Return of Product. Borrowers agree if it is necessary to return the Collateral, it will be returned to the delivering Retailer (Retailer as named in the Borrower’s Loan Commitment). Any such returns will not reduce the obligations owing until a credit is received by Lender. 10.
Return of Product. Any materials delivered in poor condition, or in excess of the amount authorized by purchase order may, at the discretion of the Purchasing Entity, be returned by the Supplier at the Supplier's expense within 5 days. Credit for returned goods shall be made immediately once the Supplier receives the returned goods. If any product is returned to a Supplier for failure of performance, the Supplier will, at the State's discretion, refund all amounts paid to the Supplier for such product or replace the product, and the following shall apply:
4.11.1 Within five (5) days of written notification by the Purchasing Entity, the Supplier will make arrangements for the return of the product.
4.11.2 The Supplier shall bear all shipping and insurance costs.
4.11.3 Supplier shall be liable for damages to the product, unless caused by fault or negligence of the Purchasing Entity that occur during the return process.
Return of Product. A. In the event Buyer detects non-conforming Products prior to acceptance, a Non-Conforming Materials Report (NCMR) and/or a Corrective Action Request (CAR) shall be provided to Seller and Seller shall submit an initial response to such CAR within forty-eight (48) hours after receipt. Seller must provide a Return Materials Authorization (RMA) within forty-eight (48) hours after receipt of request for an RMA from Buyer.
B. Buyer may reject and return any defective Product to Seller at Seller's expense. Seller agrees to reimburse Buyer all reasonable and actual freight and handling costs associated with return of any defective Product. Seller will return conforming Products freight prepaid as per the following schedule to Buyer or issue appropriate credit no later than [*] Days, or as mutually agreed by both Parties, from the date Seller receives the defective Product: RMA Quantity Days ------------ ---- [*] [*] [*] [*] [*] [*] Any Product returned to Seller, which, after inspection and testing by Seller, is found to be free of defects shall be subject to a "No Defect Found Charge" as specified in Exhibit A. However, Seller will waive any NDF Charges on Products returned for repair, if returned Products result in an NDF rate not exceeding [*] of the monthly unit volume. For an NDF rate greater than [*] but not more than [*] the Parties will mutually agree upon allocation of the NDF Charge.
C. If pending the analysis of returned Products by Seller Buyer is in urgent need of Product, Buyer may issue a Purchase Order to replace the Products to which the CAR pertains. Seller will expedite such Purchase Order at Buyer's request and, if requested by Buyer, will ship the order by premium transport as specified by Buyer. All costs of expedited handling of such Purchase Order and any premium transport specified by Buyer shall be borne by Buyer, unless there is a defect that is the fault of the Seller, in which case it will be borne by Seller.
Return of Product. Upon termination of this Agreement the Institution will return to the Sponsor all non-disposable Product, devices and materials, as well as all copies of drawings, specifications, manuals and other printed or reproduced material (including information stored on machine-readable media) provided by the Sponsor to the Institution or the Principal Investigator. The Sponsor may, at the Sponsor's option, request that such Product, devices, and materials be destroyed
Return of Product. 4.2.10.1 Any materials delivered in poor condition, in excess of the amount authorized, at the discretion of the Authorized User, will be returned to the Supplier at Supplier’s expense within 30 days. Credit for returned goods shall be made immediately upon Suppliers receipt of the returned goods.
4.2.10.2 Any product which has been returned for failure of performance, the Supplier will, at the Authorized Users discretion, refund all amounts paid to the Supplier for product or replace the product.
4.2.10.2.1 Within twenty (20) days of written notification by Authorized User, Supplier should make arrangements for return of the product.
4.2.10.2.2 Supplier should bear all shipping and insurance costs.
4.2.10.2.3 Supplier should be liable for damages to the product, unless caused by fault or negligence of the Authorized User that occur during the return process.
4.2.10.3 Please describe your return policy in detail.
Return of Product. Xxxxxxxx agrees if it is necessary to return the Collateral, it will be returned to the Retailer. Any such returns will not reduce the obligations owing until a credit is received by Xxxxxx.
Return of Product. If a Product does not function properly in the manner in which it is used by Seagate, and if Seagate provided sufficient information to Supplier regarding Seagate’s intended use for the Product such that Supplier should have known that the Product would not function properly, then Seagate may return the Product to Supplier as non-conforming, even if the Product meets the Specifications.
Return of Product. Upon expiration or termination, Lessee, at its own risk and expense, shall have the Product packed for shipment in accordance with manufacturer's specifications and shall immediately return the Product to Lessor in the same condition as when delivered, ordinary wear and tear excepted, freight prepaid and insured, to Lessor's remarketing facility.
Return of Product. Within thirty (30) days of delivery of Products, ev3 may reject any of such Products which in its good faith determination fail to meet the applicable Product Specifications in all material respects or which do not meet the product warranties contained herein or which are in damaged condition by sending MTI notice of the lot numbers of rejected Products, together with a description of the specific reason for rejection. ev3 shall, within forty-five (45) days of delivery, return to MTI, at MTI’s expense, any such rejected Products, which may be replaced by MTI within thirty (30) days of receipt. ev3 shall not be required to pay MTI for any Products which have been properly rejected in accordance with this Section 5.1e. and which have not been replaced by MTI. Any Product not rejected by ev3 within the thirty (30) day period shall be deemed to have been accepted, provided that the warranties provided in Section 9 shall survive the acceptance of the Product by ev3. MTI shall perform a review of the Product returned by ev3 and shall use commercially reasonably efforts to implement necessary adjustments to the Product, if any are required, at the end of the next quarter.
Return of Product. (a) Company and Distributor shall make joint announcements to the trade concerning Distributor's appointment, which announcements will advise customers that there is no reason to return Product, Distributor shall not by its pricing or other activities seek to induce its customers to return Product. Company agrees to be responsible, in compliance with its currently prevailing returned goods policies, for all costs and expenses with respect to the return by Distributor's or Company's customers of Products shipped prior to the Effective Date. Distributor agrees to be responsible for all costs and expenses with respect to the return of Product shipped on or after the Effective Date.
(b) Distributor and Company shall track lot numbers for the purposes of identifying when Product was sold. For those lots for which both Distributor and Company have sold Product, returns shall be pro-rated between Distributor and Company based upon the quantity of such lot sold by each party, as determined by count of finished goods inventory at the Effective Date. Each party will issue the appropriate credit for returns to its customers and any net payment due to either party pursuant to this paragraph 14 will be made quarterly pursuant to paragraph 18.
(c) For purposes of this paragraph, Product will be deemed to have been "returned" when received by Company or Distributor at their respective warehouse facilities or returned goods agents, as applicable.
