Common use of Remedies for Non-Conforming Shipments Clause in Contracts

Remedies for Non-Conforming Shipments. Seller's sole obligation with respect to shipments determined to be non-conforming shall be, at its option, to replace the non-conforming Products (with shipment at Seller's expense) or to issue a credit to Purchaser in the amount of the price paid for such Products with interest calculated at the rate of twelve percent (12%) per annum from the date of payment to the date of credit. This paragraph states Seller's sole obligations with respect to non-conforming shipments. After acceptance of any shipment Purchaser's sole remedies for defects in such shipment shall be as provided in the warranty provisions of this Agreement.

Remedies for Non-Conforming Shipments. Seller's sole obligation with respect to shipments determined to be non-conforming shall be, at its option, to replace the non-conforming Products (with shipment at Seller's expense) or to issue a credit to Purchaser SC or SCOA, as the case may be, in the amount of the price paid for such Products with interest calculated at the rate of twelve percent (12%) per annum specified in Section 2.3 from the date of payment to the date of credit. This paragraph states Seller's sole obligations the exclusive remedy of Sumitomo and Purchaser with respect to non-conforming shipments. After acceptance of any shipment Purchaser's the sole remedies for defects in such shipment shall be as provided in the warranty provisions of this Agreement.