Common use of Rejection and replacement of Product Clause in Contracts

Rejection and replacement of Product. If Buyer discovers any violation of Supplier’s warranties, Buyer will promptly notify Supplier in writing upon such determination and Buyer will set aside such Product for inspection by Supplier for a reasonable time, before returning such Product or disposing of it as waste as Buyer reasonably deems necessary. All expenses involving return or destruction of non-conforming Product will be at the expense of Supplier unless the parties otherwise mutually agree; provided, however, that Buyer will use commercially reasonable efforts to mitigate damages and any proceeds of such mitigation will be for the account of Supplier. Supplier will replace without charge, or make a fair allowance for, any noncompliance with Supplier’s warranties reasonably demonstrated to have existed at the time of delivery.

Rejection and replacement of Product. If Buyer discovers any violation of Supplier’s warranties, Buyer will promptly notify Supplier in writing upon such determination and Buyer will set aside such Product for inspection by Supplier for a reasonable time, before returning such Product or disposing of it as waste as Buyer reasonably deems necessary. All expenses involving return or destruction of non-conforming Product will be at the expense of Supplier unless the parties otherwise mutually agree; providedprovided , howeverhowever , that Buyer will use commercially reasonable efforts to mitigate damages and any proceeds of such mitigation will be for the account of Supplier. Supplier will replace without charge, or make a fair allowance for, any noncompliance with Supplier’s warranties reasonably demonstrated to have existed at the time of delivery.