Product Returns. Client will have the responsibility for handling customer returns of the Products. Patheon will give Client any assistance that Client may reasonably require to handle the returns.
Product Returns. (i) From the Effective Date through and including December 31, 2008 ("Seller Return Period"), Seller shall process and be financially responsible for all returns of Product that is labeled with Seller NDC numbers; provided, however that Seller will not be financially responsible for any returns of Product during the Seller Return Period that are due to incorrect shipments of such Product by Purchaser or damaged shipments of such Product by Purchaser, but rather Purchaser will reimburse Seller for all such amounts paid in connection with such Product returns. Purchaser shall process and be financially responsible for all returns of Product labeled with Purchaser NDC numbers irrespective of return period, and for all returns of Product labeled with Seller NDC numbers on or after January 1, 2009. For all Product that is returned to Seller but is the financial responsibility of the Purchaser, Seller will destroy, or cause to be destroyed, all such Product and on the tenth (10th) Business Day of each month, provide to Purchaser a reporting of such Product returns, including documentation sufficient to determine any appropriate customer reimbursement or credit. Purchaser will then process the return according to Purchaser's then-current returned goods policy. To the extent that a Party processes, issues credits or remits payment for returns in respect of Product for which the other Party is financially responsible under this subsection, the other Party shall reimburse such processing or paying Party within thirty (30) days of receipt of invoices that describe the requested payments in reasonable detail, other than amounts that are the subject of bona fide disputes. Returned Product shall not be transferred between the Parties, but instead shall be destroyed by the receiving Party. Each Party shall destroy, or cause to be destroyed, all such returned Product in a manner consistent with applicable Law, and the costs of such destruction shall not be reimbursed.
(ii) Neither Party shall instruct, recommend or attempt to induce customers who have previously purchased Product from it to (A) return such Product when that would not otherwise have been the case but for such Party's instructions, recommendations or inducement or (B) delay the return of such Product. For the avoidance of doubt, Purchaser's shipment units of Product to customers in the ordinary course will not be deemed to violate this Section 8.4(b).
Product Returns. Schedule 4.25 contains a true and complete description of the product return experience of the Company for the immediately preceding twelve (12) months. The Company has not experienced any product returns which have had or may have a Material Adverse Effect.
Product Returns. Unopened software can be returned with no restocking fee up to 30 days from date of receipt, if allowed by the software publisher. If the software publisher has a shorter timeframe for returns or requires a restocking fee, this must be stated on the quote. If that information is not provided to the Participating State by the Reseller, Reseller is responsible for the restocking fee. If delivered software is defective, or if the incorrect product was delivered, the Reseller must agree to accept returns. If delivered software is defective, the Reseller is responsible for return shipping and packaging costs and for restocking charges if applicable. The Reseller must agree that any defective or incorrectly delivered media will be replaced by overnight delivery at the Reseller’s expense if requested by the Participating State or Purchasing Entity. If overnight delivery is not requested, all replacement products must be received by the Participating State or Purchasing Entity within seven (7) days of initial notification.
Product Returns. In the event that any amounts due to Buyer in respect of sales of Product by or on behalf of Buyer after the Effective Date are reduced, offset, credited or otherwise decreased as a result of or in respect of any Product (with an expiration date of not less than twelve (12) months) or Buyer receives a request for replacement or refund of Product (with an expiration date of not less than twelve (12) months) (collectively, “Replacement Goods”), Buyer shall within five (5) Business Days notify Parent of such Replacement Goods. The Parties shall determine Parent’s obligations under Section 7.5 of the Asset Purchase Agreement with reference to lot numbers, it being agreed that Parent shall be responsible for those lots which Parent fully sold through the Closing Date and with respect to any lots that are split between Buyer and Parent, Parent shall be responsible in proportion to that percentage of the lot sold by Parent through the Closing Date. Based on the foregoing, for Replacement Goods that are Parent’s obligations pursuant to such Section 7.5 of the Asset Purchase Agreement, Seller or its designee shall, at Buyer’s request, replace such Replacement Goods with Product equivalent to the dosage and formulation of such Replacement Goods pursuant to the terms and conditions of this Agreement until the earlier to occur of (i) thirty-six (36) months from the Effective Date or (ii) the issuance by Seller of two million (2,000,000) tablets as replacement Product. Thereafter, Parent has no liability or obligation to Buyer for any Replacement Goods. For any and all Replacement Goods replaced pursuant to this Section 2.2(g), Buyer shall submit to Seller a deduction ticket documenting the date, type and quantity of Replacement Goods and certifying that such replaced Product (with an expiration date of not less than twelve (12) months) have been destroyed in a manner consistent with applicable Law, rule and regulation. Seller shall credit such Replacement Goods replaced pursuant to this Section 2.2(g) against Buyer’s future Purchase Orders.
Product Returns. Prior to the return of any Product to Siemens, Buyer must identify the Product or portion thereof and obtain written authorization and shipping instructions from Siemens. Siemens has the right, in its sole discretion, to permit or reject any such return. Siemens’ authorization to return any Product to Siemens does not relieve Buyer of its obligation to pay for such Product. Upon receipt, inspection, and acceptance of the Product by Siemens, Siemens will issue a credit memo to Buyer, less applicable re-stocking fees. Siemens reserves the right to reject any hazardous material.
Product Returns. Prior to returning any Product to MTS, whether under warranty or otherwise, Customer must obtain a return authorization from MTS or the shipment may be refused. Shipping charges for returning any Product to MTS are the responsibility of Customer. If not covered by warranty, subsequent costs for inspection, shipping, expediting and placing returned Product into working condition will be charged to the Customer. Customer shall issue a purchase order to cover such non-warranty work. Products returned under warranty and found to be in good working order will be subject to charges for inspection, testing and return shipping costs. MTS will cover in-warranty repairs including outbound shipping charges via transportation of its choosing.
Product Returns. Products returned due to Authorized User error, quality problems, duplicate shipments, outdated product, incorrect item shipped, or Contractor errors otherwise not specified shall be replaced with specified products or the Authorized User shall be credited/refunded for the full purchase price. There shall be no restocking fee if returned products are resalable. Product returns shall be replaced within three (3) Business Days of notification to the Contractor. Delivery terms for a replacement product shall be the same as those set forth § 2.21, Delivery. Returned items shall be picked up by the Contractor in accordance with Appendix B, § 51 Rejected Product.
Product Returns. Unless otherwise agreed by the parties in writing, Deliverables that are correctly furnished by Company per the purchase order may not be returned unless Customer receives written authorization from Company. If returns are authorized by Company, a return merchandise authorization (“RMA”) number must be provided by Company. Deliverables identified under such RMA must be returned to Company within 90 days of issuance of the RMA. Such RMA number and any accompanying RMA documents, the original invoice number, and a written explanation for the return must be included with the returned Deliverables in order for Company to inspect and approve a credit for the return. For warranty returns, a credit in the amount of the original purchase price will only be issued if, after Company’s receipt and inspection of the returned Deliverables, Company confirms, in its sole discretion, the defect is valid and approves the return. For non-warranty returns,
(a) in the event Company approves such a return, a credit will be made to Customer’s account in the amount of the original purchase price less freight and a handling charge of 25% of the net material on the original invoice for stocked product and 50% of the net material on the original invoice for non-stocked product; and (b) Only Deliverables that are new, current, standard, non- obsolete, non-specially manufactured, unused, in their original condition as at the time of sale by Company to Customer, in their original packaging and in Customer’s inventory less than 180 days from the date of shipment by the Company may be considered by Company for return. Such credit will only be issued if, after Company’s receipt and inspection of Deliverables, Company approves the return. The amount of final credit will be determined upon receipt at the factory and following Company’s inspection and analysis of the condition of the returned material. Company retains the right to deny credit to anyone for any reason.
Product Returns. All Product returns shall be processed and handled by Cardinal Health in accordance with the Operating Guidelines; and any customization or additional non-routine return services requested by Client shall be performed at an additional fee as agreed in advance and in writing by the Parties.
