RETURN OF NON-CONFORMING PRODUCTS Sample Clauses

RETURN OF NON-CONFORMING PRODUCTS. The Customer has the right to return defective or non-conforming products. The Client has 14 working days from the moment of detecting the non-conformity of the product to inform SKFK about the defect or non-conformity and proceed to the return of the product to SKFK. If the Customer returns the product because it is defective, SKFK will reimburse the value of the product and the shipping costs, within thirty (30) days of receiving by SKFK the product of the return. The foregoing is without prejudice to the rights that the Client holds as a consumer in accordance with the provisions of current mandatory regulations on consumer protection.
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RETURN OF NON-CONFORMING PRODUCTS. (a) If, after application by Impress of the inspection procedures set forth in the acceptance criteria and the sampling and acceptance plan set forth in Schedule 7.1 (collectively, the “AQL Plan”), any of the Products delivered to DLM fails, according to such AQL Plan, to meet the specifications therefor (i.e. the dimensions and other physical attributes of such Products) set forth in the Product Specifications Manual (as defined in Section 10.1(a) below) agreed upon by the parties, as modified from time to time (the “Specifications”), DLM shall be entitled to refuse to use those nonconforming Products and, upon notice of rejection to Impress, DLM shall be entitled to return the nonconforming Products to Impress, provided that such nonconformity is not the result of any negligent or willful act or omission by DLM. (b) Upon receipt of a notice of rejection, Impress shall use its best efforts to replace the nonconforming Products, including by purchasing replacement goods from third parties and delivering them to DLM. In comparing delivered volumes to Baseline Volumes pursuant to Section 4.5(d) for purposes of determining any Annual Volume Shortfall, such delivered volumes shall be deemed to include any volume that Impress does not so replace. In addition, Impress shall reimburse DLM for DLM’s reasonable, documented transportation and handling costs, if any, incurred in returning those Products to Impress. The parties agree to use commercially reasonable efforts to mitigate damages, costs and expenses. If Impress is unable to replace such nonconforming Products, DLM shall have the right to source them from a third party. (c) Title and risk of loss or damage to nonconforming Products shall pass to Impress upon receipt by Impress of a notice of rejection, and upon delivery of a notice of rejection DLM shall act in a commercially reasonable manner in storing and returning to Impress such nonconforming Products.
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RETURN OF NON-CONFORMING PRODUCTS. In OJO’s discretion, OJO may return the Non-Conforming Product to Kenmec and the following provisions shall apply: 11.1.2.1. At OJO’s option, OJO will (a) create a debit memo against which Kenmec will provide OJO with a credit for the purchase price of the Non-Conforming Product, (b) create an internal debit memo that will deduct the purchase price of the Non-Conforming Product from the next invoice payable to Kenmec, (c) create a replacement memo against which Kenmec will promptly provide OJO with a replacement Product, or (d) create a repair memo against which Kenmec will promptly provide OJO with a repaired Product. 11.1.2.2. Kenmec will be responsible for all freight and transportation charges and import and export costs associated with the return of Non-Conforming Products to Kenmec, and with the delivery of replacement or repaired Products to OJO; provided that, if any Product returned to Kenmec that was deemed by OJO to be a Non-Conforming Product for which Kenmec paid the applicable freight and transportation charges and import and export costs, but such Product was not a Non-Conforming Product, OJO shall reimburse Kenmec for the actual amount paid by Kenmec for the applicable freight and transportation charges and import and export costs related to returning the Product to Kenmec. Title and risk of loss or damage to the Non-Conforming Products will pass to Kenmec upon OJO’s tender of the Non-Conforming Products to the freight carrier. Unless mutually agreed upon by the Parties, if OJO returns the Non-Conforming Product to Kenmec, Kenmec is not permitted to re-sell the Non-Conforming Product to OJO or otherwise.
Sample 1
RETURN OF NON-CONFORMING PRODUCTS. When Seller or SSPL has provided replacement Products or given the Customer a full refund, the non-conforming Products or parts thereof shall become Seller’s property. Seller or SSPL may, at its sole discretion, request such non-conforming Products to be shipped back to Seller or SSPL at Customer’s cost.
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RETURN OF NON-CONFORMING PRODUCTS 
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Related to RETURN OF NON-CONFORMING PRODUCTS

  • Non-Conforming Product (a) In the event Patheon discovers a potential Non-Conforming Product prior to delivery of such Product to Flexion, Patheon shall provide written notice to Flexion as soon as practicable describing in detail the Non-Conforming Product and the potential cause of such Non-Conforming Product. Flexion (or its shipping carrier) will perform a customary inspection of the Products Manufactured by Patheon on receipt. For the avoidance of doubt, such inspection will be limited to a visual inspection of the shipment-ready packaged Products (and associated shipping documentation) and Flexion will not be obliged to perform any testing of the Product. Flexion shall within (i) […***…] days after delivery thereof by Patheon or (ii) within […***…] days after Flexion discovers or is informed of a discovery of nonconformity that could not reasonably have been detected by the customary inspection on delivery (but not after the expiration date of the Product), give Patheon notice of any Non-Conforming Product (including a sample of such Non-Conforming Product, if applicable) (a “Deficiency Notice”). Subject to Flexion’s rights under 3.10 and 3.12, should Flexion fail to give Patheon the Deficiency Notice within the applicable […***…] day period, then the delivery will be deemed to have been accepted by Flexion on the […***…] day after delivery or discovery, as applicable. Patheon shall have no liability under this Section 2.8 for Nonconforming Product for which it has not received a Deficiency Notice within such applicable […***…] day period. (b) Patheon shall conduct a root-cause analysis to verify whether a Product constitutes a Non-Conforming Product and, if found, to determine the cause of such Non-Conforming Product (including by undertaking an appropriate evaluation of a Non-Conforming Product sample, as applicable). Flexion shall provide reasonable cooperation to Patheon in connection with any such root-cause analysis. Patheon shall notify Flexion in writing of its determination regarding whether the Product constitutes a Non-Conforming Product within […***…] days after either discovery of the Non-Conforming Product or receipt of such Deficiency Notice from Flexion, as applicable. Such notification shall include Patheon’s good faith determination of the cause of the Non-Conforming Product.

  • Inspection and Rejection of Nonconforming Goods The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

  • Non-Conforming Measures 1. Articles 2, 3 and 6 shall not apply to: (a) any existing non-conforming measure that is Maintained by the following, as set out in the Schedule of each Contracting Party in Annex I: (i) the central government of a Contracting Party; or (ii) a prefecture of Japan or a province or a Municipality of the Republic of Mozambique; (b) any existing non-conforming measure that is maintained by a local government other than a prefecture and a province and a municipality referred to in subparagraph (a)(ii); (c) the continuation or prompt renewal of any nonconforming measure referred to in subparagraphs (a) and (b); or (d) an amendment or modification to any nonconforming measure referred to in subparagraphs (a) and (b), provided that the amendment or modification does not decrease the conformity of the measure as it existed immediately before the amendment or modification with Articles 2, 3 and 6. 2. Articles 2, 3 and 6 shall not apply to any measure that a Contracting Party adopts or maintains with respect to sectors, sub-sectors or activities set out in its Schedule in Annex II. 3. Neither Contracting Party shall, under any measure adopted after the date of entry into force of this Agreement and covered by its Schedule in Annex II, require an investor of the other Contracting Party, by reason of its nationality, to sell or otherwise dispose of an investment that exists at the time when the measure becomes effective. 4. In cases where a Contracting Party makes an amendment or a modification to any existing non-conforming measure set out in its Schedule in Annex I or where a Contracting Party adopts any new or more restrictive measure with respect to sectors, sub-sectors, or activities set out in its Schedule in Annex II after the date of entry into force of this Agreement, the Contracting Party shall, prior to the implementation of the amendment or modification or the new or more restrictive measure, or in exceptional circumstances, as soon as possible thereafter: (a) notify the other Contracting Party of detailed information on such amendment or modification, or such measure; and (b) hold, upon request by the other Contracting Party, consultations in good faith with the other Contracting Party with a view to achieving mutual satisfaction. 5. Each Contracting Party shall endeavour, where appropriate, to reduce or eliminate the non-conforming measures specified in its Schedules in Annexes I and II respectively. 6. Articles 2, 3 and 6 shall not apply to any measure covered by the exceptions to, or derogations from, obligations under Articles 3 and 4 of the TRIPS Agreement, as specifically provided in Articles 3 through 5 of the TRIPS Agreement. 7. Articles 2, 3 and 6 shall not apply to any measure that a Contracting Party adopts or maintains with respect to government procurement.

  • Penalties for non-conformity of production 9.1. The approval granted in respect of a vehicle type pursuant to this Regulation may be withdrawn if the requirements set forth above are not met. 9.2. If a Contracting Party to the Agreement applying this Regulation withdraws an approval it has previously granted, it shall forthwith so notify the other Contracting Parties applying this Regulation, by means of a communication form conforming to the model in Annex 1 to this Regulation.

  • Return of Material Upon the termination of the Executive's employment under this Agreement, the Executive will promptly return to the Company all copies of information protected by Paragraph 11(a) hereof which are in his possession, custody or control, whether prepared by him or others, and the Executive agrees that he shall not retain any of same.

  • ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

  • Return of Materials Upon termination or expiration of this Agreement, or upon written request of the Owner, the Recipient shall promptly return to the Owner all physical and digital materials representing the Owner's Confidential Information and all copies thereof. The Owner shall notify the Recipient immediately upon discovery of any loss or unauthorized disclosure of the Confidential Information.

  • Non-Conforming Communications Agent and Lenders may rely upon any notices purportedly given by or on behalf of any Borrower even if such notices were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Borrower shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any telephonic communication purportedly given by or on behalf of a Borrower.

  • Notice of Non-Compliant Work A Notice of Non-Compliant Work shall be in writing, shall be dated, shall be signed by the Design Professional, and shall be addressed to the Contractor with a copy to the Owner, as set forth in Section 3, Part 4 (Correcting the Work) and Section 6, Part 6 (Correcting the Work after Final Payment).

  • ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK 13.3.1 The State may accept defective or nonconforming Work pursuant to Paragraph 13.2.1

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