RETURNS AND CLAIMS Sample Clauses

RETURNS AND CLAIMS. Upon delivery of the goods, the client must inspect the goods. Any claim for faulty or defective goods must be received within seven (7) days from the date of delivery of the goods.
Sample 1
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RETURNS AND CLAIMS. If you do not advise Xxxxxx in writing of any alleged deficiency in the amount of, damage to, or defect in, any Goods or failure of the Goods to comply with the Agreement (each a Claim): a. with respect only to an alleged deficiency in the amount of Goods, within 7 days of the Delivery Time (defined in clause 8); b. if the Claim was not reasonably identifiable at the Delivery Time, within 14 days of the earliest time that you could reasonably have become aware of the Claim, but in any event no later than 30 days following the Delivery Time; or c. otherwise within 14 days of the Delivery Time, you are deemed to have accepted the Goods and agree that Xxxxxx is released by you from any claim, action, or liability in respect of any such Claim. If you advise Xxxxxx in writing of a Claim within the applicable time period stated above Xxxxxx may, in its absolute discretion, provide replacement Goods provided that the Goods to which the Claim relates are first returned to Xxxxxx, at your cost within 14 days of you notifying Xxxxxx of the Claim, in the same condition, and packaging (if practicable), as they were delivered in. You agree that from the Delivery Time of the replacement Goods, Xxxxxx is released by you from any claim, action, or liability in respect of the Claim.
Sample 1
RETURNS AND CLAIMS. In the event Buyer discovers non-conforming Products, which Buyer properly used for the purpose for which sold, Seller shall, at Seller's sole and exclusive discretion, either repair, replace or credit Buyer for the price of such non-conforming Product upon receipt of same from Buyer; provided, however, Seller shall not be liable for any claims for labor or consequential damages and Products may not be returned except by permission of Seller. These remedies are the exclusive remedies of Buyer. Products will not be accepted for return or credit unless so authorized by Seller. Except for non-conforming Products, any Products returned for credit will be subject to handling charges covering necessary re-inspection and restocking. Claims for shortage must be made in writing within ten (10) days after receipt of the Purchase Order subject to this Agreement. Seller accepts no responsibility for breakage, damage or losses occurring after delivery by Seller to carrier, to which all such claims must be referred directly.
Sample 1
RETURNS AND CLAIMS. If the bank on which a check is drawn (“Payor Bank”) returns an Item to us unpaid, we will charge your Account for the returned Item and your Account will be charged a returned check (deposit item) fee based on our current schedule of fees and charges. In that case, we may either (i) return the Item to you, or (ii) re- present the Item to the Payor Bank before returning it to you. However, we have no obligation to re-present or retransmit a returned Item. We may return Items in any form we choose. We will notify you of our receipt of any returned Item using whatever means we deem appropriate no later than one Business Day after the Business Day of our receipt. We will have no liability to you if we reject or return any Image or Item or fail to give notice to you at an earlier time. If a Payor Bank or other third party makes a claim against us or seeks a re-credit with respect to any Item, we may provisionally freeze a like amount in your Account pending our investigation and resolution of the claim. We will have no liability to you for doing so.
Sample 1
RETURNS AND CLAIMS a. The returns policy set forth at xxxxx://xxxxxxx.xxxxx.xxx/s/article/americas-returns- policy shall apply. b. Goods that are sold on a ‘firm sale’ basis as indicated on the relevant invoice or as otherwise agreed in writing are non-returnable. c. Retail and Wholesale customers are responsible for all returned freight costs. d. Customers shall return the title page for claims for mis-bound books to be accepted by Wiley. Unless otherwise specified, fully copy returns are required. e. To ensure returned Goods are received by Wiley in saleable condition, the Customer shall use quality cartons and packaging. Wiley will not issue credits for Goods received in non- saleable condition or return any such Goods to Customer. f. Customer shall ship returns to the location identified by Wiley at the time the return is authorized. x. Xxxxx shall pay for freight of authorized no-fault returns by its nominated carrier. Wiley shall not accept any liability for cost of freight by any other carrier. h. As soon as any of the facts or matters which form any part of any claim of complaint whatsoever become known to the Customer, the Customer shall within twenty-one (21) days from the date of invoice, notify Wiley and prior authorization shall be obtained for no-fault returns. Claims received after this time will not be considered for credit. x. Xxxxx shall not be liable in any circumstances for any defects or damages caused in whole or in part by misuse, abuse, neglect or alteration (other than by Wiley) or accident and Customers who dispute any account must nonetheless pay all other undisputed accounts. x. Xxxxx shall credit Customer 100% of credit if merchandise is deemed saleable and as long as the return is accompanied by invoice information.
Sample 1
RETURNS AND CLAIMS. 5.1 Buyer is obliged supplied at the time (off) delivery, but in any case within 8 days after (ex) delivery (do). In addition, buyer must examine the quality and quantity of the delivered goods comply with what was agreed; 5.2 If the purchaser is shown a model, then the suspect only as an indication to be displayed without the item having to meet, unless expressly agreed that the item will match; 5.3 Any visible defects within 8 days after delivery vendor to be reported; 5.4 If, due to time gereclameerd the previous paragraph, buyer to accept and pay for the items purchased. If buyer wishes to return defect goods, he shall with the prior written consent of Seller in the manner specified by the vendor; 5.5 Purchaser must give the vendor to allow the complaint to (do).
Sample 1
RETURNS AND CLAIMS. (1) The Customer is entitled to return a faulty Product. However, Miami Stainless do not provide refunds or replacements if the Customer changes its mind. The Customer can choose a refund or exchange if a Product has a major fault. If the fault is minor, Miami Stainless may elect to give the Customer a free repair instead of a replacement or refund. (2) In the event of incorrectly supplied Products, Miami Stainless will replace the Products supplied with the Products ordered. Where the correct Products are unable to be supplied Miami Stainless will reimburse the Customer for the cost of the incorrectly supplied Products. (3) You are responsible for returning the Product to Miami Stainless. Products will only be accepted for credit if returned within 45 days of date of delivery and must be accompanied by a request for credit quoting the original invoice and/or delivery docket number, the purchase Order number, date and reason for return. (4) Prior notification of the return of Products is required, at which point a returns and claims number will be allocated which must be quoted at the time of the return. The acceptance of such Products does not imply an agreement to issue a credit note. Products are subject to inspection and approval and will attract a 10% or $20.00 (whichever is greater) handling and restocking charge. Freight will be at the expense of the Customer unless the Products were supplied incorrectly. (5) No credit will be allowed for: (a) Products outside of our normal stock range which have been specially sourced at the Customer's request. (b) Products which have been specially manufactured or cut to the specifications of the Customer. (c) Products which have been used, modified, or damaged. (d) Products with an alleged deficiency or discrepancy where the Customer has failed to open and check all items supplied within 14 days of delivery and report such a claim to Miami Stainless within 14 days.
Sample 1
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RETURNS AND CLAIMS. Any claim must be received within 7 days of delivery to you, otherwise the Order will be deemed to have been delivered correctly in all respects and accepted by you.
Sample 1
RETURNS AND CLAIMS. If a drawee financial institution (“Payor Bank”) returns an Item to us unpaid, we will charge the Account for the returned Item, and may either (i) return the Item to you, or (ii) re-present the Item to the Payor Bank before returning it to you. However, we have no obligation to re-present or retransmit a returned Item. We may return Items in any form we choose. We will notify you of our receipt of any returned Item using whatever means we deem appropriate no later than one Business Day after the Business Day of our receipt. We will have no liability to you by reason of the rejection or return of any Image or Item or the fact that we did not give notice to you at an earlier time. If a Payor Bank or other third party makes a claim against us or seeks a recredit with respect to any Item, we may provisionally freeze or hold-aside a like amount in the Account pending our investigation and resolution of the claim. We will have no liability to you for doing so.
Sample 1

Related to RETURNS AND CLAIMS

  • Returns and Refunds If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds and agree to the refund policy of that merchant. The Issuer or The Pay-O-Matic Corp is not responsible for the delivery, quality, safety, legality or any other aspects of goods or services you purchase from others with a Card. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were provided.

  • Tax Returns and Audits (i) The Company and each of its subsidiaries have timely filed all federal, state, local and foreign returns, estimates, information statements and reports ("RETURNS") relating to Taxes required to be filed by the Company and each of its subsidiaries with any Tax authority, except such Returns which are not material to the Company. The Company and each of its subsidiaries have paid all Taxes shown to be due on such Returns. (ii) The Company and each of its subsidiaries as of the Effective Time will have withheld with respect to its employees all federal and state income taxes, Taxes pursuant to the Federal Insurance Contribution Act, Taxes pursuant to the Federal Unemployment Tax Act and other Taxes required to be withheld, except such Taxes which are not material to the Company. (iii) Neither the Company nor any of its subsidiaries has any material Tax deficiency outstanding, proposed or assessed against the Company or any of its subsidiaries, nor has the Company or any of its subsidiaries executed any unexpired waiver of any statute of limitations on or extending the period for the assessment or collection of any Tax. (iv) No audit or other examination of any Return of the Company or any of its subsidiaries by any Tax authority is presently in progress, nor has the Company or any of its subsidiaries been notified of any request for such an audit or other examination. (v) No material adjustment relating to any Returns filed by the Company or any of its subsidiaries has been proposed in writing formally or informally by any Tax authority to the Company or any of its subsidiaries or any representative thereof. (vi) Neither the Company nor any of its subsidiaries has any liability for any material unpaid Taxes which has not been accrued for or reserved on the Company Balance Sheet in accordance with GAAP, whether asserted or unasserted, contingent or otherwise, which is material to the Company, other than any liability for unpaid Taxes that may have accrued since December 31, 1999 in connection with the operation of the business of the Company and its subsidiaries in the ordinary course. (vii) There is no contract, agreement, plan or arrangement to which the Company or any of its subsidiaries is a party as of the date of this Agreement, including but not limited to the provisions of this Agreement, covering any employee or former employee of the Company or any of its subsidiaries that, individually or collectively, would reasonably be expected to give rise to the payment of any amount that would not be deductible pursuant to Sections 280G, 404 or 162(m) of the Code. There is no contract, agreement, plan or arrangement to which the Company or any of its subsidiaries is a party or by which it or any of its subsidiaries is bound as of the date of this Agreement to compensate any individual for excise taxes paid pursuant to Section 4999 of the Code. (viii) Neither the Company nor any of its subsidiaries has filed any consent agreement under Section 341(f) of the Code or agreed to have Section 341(f)(2) of the Code apply to any disposition of a subsection (f) asset (as defined in Section 341(f)(4) of the Code) owned by the Company or any of its subsidiaries. (ix) Neither the Company nor any of its subsidiaries is party to or has any obligation under any tax-sharing, tax indemnity or tax allocation agreement or arrangement. (x) None of the Company's or its subsidiaries' assets are tax exempt use property within the meaning of Section 168(h) of the Code. (xi) Neither the Company nor any of its subsidiaries has constituted either a "distributing corporation" or a "controlled corporation" in a distribution of stock qualifying for tax-free treatment under Section 355 of the Code (x) in the two years prior to the date of this Agreement or (y) in a distribution which could otherwise constitute part of a "plan" or "series or related transactions" (within the meaning of Section 355(e) of the Code) in conjunction with the Merger.

  • Tax Returns and Reports The Administrative Trustees shall prepare (or cause to be prepared), at the Depositor's expense, and file all United States federal, state and local tax and information returns and reports required to be filed by or in respect of the Trust. In this regard, the Administrative Trustees shall (a) prepare and file (or cause to be prepared and filed) the appropriate Internal Revenue Service form required to be filed in respect of the Trust in each taxable year of the Trust and (b) prepare and furnish (or cause to be prepared and furnished) to each Securityholder the appropriate Internal Revenue Service form required to be provided on such form. The Administrative Trustees shall provide the Depositor and the Property Trustee with a copy of all such returns and reports promptly after such filing or furnishing. The Trustees shall comply with United States federal withholding and backup withholding tax laws and information reporting requirements with respect to any payments to Securityholders under the Trust Securities.

  • Tax Returns and Elections The Company shall cause to be prepared and timely filed all federal, state and local income tax returns or other returns or statements required by applicable law. As soon as reasonably practicable after the end of each fiscal year of the Company, the Company shall cause to be prepared and delivered to the Member all information with respect to the Company necessary for the Member’s federal and state income tax returns.

  • Tax Returns and Information The Partnership shall timely file all returns of the Partnership that are required for federal, state and local income tax purposes on the basis of the accrual method and the taxable period or year that it is required by law to adopt, from time to time, as determined by the General Partner. In the event the Partnership is required to use a taxable period other than a year ending on December 31, the General Partner shall use reasonable efforts to change the taxable period of the Partnership to a year ending on December 31. The tax information reasonably required by Record Holders for federal, state and local income tax reporting purposes with respect to a taxable period shall be furnished to them within 90 days of the close of the calendar year in which the Partnership’s taxable period ends. The classification, realization and recognition of income, gain, losses and deductions and other items shall be on the accrual method of accounting for federal income tax purposes.

  • Returns and Adjustments Merchants and others who honor the Card may give credit for returns or adjustments, and they will do so by submitting a credit slip which will be posted to your account. If your credits and payments exceed what you owe us, the amount will be applied against future purchases and cash advances. If the credit balance amount is $1 or more, it will be refunded upon your written or verbal request.

  • Tax Returns and Payments Each of the US Borrower and its Subsidiaries has duly filed or caused to be filed all federal, state, provincial, local and other material tax returns required by Applicable Law to be filed, and has paid, or made adequate provision for the payment of, all federal, state, provincial, local and other material taxes, assessments and governmental charges or levies upon it and its property, income, profits and assets which are due and payable (other than any amount the validity of which is currently being contested in good faith by appropriate proceedings and with respect to which adequate reserves in conformity with GAAP have been provided for on the books of the US Borrower and its Subsidiaries and no Lien exists). Such returns accurately reflect in all material respects all liability for taxes of the US Borrower and its Subsidiaries for the periods covered thereby. There is no ongoing audit or examination or other investigation by any Governmental Authority of the tax liability of the US Borrower and its Subsidiaries in each case, except as could not reasonably be expected to have a liability in excess of $5,000,000. No Governmental Authority has asserted any Lien or other claim against the US Borrower or any Subsidiary thereof with respect to unpaid taxes which has not been discharged, resolved or adequately reserved for on the books of the US Borrower and its Subsidiaries. The charges, accruals and reserves on the books of the US Borrower and any of its Subsidiaries in respect of federal, state, provincial, local and other taxes for all Fiscal Years and portions thereof since the organization of the US Borrower and any of its Subsidiaries are in the judgment of the Borrowers adequate, and the Borrowers do not anticipate any additional taxes or assessments for any of such years beyond those for which such reserves have been made.

  • Tax Information Returns and Reports The Service Provider shall prepare and file, and require to be prepared and filed by any brokers or banks as to their Customers, with the appropriate governmental agencies, such information, returns and reports as are required to be so filed for reporting: (i) dividends and other distributions made; (ii) amounts withheld on dividends and other distributions and payments under applicable federal and state laws, rules and regulations; and (iii) gross proceeds of sales transactions as required.

  • Tax Returns; Taxes (a) Except as otherwise disclosed on Schedule 4.15(a): (i) all Tax Returns of the Company and each Subsidiary due to have been filed through the date hereof in accordance with any applicable Law have been duly filed and are correct and complete in all material respects; (ii) all Taxes, deposits of Taxes or other payments relating to Taxes due and owing by the Company and each Subsidiary (whether or not shown on any Tax Return) have been paid in full; (iii) there are not now any extensions of time in effect with respect to the dates on which any Tax Returns of the Company or any Subsidiary were or are due to be filed; (iv) all deficiencies asserted as a result of any examination of any Tax Returns of the Company or any Subsidiary have been paid in full, accrued on the books of the Company or a Subsidiary, as applicable, or finally settled, and no issue has been raised in any such examination which, by application of the same or similar principles, reasonably could be expected to result in a proposed deficiency for any other period not so examined; (v) no claims have been asserted and no proposals or deficiencies for any Taxes of the Company or any Subsidiary are being asserted, proposed or, to the Knowledge of any Member, threatened, and no audit or investigation of any Tax Return of the Company or any Subsidiary is currently underway, pending or, to the Knowledge of any Member, threatened; (vi) no claim has ever been made by a Taxing authority in a jurisdiction in which the Company or any Subsidiary does not file Tax Returns that it is or may be subject to taxation by that jurisdiction; (vii) the Company and each Subsidiary has withheld and paid all Taxes required to have been withheld and paid in connection with amounts paid or owing to any employee, independent contractor, creditor, equity holder or other third party; (viii) there are no outstanding waivers or agreements by or on behalf of the Company or any Subsidiary for the extension of time for the assessment of any Taxes or deficiency thereof, nor are there any requests for rulings, outstanding subpoenas or requests for information, notice of proposed reassessment of any property owned or leased by the Company or any Subsidiary or any other matter pending between the Company or any Subsidiary and any Taxing authority; (ix) there are no Liens against any assets or property of the Company or any of its Subsidiaries for Taxes (other than Liens for Taxes which are not yet due and payable), nor are there any such Liens for Taxes which are pending or, to the Knowledge of any Member, threatened; (x) neither the Company nor any Subsidiary is a party to any Tax allocation, sharing or indemnification agreement under which the Company or any Subsidiary will have any Liability after the Closing; (xi) neither the Company nor any Subsidiary has any Liability for the Taxes of any Person (other than for itself) under U.S. Treasury Regulations Section 1.1502-6 (or any similar provision of Law), as a transferee or successor, by contract, or otherwise; and (xiii) the Company and each Subsidiary has at all times used proper accounting methods and periods in computing their Tax Liability. (b) Except as set forth on Schedule 4.15(b), the Company has delivered to the Purchaser correct and complete copies of all Tax Returns (together with any agent’s reports and any accountants’ work papers) relating to its respective operations and each of its Subsidiaries for taxable periods ended on or after December 31, 2014. (c) Neither the Company nor any of its Subsidiaries has been a party to any “reportable transaction” as defined in Treasury Regulations Section 1.6011-4(b). (d) The Company has, at all times since the date of its formation, been classified for federal (and all applicable state and local) income tax purposes as a partnership and not as a corporation, an association taxable as a corporation or a publicly traded partnership taxable as a corporation. Each Subsidiary of the Company has, at all times since the date of its formation, been classified for federal (and all applicable state and local) income tax purposes as a disregarded entity. (e) The Company has not elected to have the revised partnership tax audit procedures set forth in Subchapter C of Subtitle A, Chapter 63 of the Code, as amended by the Bipartisan Budget Act of 2015, P.L. 114-74 (together with any subsequent amendments thereto, Treasury Regulations promulgated thereunder and published administrative interpretations thereof, the “Revised Partnership Tax Audit Procedures”) apply to the Company, including by way of an election under Treasury Regulations Section 301.9100-22T.

  • Tax Returns and Payment Each of the Partnership Entities has filed all foreign, federal, state and local tax returns that are required to be filed or has requested extensions thereof (except in any case in which the failure so to file would not have a Material Adverse Effect) and has paid all taxes required to be paid by it and any other assessment, fine or penalty levied against it, to the extent that any of the foregoing is due and payable, except for any such assessment, fine or penalty that is currently being contested in good faith or as would not have a Material Adverse Effect.

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