Non-Conforming Parts. Non-conforming parts identified by the Supplier during production must be segregated and investigated. If rework is required, it should be performed with the same or tightened inspection parameters. If the Supplier feels the non-conformance does not affect the functionality of the piece, they may request a deviation for the specific features found out of tolerance. The request must indicate the scope and time period of the deviation. A copy of the approved deviation must accompany the parts to Thorlabs. Non-conforming parts identified after receipt by Xxxxxxxx will be returned to the Supplier for credit. There shall be a recall process in place to facilitate the return of defective parts. Thorlabs also reserves the right to sort and/or rework a sufficient volume of the delivered product. In such cases, the Supplier may be held responsible for costs of materials and labor incurred to perform such sorting or rework. The Supplier shall investigate the defect to determine the root cause of the failure. In some cases, Corrective/Preventive Actions shall be defined by the Supplier to prevent recurrence.
Non-Conforming Parts. Lessee shall be entitled, so long as no Event of Default shall have occurred and be continuing, to replace or permit the replacement of any Part with a part that does not satisfy the requirements of Sections 11.2 and 11.3 (a “Non-conforming Part”) provided that (i) there shall not have been available to Lessee, at the time and in the place that such part was required to be installed on the Aircraft or any Engine, a part complying with the requirements of Sections 11.2 and 11.3 (a “Qualifying Part”), (ii) it would have resulted in an unreasonable disruption of the operation of the Aircraft to have grounded the Aircraft until such time as a Qualifying Part became available for installation on the Aircraft, (iii) as soon as reasonably practicable after installation of such Non-conforming Part on the Aircraft (and in any event no later than the next occasion on which the Aircraft is scheduled for a C-Check or higher check pursuant to the Maintenance Program) Lessee shall remove or procure the removal of such Nonconforming Part and replace or procure the replacement of it with a Qualifying Part and (iv) title to the Part which has been replaced, substituted or renewed shall (if previously vested in Lessor) remain with Lessor free from all Liens (other than Permitted Liens) until the Qualifying Part which replaced it becomes the property of Lessor.
Non-Conforming Parts. If the Purchaser determines there is a non-conformance or defect with the Product, Purchaser may send a request for return to BERINGER providing the Product serial number or lot number, the reference of the Product, the invoice number corresponding to the purchase of the Product and a detailed report of the problem. If BERINGER determines that the Product needs to be returned, BERINGER will issue a “Return Merchandise Authorization” or “RMA” to the Purchaser before the return of the Product. NO PRODUCTS WILL BE ACCEPTED FOR RETURN WITHOUT A BERINGER-ISSUED RMA. After BERINGER has inspected the returned Product, BERINGER will decide whether there is (1) a non-conformance with the Product; or whether (2) the damage was caused by the Purchaser’s use or installation of the Product. As a result of this determination, BERINGER will offer to the Purchaser of (1) full replacement of the Product under warranty if found defective; and if (2) rework or repair of the Product with all cost of parts, labor, or replacement of the Product at the Purchaser’s sole cost and expense, if found to be caused by Purchaser’s use or installation. The shipping costs for returning items are the responsibility of the Purchaser. BERINGER (1) shall bear the cost of delivery for the return of parts deemed defective at delivery, and if ( 2) the damage is caused by Purchaser’s use or installation, BERINGER does not assume responsibility for delivery charges for the return of parts.
Non-Conforming Parts. “Non- Conforming Products” are Goods which are determined by Autocar prior to delivery of the finished product to the end user to be not in compliance with the Warranty (as defined elsewhere in these Terms), Autocar’s specifications or any applicable local, state or federal law or regulation. Autocar may, at its option, without limitation or exclusion of any other right or remedy, either (a) return the Non- Conforming Products for a full refund and reimbursement of shipping costs, or (b) provide notice of the Non-Conforming Products to Supplier, in which case, Supplier will, at Autocar’s option, either (i) pay to Autocar a labor allowance to repair or replace the Non-Conforming Products at Autocar’s standardized labor rate (based on the regional rate of the service center or the applicable third-party rate), plus all incidental costs incurred by Autocar, including freight for return to and redelivery from Supplier, or (ii) promptly repair or replace the Non-Conforming Products at Supplier’s cost and expense, including freight for return to and redelivery from Supplier. Autocar may, in its sole discretion, invoice Supplier for the amounts authorized above, which invoice will be paid by Supplier within ten days of receipt, or Autocar may offset such amounts against any amounts due from Autocar to Supplier. Supplier will comply with the return procedure and other obligations for Non- Conforming Products set forth in Autocar’s Quality Manual. Autocar may apply a charge- back pursuant to Section 5 in the event of Supplier’s breach of these Terms.
