Returns and Over or Refused Product Sample Clauses

Returns and Over or Refused Product. All refused product must be reported to Shipper for disposition by telephone or e-mail. Shipper will continue to escalate means of communication in a reasonable manner through Xxxxxxx’s appropriate operations contacts. Shipper will provide written instructions for disposition of the product, including an authorization number, by e-mail or other means. Xxxxxx must follow the disposition instructions. If Xxxxxx encounters problems returning the product as instructed, Xxxxxx must advise Shipper so that alternate arrangements can be made. Broker will be liable for any unauthorized diversion or destruction of the product. If Shipper instructs Broker to take the product to a food bank or other donation centers, Shipper will specify destination and contact. Broker must strictly follow the disposition instructions to deliver the refused product to that particular food bank / donation center and must obtain a signed delivery receipt, which delivery for purposes of determining charges shall be deemed a diversion of route or change in address. Xxxxxx is responsible for recording and retaining all authorization numbers (return authorizations and authorizations to dump or destroy) given by Xxxxxxx. Returns must be authorized by Shipper, or freight charges will not be paid. When returning product to Shipper, Broker will: • Maintain the identity and integrity of each individual return authorization (RA). If Xxxxxx takes possession of return product that is already stretch wrapped, it will not break down the pallet. When possible, Broker will stretch wrap product for different RA’s separately, with the RA number attached on the pallet, segregated enough so that it can be recognized as a distinct lot or product type associated with each respective RA number; • Return RA’s only to the location specified on the RA; • Attach the correct RA number on each stretch wrapped pallet of product, and attach the RA or attach a xxxxxxx Xxxx of Lading with the corresponding RA number noted; • Obtain the stamp/signature of Shipper’s receiving facility; • Return product as soon as practical within Broker’s schedule, and in any event, within six business days from the date of the return authorization, or if they were not the original Broker, within six business days of receiving the product; • Failure to return the product within six business days will result in Broker’s liability for the shipment. Broker will not be responsible for code dates, as long as it returns the product to Shipper ...
AutoNDA by SimpleDocs

Related to Returns and Over or Refused Product

  • Marking of Licensed Products To the extent commercially feasible and consistent with prevailing business practices, Company shall xxxx, and shall cause its Affiliates and Sublicensees to xxxx, all Licensed Products that are manufactured or sold under this Agreement with the number of each issued patent under the Patent Rights that applies to such Licensed Product.

  • Product ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User(s) shall have thirty (30) days from the date of delivery to accept hardware products and sixty (60) days from the date of delivery to accept all other Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty (30) day increment. Authorized User shall notify Contractor of acceptance upon successful completion of the documented installation test. Such cancellation shall not give rise to any cause of action against the Authorized User for damages, loss of profits, expenses, or other remuneration of any kind. If the Authorized User elects to provide a deficiency statement specifying how the Product fails to meet the specifications within the testing period, Contractor shall have thirty (30) days to correct the deficiency, and the Authorized User shall have an additional sixty (60) days to evaluate the Product as provided herein. If the Product does not meet the specifications at the end of the extended testing period, Authorized User, upon prior written notice to Contractor, may then reject the Product and return all defective Product to Contractor, and Contractor shall refund any monies paid by the Authorized User to Contractor therefor. Costs and liabilities associated with a failure of the Product to perform in accordance with the functionality tests or product specifications during the acceptance period shall be borne fully by Contractor to the extent that said costs or liabilities shall not have been caused by negligent or willful acts or omissions of the Authorized User’s agents or employees. Said costs shall be limited to the amounts set forth in the Limitation of Liability Clause for any liability for costs incurred at the direction or recommendation of Contractor.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!