Returned or Rejected Goods Sample Clauses

Returned or Rejected Goods. After the occurrence and during the continuance of an Event of Default or upon receipt of any returned or rejected non-retail goods in an amount in excess of Five Hundred Thousand Dollars ($500,000.00) the Borrower shall immediately issue and deliver a copy of a credit memo to the Bank with respect thereto. Or, at the Bank's election, the Borrower shall set aside such goods, mark xxxm in the Bank's name and hold them in trust for the Bank at the Borrower's expense, and, upon request, shall pay the Bank the sales price thereof. If the Bank shall request the Borrower to pay the sales price of such goods and the Borrower fails to forthwith pay the sales price to the Bank, the Bank may take possession of such goods and sell or cause the goods to be sold, at public or private sale, at such prices, to such purchasers and upon such terms as the Bank deems advisable. The Borrower shall remain liable to the Bank for any deficiency and shall pay the costs and expenses of such sale, including reasonable attorneys' fees.
Sample 1
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Returned or Rejected Goods. Under no circumstances, shall the seller refund to the buyer any money arising from returned or rejected goods without collecting the same from the manufacturer. In the event the manufacturer pays the seller for any returns, product allowances, or discounts and not limited to these categories or any payment that pertains to the buyer, then the it will be required by the seller to remit the funds within 5 days of receipt to the buyer. In the event the manufacturer violates the agreement with the buyer in any material way or there is an epidemic issue on any transaction, then upon buyer’s notification the seller shall help the buyer to suspend opening a new Letter of Credit and, only when the documents are presented with a discrepancy for an existing Letter of Credit, to hold the acceptance procedure until the situation is reconciled with the acceptance of both the buyer and the seller. Any catastrophic issue must be settled to the mutual written and signed satisfaction by and of all three parties.
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Returned or Rejected Goods. Upon the occurrence and continuance -------------------------- of an Event of Default beyond any applicable cure periods, upon receipt of any returned or rejected goods the Borrower shall immediately issue and deliver a credit memo to the Bank with respect thereto. Or, at the Bank's election, the Borrower shall set aside such goods, xxxx them in the Bank's name and hold them in trust for the Bank at the Borrower's expense, and, upon request, shall pay the Bank the sales price thereof If the Bank shall request the Borrower to pay the sales price of such goods and the Borrower fails to forthwith pay the sales price to the Bank, the Bank may take possession of such goods and sell or cause the goods to be sold, at public or private sale, at such prices, to such purchasers and upon such terms as the Bank deems advisable. The Borrower shall remain liable to the Bank for any deficiency and shall pay the costs and expenses of such sale, including reasonable attorneys' fees.
Sample 1
Returned or Rejected Goods. Goods may not be returned without the prior consent of Aero Controls, Inc. Returned material may be subject to a restocking fee, currently at 20% of outright price. Any sale under $500 USD is considered sold AS-IS, with no returns authorized.
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Returned or Rejected Goods. In the event Bank exercises its rights under Section 7.2, upon receipt of any returned or rejected goods Borrower shall immediately issue and deliver a copy of the credit memo to Bank with respect thereto. Or, at Bank's election, Borrower shall set aside such goods, xxxx them in Bank's name and hold them in trust for Bank at Borrower's expense and shall, upon Bank's request, deliver such goods to Bank. Bank may sell or cause the goods to be sold, at public or private sale, at such prices, to such purchasers and upon such terms as Bank deems advisable. Borrower shall remain liable to Bank for any deficiency and shall pay the costs and expenses of such sale, including reasonable attorneys' fees.
Sample 1
Returned or Rejected Goods. After the occurrence and during the continuance of an Event of Default or upon receipt of any returned or rejected non-retail goods in an amount in excess of Five Hundred Thousand Dollars ($500,000.00) the Borrower shall immediately issue and deliver a copy of a credit memo to the Agent with respect thereto. Or, at the Agent's election, the Borrower shall set aside such goods, mark xxxm in the Agent's name and hold them in trust for the Agent at the Borrower's expense, and, upon request, shall pay the Agent the sales price thereof. If the Agent shall request the Borrower to pay the sales price of such
Sample 1
Returned or Rejected Goods. 4.1 Goods may not be returned without the prior consent of Seller. Goods authorized for return must be returned within 10 (ten) days of Seller’s shipping date. Returned goods are subject to a restocking charge of 15% (fifteen) of the outright sales price.
Sample 1
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Related to Returned or Rejected Goods

  • Returned Goods The Security Interest in the Inventory shall, without further act, attach to the cash and non-cash proceeds resulting from the sale or other disposition thereof and to all Inventory which is returned to the Borrower by customers or is otherwise recovered.

  • Returned Inventory If an Account Debtor has an authorized return and returns any Inventory covered by such return to such Grantor when no Event of Default exists, then such Grantor shall promptly determine the reason for such return and shall issue a credit memorandum to the Account Debtor in the appropriate amount. Such Grantor shall deliver a monthly report to the Administrative Agent setting forth all such returns involving an amount in excess of $10,000,000. Each such report shall indicate the reasons for the returns and the locations and condition of the returned Inventory. In the event any Account Debtor returns Inventory to such Grantor when an Event of Default exists, such Grantor, upon the request of the Administrative Agent, shall: (i) hold the returned Inventory in trust for the Administrative Agent; (ii) dispose of the returned Inventory solely according to the Administrative Agent’s written instructions; and (iii) not issue any credits or allowances with respect thereto in an amount exceeding $500,000 in the aggregate during any Fiscal Month without the Administrative Agent’s prior written consent. All returned Inventory shall be subject to the Administrative Agent’s Liens thereon. Whenever any Inventory is returned, the related Account shall be deemed ineligible to the extent of the amount owing by the Account Debtor with respect to such returned Inventory and such returned Inventory shall not be Eligible Inventory unless such Inventory constitutes Third Party Logistics Goods.

  • Supply Obligations Upon Licensor’s request, AbbVie shall either (a) to the extent allowable under such agreements, assign to Licensee or its Affiliates the portion of AbbVie’s agreement(s) with its Third Party manufacturing provider related to the Terminated Antibodies, Terminated Products and placebo used in connection therewith, or alternatively, use Commercially Reasonable Efforts to facilitate Licensor’s entering into a direct supply agreement with such Third Party manufacturing provider of the Terminated Antibodies, Terminated Products and placebo used in connection therewith on comparable terms to those between AbbVie and such Third Party manufacturing provider (in each case assuming AbbVie is then obtaining supply of Terminated Antibodies, Terminated Products or placebo used in connection therewith from a Third Party manufacturing provider) and (b) to the extent AbbVie or its Affiliate is producing its own supply of the Terminated Product, Terminated Antibody or placebo, use Commercially Reasonable Efforts to supply to Licensor the Terminated Antibodies and/or Terminated Products and placebo as requested by Licensor, to the extent reasonably necessary for Licensor’s continued Development and Commercialization of such Terminated Antibodies and/or Terminated Products, until the date on which Licensor notifies AbbVie in writing that Licensor has secured an alternative manufacturer for the Terminated Antibodies and/or Terminated Products, but in no event more for than [***] after the effective date of any expiration or termination of this Agreement. In the case of (b), Licensor shall pay to AbbVie a transfer price for the materials supplied equal to the Manufacturing Cost thereof. Without limiting the foregoing, in either case Licensor shall additionally have the right to immediately have AbbVie commence the transfer of the Manufacturing Process to Licensor or its designee, with such transfer to be carried out in accordance with the terms of Section 3.5.3, applied mutatis mutandis. *** Certain information in this agreement has been omitted and filed separately with the Securities and Exchange Commission. [***] indicates that text has been omitted and is the subject of a confidential treatment request.

  • Defective Products None of the Group Companies has manufactured, sold or supplied products which are, or were, in any material respect, faulty or defective, or which do not comply in any material respect with any representations or warranties expressly made by such Group Company, or with all applicable regulations, standards and requirements.

  • Goods For purposes of the Contract, all things which are movable at the time that the Contract is effective and which include, without limiting this definition, supplies, materials and equipment, as specified in the Invitation to Bid and set forth in Exhibit A.

  • Product Warranty; Product Liability (a) Except as set forth on Company Disclosure Schedule 4.23, the products produced, sold or delivered by the Company in conducting the Business have been in all material respects in conformity with all product specifications and all applicable Laws. To the Company’s Knowledge, the Company has no material Liability for damages in connection therewith or any other customer or product obligations not reserved against on the Balance Sheet.

  • Product Warranty and Product Liability Schedule 5.17 of the Disclosure Schedule contains a true, correct and complete copy of Company's standard warranty or warranties for sales of Products (as defined below) and, except as stated therein, there are no warranties, commitments or obligations with respect to the return, repair or replacement of Products. Schedule 5.17 of the Disclosure Schedule contains a description of all product liability claims and similar claims, actions, litigation and other proceedings relating to Products which are presently pending or which to Company's knowledge are threatened, or which have been asserted or commenced against Company within the last two (2) years, in which a party thereto either requests injunctive relief (whether temporary or permanent) or alleges damages in excess of $100,000.00 (whether or not covered by insurance). To the best of the Company's knowledge, there are no defects in design, construction or manufacture of Products which would adversely affect performance or create an unusual risk of injury to persons or property. Except as set forth on Schedule 5.17, none of the Products has been the subject of any replacement, field fix, retrofit, modification or recall campaign other than in the ordinary course of business. The Products have been designed and manufactured so as to meet and comply with all governmental standards and specifications currently in effect, and have received all governmental approvals necessary to allow their sale and use. As used herein, the term "Products" means any and all products currently or at any time previously manufactured, distributed or sold by Company, or by any predecessor of Company under any brand name or xxxx under which products are or have been manufactured over the last three (3) years, distributed or sold by Company, in or through the Business.

  • Returned Checks In the event that any check or other order for the payment of money is returned unpaid for any reason, Transfer Agent or its agent will: (i) give prompt notice of such return to the relevant Fund or its designee; (ii) place a stop transfer order against all Shares issued as a result of such check or order; and (iii) take such actions as Transfer Agent may from time to time deem appropriate.

  • Defective Product Seller must guarantee a return for all defective products. a) Goods rejected by Buyer for whatever reason shall be held, transported and/or stored at Seller’s sole expense. Seller shall promptly reimburse Buyer for any such expenses. B) Defective product purchase COD will be returned COD to Seller or COD check will be cancelled, at Buyer’s discretion. c) Seller is responsible for all costs associated RoHS noncompliance returns and will accept a full return for all parts not meeting RoHS compliance criteria if necessary. d) Seller is 100% responsible for all monetary and/or rework costs associated with product failures in addition to any further cost whatsoever associated with product failures. e) If suspect parts/counterfeit parts are furnished under this agreement such parts shall be impounded by Buyer. Buyer may provide a sample batch Supplier for verification and authentication. In addition, Buyer reserves the right to send such items to the appropriate manufacturer and appropriate authorities for investigation. f) Seller shall be liable for all costs relating to impound, investigation, removal, or replacement of suspect/counterfeit parts.

  • Returned Items You are solely responsible for any Item for which you have been given provisional credit, and any such Item that is returned or rejected may be charged to your Account. You acknowledge that all credits received for deposits made through the Service are provisional, subject to verification and final settlement. Any Item that we return to you will be returned in the form of an Image or an IRD.

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