Common use of Making Claims Clause in Contracts

Making Claims. Any claim for shortage, or damage in transit, must be made to INEOS in writing within 3 days of receipt of the Products. Any claim for non-conformity to specification must: (a) be made without delay after Customer become aware of the non-conformity but no later than 40 days from delivery of the Products; and (b) in respect of Products which have been processed, be supported by reasonable evidence that the defect was not ascertainable before processing. Only differences in net weight or volume against invoiced quantity in excess of 0.5% per bag or bulk delivery, or 1% per drum, may be subject to quantity claims. Any claims not made as specified in this clause will not be valid. On acceptance of a Customers claim INEOS at its option will either: (a) replace such Products free of charge; or (b) refund the price of such Products; or (c) agree a reduced fee for such Products and this shall be the sole and exclusive remedy of the Customer in respect of such non-conformance with the Specification and in lieu of all rights and remedies the Customer may have. INEOS's obligation under this clause will not apply where Products have been co-mingled or processed or incorrectly stored.

Making Claims. Any claim for shortage, or damage in transit, must be made to INEOS in writing within 3 days of receipt of the Products. Any claim for non-conformity to specification must: : (a) be made without delay after Customer become aware of the non-conformity but no later than 40 days from delivery of the Products; and (b) in respect of Products which have been processed, be supported by reasonable evidence that the defect was not ascertainable before processing. Only differences in net weight or volume against invoiced quantity in excess of 0.5% per bag or bulk delivery, or 1% per drum, may be subject to quantity claims. Any claims not made as specified in this clause will not be valid. On acceptance of a Customers claim INEOS at its option will either: (a) replace such Products free of charge; or (b) refund the price of such Products; or (c) agree a reduced fee for such Products and this shall be the sole and exclusive remedy of the Customer in respect of such non-conformance with the Specification and in lieu of all rights and remedies the Customer may have. INEOS's obligation under this clause will not apply where Products have been co-mingled or processed or incorrectly stored.

Making Claims. Any claim for shortage, or damage in transit, must be made to INEOS Seller in writing within 3 three (3) days of receipt of the Products. Any claim for non-non- conformity to specification must: (a) be made without delay after Customer Buyer become aware of the non-conformity but no later than 40 thirty (30) days from delivery of the Products; and and (b) in respect of Products which have been processed, be supported by reasonable evidence that the defect was not ascertainable before processing. Only differences in net weight or volume against invoiced quantity in excess of 0.5% per bag or bulk delivery, or 1% per drum, may be subject to quantity claims. Any claims not made as specified in this clause will not be valid. On acceptance of a Customers Buyers claim INEOS Seller at its option will either: (a) replace such Products free of charge; or (b) refund the price of such Products; or (c) agree a reduced fee for such Products and this shall be the sole and exclusive remedy of the Customer Buyer in respect of such non-conformance with the Specification and in lieu of all rights and remedies the Customer Buyer may have. INEOS's Seller’s obligation under this clause will not apply where Products have been co-mingled or processed or incorrectly stored.