Common use of Return of Product Clause in Contracts

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.

Appears in 3 contracts

Samples: Supply Agreement (Palm Inc), Supply Agreement (Palm Inc), Supply Agreement (Manufacturers Services LTD)

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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 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 Ouantity 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 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.

Appears in 2 contracts

Samples: Supply Agreement (Manufacturers Services LTD), Supply Agreement (Manufacturers Services LTD)

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