Common use of RETURN GOODS POLICY Clause in Contracts

RETURN GOODS POLICY. Rockwell hereby represents and warrants to DaVita that attached hereto as Exhibit D is a true, correct, and complete copy of Rockwell’s “Return Goods Policy” (the “Return Goods Policy”). Notwithstanding anything to the contrary set forth in the Return Goods Policy, DaVita or a DaVita Facility, as applicable, reserves the right to inspect all Products and to reject any or all of the Products which are, in DaVita’s or a DaVita Facility’s, as applicable, reasonable discretion, incorrectly shipped by Rockwell, defective, damaged, contaminated, or otherwise not in compliance with the warranties granted or assigned hereunder. Any return pursuant to this Section 4.3 by DaVita or any DaVita Facility, as applicable, shall be sent back to Rockwell [* *]. Upon the return of any Product by DaVita or any DaVita Facility, as applicable, to Rockwell pursuant to this Section 4.3, [* *]. DaVita and each DaVita Facility shall also have the right to return any Product pursuant to the terms and conditions set forth in the Return Goods Policy which do not conflict with this Section 4.3. Rockwell shall provide DaVita with at least thirty (30) days prior written notice of any changes to the Return Goods Policy.

Appears in 1 contract

Samples: Products Purchase Agreement (Rockwell Medical, Inc.)

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RETURN GOODS POLICY. Rockwell hereby represents and warrants to DaVita that attached hereto as Exhibit D is a true, correct, correct and complete copy of Rockwell’s “Return Goods Policy” (the “Return Goods Policy”). Notwithstanding anything to the contrary set forth in the Return Goods Policy, DaVita or a DaVita Facility, as applicable, reserves the right to inspect all Products and to reject any or all of the Products which are, in DaVita’s or a DaVita Facility’s, as applicable, reasonable sole and absolute discretion, incorrectly shipped by Rockwellshipped, defective, damaged, contaminated, contaminated or otherwise not in compliance with the warranties granted or assigned hereunder. Any return pursuant to this Section 4.3 by DaVita or and/or any DaVita Facility, as applicable, Facility shall be sent back to Rockwell [* *]. Upon the return of any Product by DaVita or any DaVita Facility, as applicable, to Rockwell pursuant to this Section 4.3Rockwell, [* *]. DaVita and each or any DaVita Facility shall also have the right to return any Product of the Products pursuant to the terms and conditions set forth in the Return Goods Policy which that do not conflict with this Section 4.3. Rockwell shall provide DaVita with at least thirty (30) days prior written notice of any changes to the Return Goods Policy.

Appears in 1 contract

Samples: Products Purchase Agreement (Rockwell Medical Technologies Inc)

RETURN GOODS POLICY. Rockwell hereby represents and warrants to DaVita that attached hereto as Exhibit D is a true, correct, correct and complete copy of Rockwell’s “Return Goods Policy” (the “Return Goods Policy”). Notwithstanding anything to the contrary set forth in the Return Goods Policy, DaVita or a DaVita Facility, as applicable, reserves the right to inspect all Products and to reject any or all of the Products which are, in DaVita’s or a DaVita Facility’s, as applicable, reasonable sole and absolute discretion, incorrectly shipped by Rockwellshipped, defective, damaged, contaminated, contaminated or otherwise not in compliance with the warranties granted or assigned hereunder. Any return pursuant to this Section 4.3 by [* *] DaVita or any DaVita Facility, as applicable, shall be sent back to Rockwell [* *]. Upon the return of any Product by DaVita or any DaVita Facility, as applicable, to Rockwell pursuant to this Section 4.3, [* *]. DaVita and each DaVita Facility shall also have the right to return any Product of the Products pursuant to the terms and conditions set forth in the Return Goods Policy which that do not conflict with this Section 4.3. Rockwell shall provide DaVita with at least thirty (30) days prior written notice of any changes to the Return Goods Policy.

Appears in 1 contract

Samples: Products Purchase Agreement (Rockwell Medical Technologies Inc)

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RETURN GOODS POLICY. Rockwell hereby represents and warrants to DaVita that attached hereto as Exhibit D is a true, correct, and complete copy of Rockwell’s “Return Goods Policy” (the “Return Goods Policy”). Notwithstanding anything to the contrary set forth in the Return Goods Policy, DaVita or a DaVita Facility, as applicable, reserves the right to inspect all Products and to reject any or all of the Products which are, in DaVita’s or a DaVita Facility’s, as applicable, reasonable discretion, incorrectly shipped by Rockwell, defective, damaged, contaminated, or otherwise not in compliance with the warranties granted or assigned hereunder. Any return pursuant to this Section 4.3 by DaVita or any DaVita Facility, as applicable, shall be sent back to Rockwell Rockwell, [* ***]. Upon the return of any Product by DaVita or any DaVita Facility, as applicable, to Rockwell pursuant to this Section 4.3, [* ***]. DaVita and each DaVita Facility shall also have the right to return any Product pursuant to the terms and conditions set forth in the Return Goods Policy which do not conflict with this Section 4.3. Rockwell shall provide DaVita with at least thirty (30) days prior written notice of any changes to the Return Goods Policy.

Appears in 1 contract

Samples: Products Purchase Agreement (Rockwell Medical, Inc.)

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