Common use of Non-Conformities Clause in Contracts

Non-Conformities. (A) If any of the Goods and/or Services fail to comply with any term of this Purchase Order, including: (i) fails to meet any Specifications or Quality Standards; (ii) shipped contrary to instructions; (iii) in excess of the quantities herein provided (except for quantities of Goods in excess of those ordered constituting customary quantity variations common to the trade or industry); (iv) substituted for Goods and/or Services herein described; (v) not shipped in containers conforming to Specifications (or, in the absence of such Specifications, in recognized standard containers); or (vi) allegedly violating any statute, ordinance, or administrative order, rule or regulation, then Buyer may, at its option, provide Vendor notice that Buyer elects to: (a) reject, return or hold such items at Vendor's expense and risk; Buyer may charge to Vendor all expenses of inspecting, unpacking, examining, repacking, storing, and reshipping any such items so rejected and any payment made by Buyer for such Goods and/or Services shall be refunded by Vendor; or (b) direct Vendor to promptly correct such non-conformity or replace such items at Vendor's expense following notice of such non-conformity from Buyer. (B) If Vendor fails to so correct or replace within five (5) days of such notice, Buyer may, in addition to its rights and remedies hereunder and at law and equity: (i) cancel or terminate this Purchase Order as to all such Goods and/or Services by giving Vendor notice, and Buyer may, at its option: (a) cancel or terminate the then remaining balance of this Purchase Order by notice and as to all or any part of the Goods and/or Services; or (b) purchase substitutes for such items elsewhere and charge Vendor with any loss incurred; or (ii) reject, return or hold such Goods and/or Services at Vendor's expense and risk; Buyer may charge to Vendor all expenses of inspecting, unpacking, examining, repacking, storing and reshipping any such items so rejected and any payment made by Buyer for such Goods and/or Services shall be refunded by Vendor. Goods and/or Services rejected or not purchased by Buyer under any provision of this Purchase Order which uses or carries Buyer's name, tradename, trademark, service mark, local, symbol, insignia, decorative design or evidence of inspection shall have the same removed prior to any sale, use or other disposition.

Non-Conformities. (A) If any of the Goods and/or Services fail to comply with any term of this Purchase Order, including: (i) fails to meet any Specifications or Quality Standards; (ii) shipped contrary to instructions; (iii) in excess of the quantities herein provided (except for quantities of Goods in excess of those ordered constituting customary quantity variations common to the trade or industry); (iv) substituted for Goods and/or Services herein described; (v) not shipped in containers conforming to Specifications (or, in the absence of such Specifications, in recognized standard containers); or (vi) allegedly violating any statute, ordinance, or administrative order, rule or regulation, then Buyer may, at its option, provide Vendor notice that Buyer elects to: : (a) reject, return or hold such items at Vendor's expense and risk; Buyer may charge to Vendor all expenses of inspecting, unpacking, examining, repacking, storing, and reshipping any such items so rejected and any payment made by Buyer for such Goods and/or Services shall be refunded by Vendor; or (b) direct Vendor to promptly correct such non-non- conformity or replace such items at Vendor's expense following notice of such non-conformity from Buyer. (B) If Vendor fails to so correct or replace within five (5) days of such notice, Buyer may, in addition to its rights and remedies hereunder and at law and equity: (i) cancel or terminate this Purchase Order as to all such Goods and/or Services by giving Vendor notice, and Buyer may, at its option: (a) cancel or terminate the then remaining balance of this Purchase Order by notice and as to all or any part of the Goods and/or Services; or (b) purchase substitutes for such items elsewhere and charge Vendor with any loss incurred; or (ii) reject, return or hold such Goods and/or Services at Vendor's expense and risk; Buyer may charge to Vendor all expenses of inspecting, unpacking, examining, repacking, storing and reshipping any such items so rejected and any payment made by Buyer for such Goods and/or Services shall be refunded by Vendor. Goods and/or Services rejected or not purchased by Buyer under any provision of this Purchase Order which uses or carries Buyer's name, tradename, trademark, service mark, local, symbol, insignia, Tom’s of Maine, Inc. (“Buyer”) decorative design or evidence of inspection shall have the same removed prior to any sale, use or other disposition.

Non-Conformities. (A) If any of the Goods and/or Services fail to comply with any term of this Purchase Order, including: (i) fails to meet any Specifications or Quality Standards; (ii) shipped contrary to instructions; (iii) in excess of the quantities herein provided (except for quantities of Goods in excess of those ordered constituting customary quantity variations common to the trade or industry); (iv) substituted for Goods and/or Services herein described; (v) not shipped in containers conforming to Specifications (or, in the absence of such Specifications, in recognized standard containers); or (vi) allegedly violating any statute, ordinance, or administrative order, rule or regulation, then Buyer may, at its option, provide Vendor notice that Buyer elects to: (a) reject, return or hold such items at Vendor's expense and risk; Buyer may charge to Vendor all expenses of inspecting, unpacking, examining, repacking, storing, and reshipping any such items so rejected and any payment made by Buyer for such Goods and/or Services shall be refunded by Vendor; or (b) direct Vendor to promptly correct such non-conformity or replace such items at Vendor's expense following notice of such non-conformity from Buyer. (B) If Vendor fails to so correct or replace within five (5) days of such notice, Buyer may, in addition to its rights and remedies hereunder and at law and equity: (i) cancel or terminate this Purchase Order as to all such Goods and/or Services by giving Vendor notice, and Buyer may, at its option: (a) cancel or terminate the then remaining balance of this Purchase Order by notice and as to all or any part of the Goods and/or Services; or (b) purchase substitutes for such items elsewhere and charge Vendor with any loss incurred; or (ii) reject, return or hold such Goods and/or Services at Vendor's expense and risk; Buyer may charge to Vendor all expenses of inspecting, unpacking, examining, repacking, storing and reshipping any such items so rejected and any payment made by Buyer for such Goods and/or Services shall be refunded by Vendor. Goods and/or Services rejected or not purchased by Buyer under any provision of this Purchase Order which uses or carries Buyer's name, tradename, trademark, service mark, local, symbol, insignia, decorative design or evidence of inspection shall have the same removed prior to any sale, use or other disposition.. Colgate-Palmolive, Co.

Non-Conformities. (A) If any of the Goods and/or Services fail to comply with any term of this Purchase Order, including: (i) fails to meet any Specifications or Quality Standards; (ii) shipped contrary to instructions; (iii) in excess of the quantities herein provided (except for quantities of Goods in excess of those ordered constituting customary quantity variations common to the trade or industry); (iv) substituted for Goods and/or Services herein described; (v) not shipped in containers conforming to Specifications (or, in the absence of such Specifications, in recognized standard containers); or (vi) allegedly violating any statute, ordinance, or administrative order, rule or regulation, then Buyer may, at its option, provide Vendor notice that Buyer elects to: : (a) reject, return or hold such items at Vendor's expense and risk; Buyer may charge to Vendor all expenses of inspecting, unpacking, examining, repacking, storing, and reshipping any such items so rejected and any payment made by Buyer for such Goods and/or Services shall be refunded by Vendor; or (b) direct Vendor to promptly correct such non-non- conformity or replace such items at Vendor's expense following notice of such non-conformity from Buyer. (B) If Vendor fails to so correct or replace within five (5) days of such notice, Buyer may, in addition to its rights and remedies hereunder and at law and equity: (i) cancel or terminate this Purchase Order as to all such Goods and/or Services by giving Vendor notice, and Buyer may, at its option: (a) cancel or terminate the then remaining balance of this Purchase Order by notice and as to all or any part of the Goods and/or Services; or (b) purchase substitutes for such items elsewhere and charge Vendor with any loss incurred; or (ii) reject, return or hold such Goods and/or Services at Vendor's expense and risk; Buyer may charge to Vendor all expenses of inspecting, unpacking, examining, repacking, storing and reshipping any such items so rejected and any payment made by Buyer for such Goods and/or Services shall be refunded by Vendor. Tom’s Of Maine Inc. Goods and/or Services rejected or not purchased by Buyer under any provision of this Purchase Order which uses or carries Buyer's name, tradename, trademark, service mark, local, symbol, insignia, decorative design or evidence of inspection shall have the same removed prior to any sale, use or other disposition.

Non-Conformities. (A) A. If any of the Goods and/or Services fail to comply with any term of this Purchase Order, including: (i) fails the Goods and/or Services fail to meet any Specifications or Quality Standards; (ii) Goods are shipped contrary to instructions; (iii) Goods are shipped in excess of the quantities herein provided (except for quantities of Goods in excess of those ordered constituting customary quantity variations common to the trade or industry); (iv) goods and/or services are substituted for the Goods and/or Services herein described; (v) Goods are not shipped in containers conforming to Specifications (or, in the absence of such Specifications, in recognized standard containers); or (vi) the Goods and/or Services allegedly violating violate any statute, ordinance, or administrative order, rule or regulationApplicable Laws, then Buyer may, at its option, provide Vendor Seller with notice that Buyer elects to: : (a) rejectreject and return such items, return or hold such items items, at Vendor's Seller’s expense and risk; or (b) direct Seller to promptly correct such non-conformity or replace such items at Seller’s expense following notice of such non-conformity from Buyer. Buyer may charge to Vendor Seller all expenses of inspecting, unpacking, examining, repacking, storing, and reshipping any such rejected items so rejected and any payment made by Buyer for such rejected Goods and/or Services shall be refunded by Vendor; or (b) direct Vendor Seller. B. If Buyer directs Seller to promptly correct such non-conformity or replace such items at Vendor's expense following notice of such non-conformity from Buyer. (B) If Vendor items, and Seller fails to so correct or replace within five (5) days of such Buyer's notice, then Buyer may, in addition to its rights and remedies hereunder and those available at law and equity: (i) cancel or terminate this Purchase Order as to all such Goods and/or Services by giving Vendor Seller notice, and Buyer may, at its option: (a) cancel or terminate the then remaining balance of this Purchase Order by notice and as to all or any part of the Goods and/or Services; or (bii) purchase substitutes for such items elsewhere and charge Vendor Seller with any loss incurred; or (iiiii) rejectreject and return such corrected or replacement items, return or hold such Goods and/or Services items, at Vendor's Seller’s expense and risk; Buyer . In addition, Xxxxx may charge to Vendor Seller all expenses of inspecting, unpacking, examining, repacking, storing and reshipping any such corrected or replacement items so rejected and any payment made by Buyer for such Goods and/or Services shall be refunded by VendorSeller. Goods and/or Services which use or carry Buyer's name, trade name, trademark, service mark, symbol, insignia or other indicia of source, any decorative design or evidence of inspection and which are rejected or not purchased by Buyer under any provision of this Purchase Order which uses or carries Buyer's name, tradename, trademark, service mark, local, symbol, insignia, decorative design or evidence of inspection shall have the same removed prior to any sale, use or other disposition.