Common use of Replacement of Damaged Goods Clause in Contracts

Replacement of Damaged Goods. If Seller discovers, upon examination pursuant to Paragraph 10 hereof, that any of the Products delivered to Buyer are spoiled, damaged or otherwise defective, Buyer shall have the right to require Seller to replace such defective Products, provided that at least five (5) percent (by price) of the total shipment of Products is spoiled, damaged or otherwise defective. If Buyer so elects to have such Products replaced, the shipment of any replacement products will be effected within seventy-two (72) hours (or three working days, if later). Seller shall, if requested by Buyer, cause such replacement Products to be delivered to Buyer, at Seller's expense, by the most rapid means of commercially feasible ground transportation available.

Replacement of Damaged Goods. If Seller discovers, upon examination pursuant to Paragraph 10 11 hereof, that any of the Products delivered to Buyer are spoiled, damaged or otherwise defective, Buyer shall have the right to require Seller to replace such defective Products, provided that at least five (5) percent (by price) of the total shipment of Products is spoiled, damaged or otherwise defective. If Buyer so elects to have such Products replaced, the shipment of any replacement products will have priority over shipments by Seller to other customers of Seller, and will be effected within seventy-two (72) hours (or three working days, if later). Seller shall, if requested by Buyer, cause such replacement Products to be delivered to Buyer, at Seller's expense, by the most rapid means of commercially feasible ground transportation available.

Replacement of Damaged Goods. If Seller discovers, upon examination pursuant to Paragraph 10 12 hereof, that any of the Products delivered to Buyer are spoiled, damaged or otherwise defective, Buyer shall have the right to require Seller to replace such defective Products, provided that at least five (5) percent (by price) of the total shipment of Products is spoiled, damaged or otherwise defective. If Buyer so elects to have such Products replaced, the shipment of any replacement products will have priority over shipments by Seller to other customers of Seller, and will be effected affected within seventy-two (72) hours (or three working days, if later). Seller shall, if requested by Buyer, cause such replacement Products to be delivered to Buyer, at Seller's expense, by the most rapid means of commercially feasible ground transportation available.