Non-Returnable Products Sample Clauses

Non-Returnable Products. IF SECARUS OR ITS DISTRUBUTORS DO NOT HAVE RETURN RIGHTS TO THE MANUFACTURER, THE PRODUCT IS NON-RETURNABLE. Additionally, end-of-life and Original Equipment Manufacturer (OEM) products cannot be returned.
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Non-Returnable Products. Return of Products that would have been subject to return under separate agreement or for Nonconforming Products, shall not be permitted to be returned for the following circumstances (each “Non-Returnable Products”). Non-Returnable Products will not be eligible for authorized return and Customer will neither receive credit nor be released from payment obligations in the event of an unauthorized return that is outside of the eligible return criteria set forth under separate agreement. For the avoidance of doubt, the following Products shall not be eligible for credit or replacement under the above, regardless of whether the Products otherwise satisfies the requirements in any of the sections previously specified: i. Products that are not in their original packaging or container and/or not bearing its original label due to causes reasonably beyond HTWC’s control; or lot numbers or expiration dates are missing; unless (a) a certification of return circumstances that would not require the return of physical Products (e.g., loss, damage, etc.) and proper disposal, if applicable, has been submitted and HTWC has approved and processed such certification or (b) Products are physically returned, but are damaged (at time of shipment by HTWC) making fulfillment of this requirement impossible; ii. Products involved in a fire, flood, natural disaster, due to causes reasonably beyond HTWC’s control; iii. Products that are in a deteriorated condition from improper storage due to causes reasonably beyond HTWC’s control; iv. Products that have been repackaged due to causes reasonably beyond HTWC’s control; v. Products purchased for research or clinical trials or shipped as a no cost item (e.g., physician sample, Products replaced through separate HTWC-approved Product replacement program, etc.); and/or vi. Products damaged or rendered unusable due to mishandling or error due to causes reasonably beyond HTWC’s control.
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Non-Returnable Products. Custom/modified products, upholstered replacement parts and custom vinyl orders are not returnable under any circumstances. • Clearance items and demonstration equipment purchases are not returnable.
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Non-Returnable Products.  Custom/modified products, upholstered replacement parts and custom vinyl orders are not returnable under any circumstances.  Clearance items and demonstration equipment purchases are not returnable. 1. All non-disputed invoices on open account are due and payable as provided herein unless and until SELLER notifies BUYER of a change in its credit policy. If in SELLER’s judgment, the creditworthiness or future performance of BUYER is impaired, SELLER may suspend performance under the Contract and/or require prepayment by Positive Electronic Funds payment (wire transfer, ACH, etc.,) prior to any shipment of product. Prorated payments shall be due for partial shipments. Promptness of payments at the times they respectively fall due is of the essence of this contract and any failure or substantial delay in making any such payment shall constitute a material breach of contract, entitling SELLER at its sole option to any or all remedies for breach. Overdue accounts shall be subject to a monthly late charge on the unpaid balance at the maximum legal rate. Legal and collection fees incurred by SELLER for collection of any past due invoice are the responsibility of the BUYER. 2. If in SELLER’s sole opinion, BUYER becomes insolvent, its credit becomes impaired or it is unable to pay its debts as they become due, or if BUYER makes an assignment for the benefit of creditors, or if a receiver is appointed for BUYER or its property, or if SELLER reserves the right to accelerate the due date for any payment by BUYER hereunder or under any other contract with SELLER and to enforce any rights made available to creditors under applicable law, including, without limitation, the right to retake possession of the goods or to stop goods in transit and demand payment before delivery. 3. Any shipment date specified herein is based on SELLER’s best estimate and will not operate to bind SELLER to ship or guarantee deliveries on such date. Unless otherwise agreed in writing SELLER reserves the right to make partial shipment. Claims for shortage in quantity or damage in shipment shall be deemed waived unless presented in writing to SELLER within FOUR (4) days after delivery. SALES TAX 1. SELLER (Winco Mfg., LLC) is required by law to collect and remit state sales tax on any products for all non-tax-exempt BUYERs for the Ship to address. However, BUYER is responsible for any use tax due to the state in which they reside. Proof of valid Tax exempt and resale certificates will be requ...
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Non-Returnable Products. All hose assemblies, hose cut to length, custom products, gaskets, kits, and customer modified parts and products are non-returnable / non- refundable.
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Related to Non-Returnable Products

  • Eligible Products For the purpose of this Campaign, any MICHELIN passenger car, SUV, or Commercial Light Truck tyre models are individually referred to as “Eligible Product”.

  • Combination Products If a LICENSED PRODUCT is sold to any third party in combination with other products, devices, components or materials that are capable of being sold separately and are not subject to royalties hereunder (“OTHER PRODUCTS,” with the combination of products being referred to as “COMBINATION PRODUCTS” and the Other Product and Licensed Product in such Combination Product being referred to as the “COMPONENTS”), the NET SALES of such LICENSED PRODUCT included in such COMBINATION PRODUCT shall be calculated by multiplying the NET SALES of the COMBINATION PRODUCT by the fraction A/(A+B), where A is the average NET SALES price of such LICENSED PRODUCT in the relevant country, as sold separately, and B is the total average NET SALES price of all OTHER PRODUCTS in the COMBINATION PRODUCT in the relevant country, as sold separately. If, in any country, any COMPONENT is not sold separately, NET SALES for royalty determination shall be determined by the formula [C / (C+D)], where C is the aggregate average fully absorbed cost of the Licensed Product components during the prior Royalty Period and D is the aggregate average fully absorbed cost of the other essential functional components during the prior Royalty Period, with such costs being determined in accordance with generally accepted accounting principles. To the extent that any SUBLICENSE INCOME relates to a COMBINATION PRODUCT or is otherwise calculated based on the value of one or more licenses or intellectual property rights held by the COMPANY, an AFFILIATE or SUBLICENSEE, COMPANY shall determine in good faith and report to THE PARTIES the share of such payments reasonably attributable to COMPANY’s or such AFFILIATE’s sublicense of the rights granted hereunder, based upon their relative importance and proprietary protection, which portion shall be the SUBLICENSE INCOME. THE PARTIES shall have the right to dispute such sharing determination in accordance with the dispute provisions of the AGREEMENT.

  • Other Products If you ask, we will provide you with information on any other home equity products we offer.

  • Payment for TIPS Sales TIPS Members may make payments for TIPS Sales directly to Vendor, Vendor’s Authorized Reseller, or as otherwise agreed to in the applicable Supplemental Agreement after receipt of the invoice and in compliance with applicable payment statutes. Regardless of how payment is issued or received for a TIPS Sale, Vendor is responsible for all reporting and TIPS Administration Fee payment requirements as stated herein.

  • Combination Product The term “

  • Other Products and Services As our customer, you have access to a suite of financial products and services availed by ourselves, our affiliates and strategic partners designed to help you address and achieve your financial needs and goals. You agree that you can obtain information about such Products and Services via our website xxx.xxxxxxxx.xxx.xx and you further agree that we can from time to time communicate information in relation to such Products or Services to you specifically or generally to all cardmembers via such communication mode as we consider appropriate.

  • Additional Products Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products.

  • Recipient Products Updated Project Schedule (if applicable) • Updated List of Match Funds (if applicable) • Updated List of Permits (if applicable) • Kick-off Meeting Agenda

  • Payment for Forest Products Delivered Purchaser agrees to pay the State for delivered forest products at the following rate: $0.00/MBF $250.00/MBF for incorrect species delivery* $20/mbf for Utility logs (Adjusted Gross). Purchaser agrees to increase the above delivered payment rate as approved by the State in the event the location of delivery is changed per the G-026.2 clause. Purchaser will not be billed for any delivered logs that are scaled as containing metal. *When two or more log sorts from this project are delivered to the same destination, the species contained in them are not eligible for the species price reduction. Forest Products delivered that do not meet the sorting specifications in G-022.2 are considered mis-sorts. Purchaser receiving mis-sort Forest Products is required to pay the State at the bid price under this contract. However, when mis-sorted Forest Products amount to more than 5% of the total delivered sort volume, Purchaser may request approval for payment reduction for delivered volume exceeding the mis-sort threshold. Requests for payment reduction must be submitted to the State in writing prior to contract expiration. Eligibility for mis-sort payment reduction is subject to State approval and shall be determined by the State’s delivered product analysis. Forest Products determined by the State eligible for mis-sort price reduction are not eligible for any other price adjustments. Payment reduction for Forest Products deemed mis-sorted will be calculated as follows: Payment Reduction = (B x M) x R M = Mis-sorted volume exceeding threshold excluding utility R = Reduction factor* 0.2 for diameter mis-sort 0.3 for high quality mis-sort *Logs eligible for payment reduction based on multiple reduction factors will be calculated at the higher payment reduction factor. Third-party scaling organization information is required to determine Xxxxxxxx mbf for payment reduction purposes. Value will be derived from the applicable sort value as described in this contract. Scale information for determining mis-sort payment reduction eligibility must be obtained from roll-out scale. Truck-ramp, sample scaling, and/or bundle scaling information is not acceptable for determining eligibility. Purchaser’s exclusive remedy for mis-sorts shall be the payment reduction described in this clause, notwithstanding other provisions in the Uniform Commercial Code Forest Products delivered that do not meet preferred log length specifications or multiples or combinations of preferred lengths and Forest Products delivered not meeting manufacturing standards as described in clause G-024.2 are considered mis- manufactured. Purchaser receiving mis-manufactured Forest Products is required to pay the State at the bid price under this contract. However, when mis-manufactured Forest Products amount to more than 8% of the total delivered sort volume, Purchaser may request approval for payment reduction for delivered volume exceeding the mis-manufacture threshold. Requests for payment reduction must be submitted to the State in writing prior to contract expiration. Eligibility for mis-manufacture payment reduction is subject to State approval and shall be determined by the State’s delivered product analysis. Forest Products determined by the State eligible for mis-manufacture price reductions are not eligible for any other price adjustments. Payment reduction for Forest Products deemed mis-manufactured will be calculated as follows: Payment Reduction = (B x M) x (0.2) Where: B = Bid rate from P-028.2 clause M = Mis-manufactured volume exceeding threshold excluding utility Third-party scaling organization information is required to determine Xxxxxxxx mbf for payment reduction purposes. Value will be derived from the applicable sort value as described in this contract. Scale information for determining mis-manufacture payment reduction eligibility must be obtained from roll-out scale. Truck-ramp, sample scaling, and/or bundle scaling information is not acceptable for determining eligibility. Purchaser’s exclusive remedy for mis-manufacture shall be the payment reduction described in this clause, notwithstanding other provisions in the Uniform Commercial Code.

  • Custom Products Effective upon creation of Custom Products, Contractor hereby conveys, assigns and transfers to Authorized User the sole and exclusive rights, title and interest in Custom Product(s), whether preliminary, final or otherwise, including all trademark and copyrights. Contractor hereby agrees to take all necessary and appropriate steps to ensure that the Custom Products are protected against unauthorized copying, reproduction and marketing by or through Contractor, its agents, employees, or Subcontractors. Nothing herein shall preclude the Contractor from otherwise using the related or underlying general knowledge, skills, ideas, concepts, techniques and experience developed under a Purchase Order, project definition or work order in the course of Contractor’s business. Authorized User may, by providing written notice thereof to the Contractor, elect in the alternative to take a non-exclusive perpetual license to Custom Products in lieu of Authorized User taking exclusive ownership and title to such Products. In such case, Licensee on behalf of all Authorized Users shall be granted a non-exclusive perpetual license to use, execute, reproduce, display, perform, adapt and distribute Custom Product as necessary to fully effect the general business purpose(s) as stated in paragraph (b)(i)(2), above.