Product Damage Clause Samples

The Product Damage clause defines the responsibilities and procedures related to products that are damaged during delivery, storage, or use. Typically, this clause outlines who bears the risk of loss or damage at various stages, such as whether the seller or buyer is responsible once the product leaves the seller’s facility or upon receipt by the buyer. It may also specify the process for reporting damage, timeframes for notification, and remedies such as repair, replacement, or refund. The core function of this clause is to allocate risk and clarify the steps to be taken in the event of product damage, thereby reducing disputes and ensuring both parties understand their obligations.
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Product Damage. Distributor shall notify the Company in writing within **** should any damage occur to Products while in the possession of Distributor by such occurrences as fire or flood. In order to preserve the quality and integrity of the Licensed Trademarks, before disposing of any such damaged Products, whether according to the terms of Distributor’s insurance policies or otherwise, all Licensed Trademarks must be removed from the packages and containers.
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Product Damage. A. Regardless of the points of origin, destination or location of the Services, Carrier shall pay Broker for Product Damage (as defined in Section 7(h)). Irrespective of any provisions in Carrier’s tariffs, service guides or similar publications, Carrier's liability for Product Damage will be determined solely by the terms of this Agreement. Any attempts to limit Carrier’s liability by tariff or other provisions incorporated by reference in a BOL or other shipping document or otherwise are void. Product Damage will be conclusively deemed to have been caused by the Carrier’s negligence if Products were tendered to the Carrier in good order and condition, and subsequently delivered by the Carrier with Product Damage. Carrier’s acceptance of Products for transportation will be deemed to occur at the time the Products, or any portion of the Products, are loaded into the Equipment. ▇▇▇▇▇▇▇’s acceptance of theProducts for transportation is ▇▇▇▇▇▇▇’s acknowledgement and agreement that the Products are in good quality and condition. B. Claims against Carrier for Product Damage will be governed by 49 C.F.R. Part 370 or any applicable successor regulations in effect on the date Carrier accepts the shipment, or as set out in the Exhibits attached to this Addendum. C. If Products suffer any Product Damage caused by a Carrier, Carrier shall pay Broker the result of: (i) the Product’s Full Value (as defined in Section 11(i)); minus (ii) any salvage that Shipper, in its reasonable discretion, obtains for the Products. Carrier shall pay Broker for Product Damage regardless of whether Carrier was able to recover for that Product Damage from any other third party. ▇. ▇▇▇▇▇▇▇ shall email a written acknowledgment of each claim for Product Damage to Broker no later than 30 days after ▇▇▇▇▇▇▇ receives that claim at the following email address: ▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ Carrier shall receive and administer all claims for Product Damage submitted by ▇▇▇▇▇▇. ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇ shall make good faith efforts to settle all claims for Product Damage no later than 30 days after ▇▇▇▇▇▇ receives ▇▇▇▇▇▇▇’s written acknowledgement, unless otherwise agreed to in writing by the parties. Carrier shall not make payment of any claim for Product Damage contingent upon reimbursement or a promise of reimbursement of the amount of the claim for Product Damage from any other involved person or entity. E. Under no circumstance shall Carrier: (i) sell or otherwise dispose of the Products for offset or otherw...
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Product Damage. Employees causing any damage must abide by the following procedure. If product damage occurs, the employee must remove the damaged product to the designated area, and the area where the damage occurred must be cleaned immediately. These incidents must be dealt with in accordance with the company’s Damage Goods Procedure and reported to the immediate supervisor or manager. If damages are not reported this may result in employee counselling or termination of employment on the grounds of misconduct
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Product Damage. Employees causing any damage must abide by the following procedure. If product damage occurs, the employee must remove the damaged product to the designated area, and the area where the damage occurred must be cleaned immediately. These incidents must be dealt with in accordance with the Company’s Damaged Goods Procedure and reported to the immediate Supervisor or Manager. If damages are not reported this may result in employee counselling or termination of employment on the grounds of misconduct. Plant, Property and Equipment – Employees must report all accidents or near misses they are involved in resulting in damage or near damage o buildings, forklifts, equipment and stock, to their Supervisor or Manager. Failure to report damages may result in employee counselling or termination of employment on the grounds of dismis ▇▇▇.
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Related to Product Damage

  • Loss or Damage The District and its agents and authorized representatives shall not in any way or manner be answerable or suffer loss, damage, expense, or liability for any loss or damage that may happen to the Work, or any part thereof, or in or about the same during its construction and before acceptance, and the Contractor shall assume all liabilities of every kind or nature arising from the Work, either by accident, negligence, theft, vandalism, or any cause whatsoever; and shall hold the District and its agents and authorized representatives harmless from all liability of every kind and nature arising from accident, negligence, or any cause whatsoever.

  • Major Damage In the event of Major Damage to a Property prior to the Closing Date, then the applicable Seller shall have no obligation to repair such Major Damage and shall notify Purchaser in writing of such damage or destruction (the “Damage Notice”). Within ten (10) days after Purchaser’s receipt of the Damage Notice, Purchaser may elect at its option to give a Termination Notice for the damaged Property to Seller’s Representative. If Purchaser does not elect to terminate this Agreement with respect to the damaged Property, this transaction shall be closed in accordance with the terms of this Agreement either, at the election of the applicable Seller, (a) for the full Purchase Price for the damaged Property notwithstanding any such damage or destruction, and Purchaser shall, at Closing, execute and deliver an assignment and assumption (in a form reasonably required by the applicable Seller) of such Seller’ rights and obligations with respect to the insurance claim and related to such casualty, and thereafter Purchaser shall receive all remaining insurance proceeds pertaining to such claim (plus a credit against the applicable Purchase Price at Closing in the amount of any deductible payable by the applicable Seller in connection therewith and not spent by such Seller for demolition, site cleaning, restoration or other repairs); or (b) Purchaser shall receive a credit against the Base Purchase Price for the damaged Property for the full replacement costs of repair to the subject Property, plus, to the extent covered by such Seller’s insurance policy, any costs required pursuant to local code or zoning requirements, as determined by an independent third party reasonably acceptable to such Seller and Purchaser. In the event a Seller elects to assign such Seller's rights and obligations with respect to the insurance claim and related casualty to Purchaser as provided above, and if an AIMCO employee is the adjuster for the claim related thereto, Sellers covenant and agree that the adjuster shall act in accordance with standard insurance industry protocols in processing such claim (including, without limitation, the time taken to process such claim).

  • Direct Damages A PARTY’S DAMAGES RESULTING FROM A BREACH OR VIOLATION OF ANY REPRESENTATION, WARRANTY, COVENANT, AGREEMENT OR CONDITION CONTAINED IN THIS AGREEMENT OR ANY ACT OR OMISSION ARISING FROM OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES AND SHALL NOT INCLUDE ANY OTHER LOSS OR DAMAGE, INCLUDING INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, PRODUCTION, OR REVENUES, AND EACH PARTY RELEASES THE OTHER PARTY FROM ALL SUCH CLAIMS FOR LOSS OR DAMAGE OTHER THAN ACTUAL DIRECT DAMAGES; PROVIDED THAT THIS LIMITATION TO DIRECT DAMAGES SHALL NOT LIMIT THE PARTIES’ INDEMNIFICATION OBLIGATIONS UNDER Section 3.5(c), Section 7.3, AND Article 15.

  • Minor Damage In the event that a Property is damaged or destroyed by fire or other casualty prior to the Closing, and the cost of Repairs is equal to or less than ten percent (10%) of the Purchase Price for such Property, then this transaction shall be closed in accordance with Section 11.3, notwithstanding such casualty. In such event, applicable Seller may at its election endeavor to make such Repairs to the extent of any recovery from insurance carried on the Property, if such Repairs can be reasonably effected before the Closing. Regardless of applicable Seller’s election to commence such Repairs, or applicable Seller’s ability to complete such Repairs prior to Closing, this transaction shall be closed in accordance with Section 11.3 below.

  • Property Damage Lessee shall obtain and maintain insurance coverage on all of Lessee's personal property, Trade Fixtures, and Lessee Owned Alterations and Utility Installations. Such insurance shall be full replacement cost coverage with a deductible of not to exceed $1,000 per occurrence. The proceeds from any such insurance shall be used by Lessee for the replacement of personal property, Trade Fixtures and Lessee Owned Alterations and Utility Installations. Lessee shall provide Lessor with written evidence that such insurance is in force.