious defects to the Product which SOLARFUN TIANWEI discovers under the inspection of appearance. All Products shall be double-packaged in polyethylene bags suitable for maintaining the quality of the Products and for long-distance overseas shipping, which will be weighed and bar-coded for tracking purposes prior to shipment.
8.2. SOLARFUN TIANWEI shall perform final inspection of the Product upon introducing the Product into SOLARFUNTIANWEI’s production process. Such inspection shall take place during the Warranty Period. If the Product does not meet the Product Specifications, SOLARFUN TIANWEI shall notify HOKU in writing without undue delay after the inspection and, together with the notification, submit documentary evidence of the result of the final inspection whereupon HOKU shall have the right to undertake its own inspection prior to any return of the Products pursuant to Section 8.3 below. HOKU is required to acknowledge TIANWEI’s notification within [*] business days and provide an action plan within [*] business days thereafter to solve the issue. If no such action plan is received by TIANWEI within [*], it shall be deemed that HOKU has accepted the returned Products. HOKU reserves the right to reverse any credit issued to TIANWEI if, upon return, such Product is determined by an Independent Expert not to be defective. The conclusion of the Independent Expert shall be final, binding and non-appealable in respect of the conformity of the Products to the warranties set forth in Section 7.1 above. The fees and expenses of the Independent Expert shall be paid solely by the party that does not succeed in the dispute.
8.3. Products may be returned to HOKU within the later of (a) [*] days after discovery of a defect consistent with Sections 8.1 and 8.2 above; and (b) [*] days after HOKU completes its inspection and confirms the defect pursuant to Section 8.2 above, for replacement or a refund including all return shipment other direct expenses. To assure prompt handling, HOKU shall provide SOLARFUN TIANWEI a return goods authorization number within 48 [*] hours of SOLARFUNTIANWEI’s request. Provided that HOKU communicates this number to SOLARFUN TIANWEI within such timeframe, SOLARFUN TIANWEI will reference this number on return shipping documents. Returns made without the authorization number provided by HOKU in accordance with the foregoing may be subject to HOKU’s reasonable charges due to HOKU’s additional handling costs. HOKU reserves the right to reverse any credit issued to SOLARFUN if, upon return, such Product is determined by a predetermined third party not to be defective.
Appears in 2 contracts
Samples: Supply Agreement (Hoku Scientific Inc), Supply Agreement (Hoku Scientific Inc)
Inspection and Return Goods Policy. 8.1. An inspection of appearance of each shipment of Product shall be made by SOLARFUN TIANWEI in accordance with sound business practice upon the delivery of the Product, and in no case later than [*] weeks after delivery at SOLARFUNTIANWEI’s factory. SOLARFUN TIANWEI shall inform HOKU promptly, and in no case later than [*] six weeks after delivery of Product, in case of any obvious damages or other obvious defects to the Product which SOLARFUN TIANWEI discovers under the inspection of appearance.. All Products shall be double-packaged in polyethylene bags suitable for maintaining the quality of the Products and for long-distance overseas shipping, which will be weighed and bar-coded for tracking purposes prior to shipment. TIANWEI Initials & Date ___________________________ HOKU Initials & Date ___________________________
8.2. SOLARFUN TIANWEI shall perform final inspection of the Product upon introducing the Product into SOLARFUNTIANWEI’s production process. Such inspection shall take place during the Warranty Period. If the Product does not meet the Product Specifications, SOLARFUN TIANWEI shall notify HOKU in writing without undue delay after the inspection and, together with the notification, submit documentary evidence of the result of the final inspection whereupon HOKU shall have the right to undertake its own inspection prior to any return of the Products pursuant to Section 8.3 below. HOKU is required to acknowledge TIANWEI’s notification within two (2) business days and provide an action plan within ten (10) business days thereafter to solve the issue. If no such action plan is received by TIANWEI within six (6) weeks, it shall be deemed that HOKU has accepted the returned Products. HOKU reserves the right to reverse any credit issued to TIANWEI if, upon return, such Product is determined by an Independent Expert not to be defective. The conclusion of the Independent Expert shall be final, binding and non-appealable in respect of the conformity of the Products to the warranties set forth in Section 7.1 above. The fees and expenses of the Independent Expert shall be paid solely by the party that does not succeed in the dispute.
8.3. Products may be returned to HOKU within the later of (a) [*] days after discovery of a defect consistent with Sections 8.1 and 8.2 above; and (b) [*] days after HOKU completes its inspection and confirms the defect pursuant to Section 8.2 above, for replacement or a refund including all return shipment other direct expenses. To assure prompt handling, HOKU shall provide SOLARFUN TIANWEI a return goods authorization number within 48 hours of SOLARFUNTIANWEI’s request. Provided that HOKU communicates this number to SOLARFUN TIANWEI within such timeframe, SOLARFUN TIANWEI will reference this number on return shipping documents. Returns made without the authorization number provided by HOKU in accordance with the foregoing may be subject to HOKU’s reasonable charges due to HOKU’s additional handling costs. HOKU reserves the right to reverse any credit issued to SOLARFUN if, upon return, such Product is determined by a predetermined third party not to be defective.
Appears in 1 contract
Inspection and Return Goods Policy. 8.1. An inspection of inspecxxxx xx appearance of each shipment of Product shall be made by SOLARFUN in accordance with sound business practice upon the delivery of the Product, and in no case later than [*] four weeks after delivery at SOLARFUN’s 's factory. SOLARFUN shall inform HOKU promptly, and in no case later than [*] six weeks after delivery of Product, in case of any obvious damages or other obvious defects to the Product which SOLARFUN discovers under the inspection of appearance.
8.2. SOLARFUN shall perform final inspection of the Product upon introducing the Product into SOLARFUN’s 's production process. Such inspection shall take place during the Warranty Period. If the Product does not meet the Product Specifications, SOLARFUN shall notify HOKU in writing without undue delay after the inspection and, together with the notification, submit documentary evidence of the result of the final inspection whereupon HOKU shall have the right to undertake its own inspection prior to any return of the Products pursuant to Section 8.3 below.
8.3. Products may be returned to HOKU within the later of (a) [*] 10 days after discovery of a defect consistent with Sections 8.1 and 8.2 above; and (b) [*] 10 days after HOKU completes its inspection and confirms the defect pursuant to Section 8.2 above, for replacement or a refund including all return shipment expenses. To assure prompt handling, HOKU shall provide SOLARFUN a return goods SOLARFUN Initials & Date /s/ WS November 15, 2007 HOKU Initials & Date /s/ DS November 19, 2007 ------------------------ ------------------------ authorization number within 48 hours of SOLARFUN’s 's request. Provided that HOKU communicates this number to SOLARFUN within such timeframe, SOLARFUN will reference this number on return shipping documents. Returns made without the authorization number provided by HOKU in accordance with the foregoing may be subject to HOKU’s 's reasonable charges due to HOKU’s 's additional handling costs. HOKU reserves the right to reverse any credit issued to SOLARFUN if, upon return, such Product is determined by a predetermined third party not to be defective.
Appears in 1 contract
Samples: Supply Agreement (Solarfun Power Holdings Co., Ltd.)
Inspection and Return Goods Policy. 8.19.1. An inspection of appearance of each shipment of Product shall be made by SOLARFUN JINKO in accordance with sound business practice upon the delivery of the Product, and in no case later than [*] weeks after delivery at SOLARFUNJINKO’s factory. SOLARFUN JINKO shall inform HOKU promptly, and in no case later than [*] weeks after delivery of ProductProduct at JINKO’s factory, in case of any obvious damages or other obvious defects to the Product which SOLARFUN JINKO discovers under the inspection of appearance.
8.29.2. SOLARFUN JINKO shall perform final inspection of the Product upon introducing the Product into SOLARFUNJINKO’s production process. Such inspection shall take place during the Warranty Period. If the Product does not meet the Product Specifications, SOLARFUN JINKO shall notify HOKU in writing without undue delay after the inspection and, together with the notification, submit to HOKU documentary evidence of the result of the final inspection whereupon HOKU shall have the right to undertake its own inspection prior to any return of the Products pursuant to Section 8.3 9.3 below.
8.39.3. Non-complying Products may be returned to HOKU within the later of (a) [*] after discovery of a defect consistent with Sections 8.1 9.1 and 8.2 9.2 above; and (b) [*] after HOKU completes its inspection and confirms the defect pursuant to Section 8.2 9.2 above, for replacement or a refund including all return shipment expenses. To assure prompt handling, HOKU shall provide SOLARFUN JINKO a return goods authorization number within 48 hours of SOLARFUNJINKO’s request. Provided that HOKU communicates this number to SOLARFUN JINKO within such timeframe, SOLARFUN JINKO will reference this number on return shipping documents. Returns made without the authorization number provided by HOKU in accordance with the foregoing may be subject to HOKU’s reasonable charges due to HOKU’s additional handling costs; provided, however, if HOKU fails to provide JINKO such authorization number within such time frame without reasonable cause, HOKU shall bear all handling costs incurred in returning the non-complying products. HOKU reserves the right to reverse any credit issued to SOLARFUN JINKO if, upon return, such Product is determined by a predetermined third party an Independent Expert not to be defective. The conclusion of the Independent Expert shall be final, binding and non-appealable in respect of the conformity of the Products to the warranties set forth in Section 8.1 above. The fees and expenses of the Independent Expert shall be paid solely by the party that does not succeed in the dispute.
9.4. The following shall be deemed to constitute a material breach of this Agreement by HOKU pursuant to Section 10.2.1: (A) if HOKU delivers [*] consecutive monthly shipments where more than [*] percent [*] of the Products in each such shipment do not meet the Product Specifications, or (B) HOKU delivers [*] or more monthly shipments during any Year where [*] percent [*] of the Products in each such shipment do not meet the Product Specifications.
Appears in 1 contract
Inspection and Return Goods Policy. 8.1. An inspection of appearance of each shipment of Product shall be made by SOLARFUN in accordance with sound business practice upon the delivery of the Product, and in no case later than [*] four weeks after delivery at SOLARFUN’s 's factory. SOLARFUN shall inform HOKU promptly, and in no case later than [*] six weeks after delivery of Product, in case of any obvious damages or other obvious defects to the Product which SOLARFUN discovers under the inspection of appearance.
8.2. SOLARFUN shall perform final inspection of the Product upon introducing the Product into SOLARFUN’s 's production process. Such inspection shall take place during the Warranty Period. If the Product does not meet the Product Specifications, SOLARFUN shall notify HOKU in writing without undue delay after the inspection and, together with the notification, submit documentary evidence of the result of the final inspection whereupon HOKU shall have the right to undertake its own inspection prior to any return of the Products pursuant to Section 8.3 below.
8.3. Products may be returned to HOKU within the later of (a) [*] 10 days after discovery of a defect consistent with Sections 8.1 and 8.2 above; and (b) [*] 10 days after HOKU completes its inspection and confirms the defect pursuant to Section 8.2 above, for replacement or a refund including all return shipment expenses. To assure prompt handling, HOKU shall provide SOLARFUN a return goods authorization number within 48 hours of SOLARFUN’s 's request. Provided that HOKU communicates this number to SOLARFUN within such timeframe, SOLARFUN will reference this number on return shipping documents. Returns made without the authorization number provided by HOKU in accordance with the foregoing may be subject to HOKU’s 's reasonable charges due to HOKU’s 's additional handling costs. HOKU reserves the right to reverse any credit issued to SOLARFUN if, upon return, such Product is determined by a predetermined third party not to be defective.
Appears in 1 contract
Samples: Supply Agreement (Solarfun Power Holdings Co., Ltd.)
Inspection and Return Goods Policy. 8.1. An inspection of appearance of each shipment of Product shall be made by SOLARFUN KINKO in accordance with sound business practice upon the delivery of the Product, and in no case later than [*] after delivery at SOLARFUNKINKO’s factory. SOLARFUN KINKO shall inform HOKU promptly, and in no case later than [*] after delivery of Product, in case of any obvious damages or other obvious defects to the Product which SOLARFUN KINKO discovers under the inspection of appearance.
8.2. SOLARFUN KINKO shall perform final inspection of the Product upon introducing the Product into SOLARFUNKINKO’s production process. Such inspection shall take place during the Warranty Period. If the Product does not meet the Product Specifications, SOLARFUN KINKO shall notify HOKU in writing without undue delay after the inspection and, together with the notification, submit documentary evidence of the result of the final inspection whereupon HOKU shall have the right to undertake its own inspection prior to any return of the Products pursuant to Section 8.3 below.. KINKO Initials & Date __XDL July 25, 2008________ HOKU Initials & Date __DS_________________________
8.3. Products may be returned to HOKU within the later of (a) [*] after discovery of a defect consistent with Sections 8.1 and 8.2 above; and (b) [*] after HOKU completes its inspection and confirms the defect pursuant to Section 8.2 above, for replacement or a refund including all return shipment expenses. To assure prompt handling, HOKU shall provide SOLARFUN KINKO a return goods authorization number within 48 hours of SOLARFUNKINKO’s request. Provided that HOKU communicates this number to SOLARFUN KINKO within such timeframe, SOLARFUN KINKO will reference this number on return shipping documents. Returns made without the authorization number provided by HOKU in accordance with the foregoing may be subject to HOKU’s reasonable charges due to HOKU’s additional handling costs. HOKU reserves the right to reverse any credit issued to SOLARFUN KINKO if, upon return, such Product is determined by a predetermined third party an Independent Expert not to be defective. The conclusion of the Independent Expert shall be final, binding and non-appealable in respect of the conformity of the Products to the warranties set forth in Section 7.1 above. The fees and expenses of the Independent Expert shall be paid solely by the party that does not succeed in the dispute.
8.4. The following shall be deemed to constitute a material breach of this Agreement by HOKU pursuant to Section 9.2.1: (A) if HOKU delivers [*] consecutive monthly shipments where more than [*] percent ([*]%) of the Products in each such shipment do not meet the Product Specifications, or (B) HOKU delivers [*] or more monthly shipments during any Year where [*] percent ([*]%) of the Products in each such shipment do not meet the Product Specifications.
Appears in 1 contract
Inspection and Return Goods Policy. 8.1. An inspection of appearance of each shipment of Product shall be made by SOLARFUN CUSTOMER in accordance with sound business practice upon the delivery of the Product, and in no case later than [*] after delivery at SOLARFUNCUSTOMER’s factory. SOLARFUN CUSTOMER shall inform HOKU promptly, and in no case later than [*] after delivery of Product, in case of any obvious damages or other obvious defects to the Product which SOLARFUN CUSTOMER discovers under the inspection of appearance.
8.2. SOLARFUN CUSTOMER shall perform final inspection of the Product upon introducing the Product into SOLARFUNCUSTOMER’s production process. Such inspection shall take place during the Warranty Period. If the Product does not meet the Product Specifications, SOLARFUN CUSTOMER shall notify HOKU in writing without undue delay after the inspection and, together with the notification, submit documentary evidence of the result of the final inspection whereupon HOKU shall have the right to undertake its own inspection prior to any return of the Products pursuant to Section 8.3 0 below.
8.3. Products may be returned to HOKU within the later of (a) [*] after discovery of a defect consistent with Sections 8.1 0 and 8.2 0 above; and (b) [*] after HOKU completes its inspection and confirms the defect pursuant to Section 8.2 0 above, for replacement or a refund including all return shipment expenses. To assure prompt handling, HOKU shall provide SOLARFUN CUSTOMER a return goods authorization number within 48 hours of SOLARFUNCUSTOMER’s request. Provided that HOKU communicates this number to SOLARFUN CUSTOMER within such timeframe, SOLARFUN CUSTOMER will reference this number on return shipping documents. Returns made without the authorization number provided by HOKU in accordance with the foregoing may be subject to HOKU’s reasonable charges due to HOKU’s additional handling costs. HOKU reserves the right to reverse any credit issued to SOLARFUN CUSTOMER if, upon return, such Product is determined by a predetermined third party an Independent Expert not to be defective.. The conclusion of the Independent Expert shall be final, binding and non-appealable in respect of the conformity of the Products to the warranties set forth in Section 0 above. The fees and expenses of the Independent Expert shall be paid solely by the party that does not succeed in the dispute. CUSTOMER Initials & Date ___________________________ HOKU Initials & Date ___________________________
Appears in 1 contract
Inspection and Return Goods Policy. 8.1. An inspection of appearance of each shipment of Product shall be made by SOLARFUN TIANWEI in accordance with sound business practice upon the delivery of the Product, and in no case later than [*] weeks after delivery at SOLARFUNTIANWEI’s factory. SOLARFUN TIANWEI shall inform HOKU promptly, and in no case later than [*] six weeks after delivery of Product, in case of any obvious damages or other obvious defects to the Product which SOLARFUN TIANWEI discovers under the inspection of appearance. All Products shall be double-packaged in polyethylene bags suitable for maintaining the quality of the Products and for long-distance overseas shipping, which will be weighed and bar-coded for tracking purposes prior to shipment.
8.2. SOLARFUN TIANWEI shall perform final inspection of the Product upon introducing the Product into SOLARFUNTIANWEI’s production process. Such inspection shall take place during the Warranty Period. If the Product does not meet the Product Specifications, SOLARFUN TIANWEI shall notify HOKU in writing without undue delay after the inspection and, together with the notification, submit documentary evidence of the result of the final inspection whereupon HOKU shall have the right to undertake its own inspection prior to any return of the Products pursuant to Section 8.3 below. HOKU is required to acknowledge TIANWEI’s notification within two (2) business days and provide an action plan within ten (10) business days thereafter to solve the issue. If no such action plan is received by TIANWEI within six (6) weeks, it shall be deemed that HOKU has accepted the returned Products. HOKU reserves the right to reverse any credit issued to TIANWEI if, upon return, such Product is determined by an Independent Expert not to be defective. The conclusion of the Independent Expert shall be final, binding and non-appealable in respect of the conformity of the Products to the warranties set forth in Section 7.1 above. The fees and expenses of the Independent Expert shall be paid solely by the party that does not succeed in the dispute.
8.3. Products may be returned to HOKU within the later of (a) [*] days after discovery of a defect consistent with Sections 8.1 and 8.2 above; and (b) [*] days after HOKU completes its inspection and confirms the defect pursuant to Section 8.2 above, for replacement or a refund including all return shipment other direct expenses. To assure prompt handling, HOKU shall provide SOLARFUN TIANWEI a return goods authorization number within 48 hours of SOLARFUNTIANWEI’s request. Provided that HOKU communicates this number to SOLARFUN TIANWEI within such timeframe, SOLARFUN TIANWEI will reference this number on return shipping documents. Returns made without the authorization number provided by HOKU in accordance with the foregoing may be subject to HOKU’s reasonable charges due to HOKU’s additional handling costs. TIANWEI Initials & Date ___________________________ HOKU reserves the right to reverse any credit issued to SOLARFUN if, upon return, such Product is determined by a predetermined third party not to be defective.Initials & Date ___________________________
Appears in 1 contract
Inspection and Return Goods Policy. 8.19.1. An inspection of appearance of each shipment of Product shall be made by SOLARFUN CUSTOMER in accordance with sound business practice upon the delivery of the Product, and in no case later than [*] weeks after delivery at SOLARFUNCUSTOMER’s factory. SOLARFUN CUSTOMER shall inform HOKU promptly, and in no case later than [*] weeks after delivery of Product, in case of any obvious damages or other obvious defects to the Product which SOLARFUN CUSTOMER discovers under the inspection of appearance.
8.29.2. SOLARFUN CUSTOMER shall perform final inspection of the Product upon introducing the Product into SOLARFUNCUSTOMER’s production process. Such inspection shall take place during the Warranty Period. If the Product does not meet the Product Specifications, SOLARFUN CUSTOMER shall notify HOKU in writing without undue delay after the inspection and in any event prior to expiration of the Warranty Period, and, together with the notification, submit documentary evidence of the result of the final inspection whereupon inspection. HOKU shall then have the right to undertake its own inspection prior to any return of the Products pursuant to Section 8.3 9.3 below, and shall notify CUSTOMER in writing within 5 business days whether or not it chooses to do so.
8.39.3. Products may be returned to HOKU by delivering them to a common carrier or freight forwarder within the later of (a) [*] after discovery HOKU notifies CUSTOMER in writing pursuant to Section 9.2 above that it chooses not to exercise its right to undertake its own inspection prior to return of a defect consistent with Sections 8.1 and 8.2 abovethe Products; and (b) [*] after HOKU completes its inspection pursuant to Section 9.2 above and confirms the defect pursuant by written notice to Section 8.2 aboveCUSTOMER, for replacement or a refund including all return shipment expenses. To assure prompt handling, HOKU shall provide SOLARFUN CUSTOMER a return goods authorization number within 48 hours of SOLARFUNCUSTOMER’s request. Provided that HOKU communicates this number to SOLARFUN CUSTOMER within such timeframe, SOLARFUN CUSTOMER will reference this number on return shipping documents. Returns made without the authorization number provided by HOKU in accordance with the foregoing may be subject to HOKU’s reasonable charges due to HOKU’s additional handling costs. If HOKU concludes following its inspection pursuant to Section 9.2 above that the Product meets the Product Specifications, CUSTOMER reserves the right to require that the Product be submitted to an Independent Expert; and if HOKU chooses not to exercise its right to complete its own inspection pursuant to Section 9.2, HOKU reserves the right to require that the Product be submitted to an Independent Expert. The conclusion of the Independent Expert shall be final, binding and non-appealable in respect of the conformity of the Products to the warranties set forth in Section 8.1 above. The fees and expenses of the Independent Expert shall be paid solely by the party that does not succeed in the dispute. HOKU reserves the right to reverse any credit issued to SOLARFUN ifCUSTOMER prior to the determination of the Independent Expert that the Products for which the credit was issued are not defective, upon return, such Product is determined and CUSTOMER reserves the right to return the Products to HOKU by delivering them to a predetermined third party not to be common carrier or freight forwarder within 10 days of the determination of the Independent Expert that the Products are defective.. CUSTOMER Initials & Date /s/ YIH HOKU Initials & Date /s/ DS 2 April 2009
Appears in 1 contract
Inspection and Return Goods Policy. 8.1. An inspection of appearance of each shipment of Product shall be made by SOLARFUN TIANWEI in accordance with sound business practice upon the delivery of the Product, and in no case later than [*] weeks after delivery at SOLARFUNTIANWEI’s factory. SOLARFUN TIANWEI shall inform HOKU promptly, and in no case later than [*] six weeks after delivery of Product, in case of any obvious damages or other obvious defects to the TIANWEI Initials & Date ___________________________ HOKU Initials & Date ___________________________ Product which SOLARFUN TIANWEI discovers under the inspection of appearance. All Products shall be double-packaged in polyethylene bags suitable for maintaining the quality of the Products and for long-distance overseas shipping, which will be weighed and bar-coded for tracking purposes prior to shipment.
8.2. SOLARFUN TIANWEI shall perform final inspection of the Product upon introducing the Product into SOLARFUNTIANWEI’s production process. Such inspection shall take place during the Warranty Period. If the Product does not meet the Product Specifications, SOLARFUN TIANWEI shall notify HOKU in writing without undue delay after the inspection and, together with the notification, submit documentary evidence of the result of the final inspection whereupon HOKU shall have the right to undertake its own inspection prior to any return of the Products pursuant to Section 8.3 below. HOKU is required to acknowledge TIANWEI’s notification within two (2) business days and provide an action plan within ten (10) business days thereafter to solve the issue. If no such action plan is received by TIANWEI within six (6) weeks, it shall be deemed that HOKU has accepted the returned Products. HOKU reserves the right to reverse any credit issued to TIANWEI if, upon return, such Product is determined by an Independent Expert not to be defective. The conclusion of the Independent Expert shall be final, binding and non-appealable in respect of the conformity of the Products to the warranties set forth in Section 7.1 above. The fees and expenses of the Independent Expert shall be paid solely by the party that does not succeed in the dispute.
8.3. Products may be returned to HOKU within the later of (a) [*] days after discovery of a defect consistent with Sections 8.1 and 8.2 above; and (b) [*] days after HOKU completes its inspection and confirms the defect pursuant to Section 8.2 above, for replacement or a refund including all return shipment other direct expenses. To assure prompt handling, HOKU shall provide SOLARFUN TIANWEI a return goods authorization number within 48 hours of SOLARFUNTIANWEI’s request. Provided that HOKU communicates this number to SOLARFUN TIANWEI within such timeframe, SOLARFUN TIANWEI will reference this number on return shipping documents. Returns made without the authorization number provided by HOKU in accordance with the foregoing may be subject to HOKU’s reasonable charges due to HOKU’s additional handling costs. HOKU reserves the right to reverse any credit issued to SOLARFUN if, upon return, such Product is determined by a predetermined third party not to be defective.
Appears in 1 contract
Samples: Supply Agreement (Tianwei New Energy Holdings Co., LTD)
Inspection and Return Goods Policy. 8.1. An inspection of appearance of each shipment of Product shall be made by SOLARFUN in accordance with sound business practice upon the delivery of the Product, and in no case later than [*] after delivery at SOLARFUN’s 's factory. SOLARFUN shall inform HOKU promptly, and in no case later than [*] after delivery of Product, in case of any obvious damages or other obvious defects to the Product which SOLARFUN discovers under the inspection of appearance.
8.2. SOLARFUN shall perform final inspection of the Product upon introducing the Product into SOLARFUN’s 's production process. Such inspection shall take place during the Warranty Period. If the Product does not meet the Product Specifications, SOLARFUN shall notify HOKU in writing without undue delay after the inspection and, together with the notification, submit documentary evidence of the result of the final inspection whereupon HOKU shall have the right to undertake its own inspection prior to any return of the Products pursuant to Section 8.3 below.
8.3. Products may be returned to HOKU within the later of (a) [*] after discovery of a defect consistent with Sections 8.1 and 8.2 above; and (b) [*] after HOKU completes its inspection and confirms the defect pursuant to Section 8.2 above, for replacement or a refund including all return shipment expenses. To assure prompt handling, HOKU shall provide SOLARFUN a return goods authorization number within 48 hours of SOLARFUN’s 's request. Provided that HOKU communicates this number to SOLARFUN within such timeframe, SOLARFUN will reference this number on return shipping documents. Returns made without the authorization number provided by HOKU in accordance with the foregoing may be subject to HOKU’s 's reasonable charges due to HOKU’s 's additional handling costs. HOKU reserves the right to reverse any credit issued to SOLARFUN if, upon return, such Product is determined by a predetermined third party not to be defective.
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Samples: Supply Agreement (Solarfun Power Holdings Co., Ltd.)
Inspection and Return Goods Policy. 8.1. An inspection of appearance of each shipment of Product shall be made by SOLARFUN TIANWEI in accordance with sound business practice upon the delivery of the Product, and in no case later than [*] weeks after delivery at SOLARFUNTIANWEI’s factory. SOLARFUN TIANWEI shall inform HOKU promptly, and in no case later than [*] six weeks after delivery of Product, in case of any obvious damages or other obvious defects to the Product which SOLARFUN TIANWEI discovers under the inspection of appearance. All Products shall be double-packaged in polyethylene bags suitable for maintaining the quality of the Products and for long-distance overseas shipping, which will be weighed and bar-coded for tracking purposes prior to shipment.
8.2. SOLARFUN TIANWEI shall perform final inspection of the Product upon introducing the Product into SOLARFUNTIANWEI’s production process. Such inspection shall take place during the Warranty Period. If the Product does not meet the Product Specifications, SOLARFUN TIANWEI shall notify HOKU in writing without undue delay after the inspection and, together with the notification, submit documentary evidence of the result of the final inspection whereupon HOKU shall have the right to undertake its own inspection prior to any return of the Products pursuant to Section 8.3 below. HOKU is required to acknowledge TIANWEI’s notification within two (2) business days and provide an action plan within ten (10) business days thereafter to solve the issue. If no such action plan is received by TIANWEI within six (6) weeks, it shall be deemed that HOKU has accepted the returned Products. HOKU reserves the right to reverse any credit issued to TIANWEI if, upon return, such Product is determined by an Independent Expert not to be defective. The conclusion of the Independent Expert shall be final, binding and non-appealable in respect of the conformity of the Products to the warranties set forth in Section 7.1 above. The fees and expenses of the Independent Expert shall be paid solely by the party that does not succeed in the dispute.
8.3. Products may be returned to HOKU within the later of (a) [*] days after discovery of a defect consistent with Sections 8.1 and 8.2 above; and (b) [*] days after HOKU completes its inspection and confirms the defect pursuant to Section 8.2 above, for replacement or a refund including all return shipment other direct expenses. To assure prompt handling, HOKU shall provide SOLARFUN TIANWEI a return goods authorization number within 48 hours of SOLARFUNTIANWEI’s request. Provided that HOKU communicates this number to SOLARFUN TIANWEI within such timeframe, SOLARFUN TIANWEI will reference this number on return shipping documents. Returns made without the authorization number provided by HOKU in accordance with the foregoing may be subject to HOKU’s reasonable charges due to HOKU’s additional handling costs. HOKU reserves the right to reverse any credit issued to SOLARFUN if, upon return, such Product is determined by a predetermined third party not to be defective.
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Samples: Supply Agreement (Tianwei New Energy Holdings Co., LTD)
Inspection and Return Goods Policy. 8.19.1. An inspection of appearance of each shipment of Product shall be made by SOLARFUN ALEX in accordance with sound business practice upon the delivery of the Product, and in no case later than [*] weeks after delivery at SOLARFUNALEX’s factory. SOLARFUN ALEX shall inform HOKU promptly, and in no case later than [*] weeks after delivery of ProductProduct at ALEX’s factory, in case of any obvious damages or other obvious defects to the Product which SOLARFUN ALEX discovers under the inspection of appearance.
8.29.2. SOLARFUN ALEX shall perform final inspection of the Product upon introducing the Product into SOLARFUNALEX’s production process. Such inspection shall take place during the Warranty Period. If the Product does not meet the Product Specifications, SOLARFUN ALEX shall notify HOKU in writing without undue delay after the inspection and, together with the notification, submit documentary evidence of the result of the final inspection whereupon HOKU shall have the right to undertake its own inspection prior to any return of the Products pursuant to Section 8.3 9.3 below.
8.39.3. Non-complying Products may be returned to HOKU within the later of (a) [*] after discovery of a defect consistent with Sections 8.1 9.1 and 8.2 9.2 above; and (b) [*] after HOKU completes its inspection and confirms the defect pursuant to Section 8.2 9.2 above, for replacement or a refund including all return shipment expenses. To assure prompt handling, HOKU shall provide SOLARFUN ALEX a return goods authorization number within 48 hours of SOLARFUNALEX’s request. Provided that HOKU communicates this number to SOLARFUN ALEX within such timeframe, SOLARFUN ALEX will reference this number on return shipping documents. Returns made without the authorization number provided by HOKU in accordance with the foregoing may be subject to HOKU’s reasonable charges due to HOKU’s additional handling costs, provided, however, if HOKU fails to provide ALEX such authorization number within such time frame without reasonable cause, HOKU shall bear all handling costs incurred in returning the non-complying products. HOKU reserves the right to reverse any credit issued to SOLARFUN ALEX if, upon return, such Product is determined by a predetermined third party an Independent Expert not to be defective. The conclusion of the Independent Expert shall be final, binding and non-appealable in respect of the conformity of the Products to the warranties set forth in Section 8.1 above. The fees and expenses of the Independent Expert shall be paid solely by the party that does not succeed in the dispute. ALEX Initials & Date /s/ JGL 2009.2.27 HOKU Initials & Date /s/ DS 2/26/09
9.4. The following shall be deemed to constitute a material breach of this agreement by HOKU pursuant to section 10.2.1: (A) if HOKU delivers [*] consecutive monthly shipments where more than [*] percent [*] of the Products in each shipment do not meet the Product Specifications, or (B) HOKU delivers [*] or more monthly shipments during any Year where [*] of the Products in each such shipment do not meet the Product Specifications.
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Inspection and Return Goods Policy. 8.1. 9.1 An inspection of appearance of each shipment of Product shall be made by SOLARFUN CUSTOMER in accordance with sound business practice upon the delivery of the Product, and in no case later than [*] four weeks after delivery at SOLARFUNCUSTOMER’s factory. SOLARFUN CUSTOMER shall inform HOKU promptly, and in no case later than [*] six weeks after delivery of Product, in case of any obvious damages or other obvious defects to the Product which SOLARFUN CUSTOMER discovers under the inspection of appearance.
8.2. SOLARFUN 9.2 CUSTOMER shall perform final inspection of the Product upon introducing the Product into SOLARFUNCUSTOMER’s production process. Such inspection shall take place during the Warranty Period. If the Product does not meet the Product Specifications, SOLARFUN CUSTOMER shall notify HOKU in writing without undue delay after the inspection and in any event prior to expiration of the Warranty Period, and, together with the notification, submit documentary evidence of the result of the final inspection whereupon inspection. HOKU shall then have the right to undertake its own inspection prior to any return of the Products pursuant to Section 8.3 9.3 below, and shall notify CUSTOMER in writing within 5 business days whether or not it chooses to do so.
8.3. 9.3 Products may be returned to HOKU by delivering them to a common carrier or freight forwarder within the later of (a) [*] 10 days after discovery HOKU notifies CUSTOMER in writing pursuant to Section 9.2 above that it chooses not to exercise its right to undertake its own inspection prior to return of a defect consistent with Sections 8.1 and 8.2 abovethe Products; and (b) [*] 10 days after HOKU completes its inspection pursuant to Section 9.2 above and confirms the defect pursuant by written notice to Section 8.2 aboveCUSTOMER, for replacement or a refund including all return shipment expenses. To assure prompt handling, HOKU shall provide SOLARFUN CUSTOMER a return goods authorization number within 48 hours of SOLARFUNCUSTOMER’s request. Provided that HOKU communicates this number to SOLARFUN CUSTOMER within such timeframe, SOLARFUN CUSTOMER will reference this number on return shipping documents. Returns made without the authorization number provided by HOKU in accordance with the foregoing may be subject to HOKU’s reasonable charges due to HOKU’s additional handling costs. If HOKU concludes following its inspection pursuant to Section 9.2 above that the Product meets the Product Specifications, CUSTOMER reserves the right to require that the Product be submitted to an Independent Expert; and if HOKU chooses not to exercise its right to complete its own inspection pursuant to Section 9.2, HOKU reserves the right to require that the Product be submitted to an Independent Expert. The conclusion of the Independent Expert shall be final, binding and non-appealable in respect of the conformity of the Products to the warranties set forth in Section 8.1 above. The fees and expenses of the Independent Expert shall be paid solely by the party that does not succeed in the dispute. HOKU reserves the right to reverse any credit issued to SOLARFUN ifCUSTOMER prior to the determination of the Independent Expert that the Products for which the credit was issued are not defective, upon return, such Product is determined and CUSTOMER reserves the right to return the Products to HOKU by delivering them to a predetermined third party not to be common carrier or freight forwarder within 10 days of the determination of the Independent Expert that the Products are defective.
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Samples: Supply Agreement (Hoku Corp)