Returns of Merchandise. During the Sale Term, Agent shall accept returns of merchandise sold by Merchant prior to the Sale Commencement Date (“Returned Merchandise”), provided that such return is accompanied by the original Store register receipt and is otherwise in compliance with Merchant’s return and price adjustment policy in effect as of the date such item was purchased. Subject to Merchant’s right to return such defective goods to Merchant’s vendors, if such Returned Merchandise is saleable as first-quality Merchandise, it shall be included in Merchandise and valued at the Cost Value (less the prevailing sale discount) applicable to such item as of the Sale Commencement Date. In the event that Returned Merchandise constitutes Defective Merchandise (“Returned Defective Merchandise”), Merchant and Agent shall mutually agree upon the Cost Value for such item of Returned Defective Merchandise; provided, however, in the event that Merchant and Agent cannot mutually agree upon the Cost Value for such Returned Defective Merchandise, or such Returned Defective Merchandise constitutes Excluded Defective Merchandise, then such Returned Defective Merchandise shall constitute Merchant Consignment Goods or Excluded Defective Merchandise and excluded from the Sale. The aggregate Cost Value of the Merchandise shall be increased by the Cost Value of any Returned Merchandise included in Merchandise (determined in accordance with this Section 8.5), and the Guaranteed Amount shall be adjusted accordingly. Merchant shall promptly reimburse Agent in cash for any refunds Agent is required to issue to customers in respect of any Returned Merchandise; provided, however, to the extent that the Guaranteed Amount has been paid in full, unless and until Merchant and Agent agree to a mutually acceptable escrow or reserve sufficient to insure that Merchant will have sufficient funds to reimburse Agent pursuant to this Section 8.5, Agent shall have no further obligations pursuant to this Section 8.5. Returned Merchandise not included in Merchandise shall be disposed of by Agent in accordance with instructions received from Merchant or, in the absence of such instructions, returned to Merchant at the end of the Sale Term. Any increases in the Guaranteed Amount in connection with returned Merchandise shall be accounted for on a weekly basis. Except to the extent that Merchant and Agent agree that Merchant’s POS or other applicable systems can account for returns of Merchandise, all returns must be noted an...
Returns of Merchandise. The Agent shall accept returns of Merchandise sold by Merchant prior to the Sale Commencement Date if requested to do so by the Merchant; provided that (i) the customer has the original register receipt, and (ii) such return complies with the Merchant’s return policy existing immediately prior to the Sale Commencement Date, which are provided to the Agent in writing on or prior to the Sale Commencement Date. The Agent shall treat these returns in a manner consistent with the Merchant’s ordinary course procedures. If such returned Merchandise is saleable as first-quality Merchandise, it shall be included in the Merchandise and valued at the Retail Price applicable to such item less the prevailing Sale discount at the time of the return (and, in the event that there is no similar Merchandise already located in the Store, then the prevailing discount applicable to such returned Merchandise shall be an average of the discount applicable to all Merchandise in the Store at the time of receipt of the returned Merchandise), and the Guaranteed Amount shall be adjusted accordingly. Refunds for cash shall be reimbursed by the Merchant to the Agent during the weekly reconciliations provided under Section 8.6.
Returns of Merchandise. Each Retailer may settle or adjust any dispute or claim, grant any discount, credit, or allowance, or accept any return of Goods purchased under a Credit Card Agreement in the ordinary course of business. The Retailers shall notify Bank of all credits issued to Cardholders by any Retailer with respect to such Goods. Each such notification shall indicate the Account to which it relates and the amount of credit issued to the Cardholder. Except as otherwise provided in the Operating Procedures, such notification shall be given to
Returns of Merchandise. In the ordinary course of its business, each Retailer may settle or adjust any dispute or claim, grant any discount, credit, or allowance, or accept any return of Goods (collectively, an “Adjustment”). At the time of making any Adjustment, such Retailer shall make reasonably diligent efforts to determine whether the related purchase was financed under a Credit Card Agreement. If such Retailer knows or in the exercise of reasonable diligence should know that an Adjustment relates to a purchase financed under a Credit Card Agreement, such Retailer shall (a) make the Adjustment by providing the Cardholder with a Credit Slip evidencing a credit to be given on its Account; (b) notify Bank of such credit; and (c) provide Bank with a Credit Slip properly identifying the related Account within one (1) Business Day of the date on which such credit is given. The amount of all such credits shall be deducted from the daily settlement amounts paid under Section 5.01 hereof. If there are insufficient Charge Slips included in the Charge Transaction Data to permit the deduction of such credits under Section 5.01, Retailers shall pay to Bank an amount equal to any credit given within one (1) Business Day of the date on which such credit is given.
Returns of Merchandise. During the Sale Term Agent shall not accept returns of merchandise sold by Merchant from the Stores prior to the Sale Commencement Date, unless otherwise directed by Merchant. To the extent Merchant directs Agent to accept returns of merchandise, then any such returned merchandise that is saleable as first-quality merchandise shall be included in Merchandise, returned to the sales floor, and valued at the Retail Price applicable to such item multiplied by the complement of the prevailing Sale discount at the time of the return. If such returned Merchandise constitutes Defective Merchandise, it shall be included in Merchandise and assigned a Retail Price in accordance with the applicable provisions of Section 5.3 above. The aggregate Retail Price of the Merchandise shall be increased by the Retail Price of any returned Merchandise included in Merchandise (determined in accordance with this Section 8.5), and the Guaranteed Amount shall be adjusted accordingly, To the extent that Agent is required to issue refunds to customers in respect of any returned Merchandise, Merchant shall reimburse Agent in cash for any such amounts or Agent shall setoff such amounts against other amounts due Merchant hereunder. Any returned Merchandise not included in Merchandise shall be disposed of by Agent in accordance with instructions received from Merchant or, in the absence of such instructions, returned to Merchant at the end of the Sale Term. Any increases in the Guaranteed Amount in connection with returned Merchandise shall be accounted for and paid by Agent on a weekly basis.
Returns of Merchandise. Agent shall not accept returns of Merchandise sold by Merchant prior to the Sale Commencement Date .
Returns of Merchandise. Agent shall accept returns of merchandise sold by Merchant prior to the Sale Commencement Date (“Returned Merchandise”), provided that such return is in compliance with Xxxxxxxx’s return policy in effect as of the date such item was purchased. For the avoidance of doubt, Xxxxxxxx's return policy in effect as of the date hereof is full return of purchase price within 30 days if accompanied by a valid receipt. If such Returned Merchandise is otherwise “Merchandise” it shall be included in the Sale at its otherwise “Cost Value,” multiplied by the inverse of the then prevailing Sale discount. The aggregate Cost Value of the Merchandise shall be increased by the adjusted Cost Value of any Returned Merchandise included in Merchandise (determined in accordance with this Section 8.5). In addition, Merchant shall promptly reimburse Agent in cash for any refunds Agent is required to issue to customers in respect of any Returned Merchandise during the weekly sale reconciliation provided for in Section 8.7. Except to the extent that Merchant and Agent agree that Xxxxxxxx’s POS or other applicable systems can account for returns of Merchandise, all returns must be noted and described in a mutually agreeable Returned Merchandise log on a weekly basis during the Sale.
Returns of Merchandise. Notice of non-conformity or defects in the merchandise or of any other breach by Vendor of the Terms and Conditions of an Order will be considered made within a reasonable time, if made within a reasonable time after the later of: (a) being discovered by Amcraft, ABC, its customers or the ultimate user of the merchandise, or (b) notice is given to Amcraft or ABC by its customers or the ultimate user of the merchandise. All defective merchandise shall be returned to Vendor at the sole cost and expense of Vendor. The return of such merchandise shall not relieve Vendor from liability for failure to ship conforming merchandise or for the breach of any guarantees, representations or warranties, whether express or implied.
Returns of Merchandise. During the Sale Term, the Agent shall accept returns only of defective goods sold by Merchant from the Stores prior to the Sale Commencement Date (“Returned Merchandise”), provided such goods are accompanied by the original Store receipt. Merchant shall reimburse Agent in cash for the amount of any store credit or refund given to any customer in respect of Returned Defective Merchandise. Any Returned Defective Merchandise shall be disposed of by Agent in accordance with instructions received from Merchant and at Merchant’s sole cost and expense. Any reimbursements due to Agent as result of Returned Defective Merchandise shall be accounted for and paid by Merchant immediately following the weekly Store Closing Sale reconciliation pursuant to Section 8.8 hereof.
Returns of Merchandise. In the event that Client’s fees are calculated based on a percentage of Net Sales Revenue, Client shall be entitled to a refund or credit based on returns of Merchandise by Customers, the sale of which factored into the calculation of Net Sales Revenue, as provided for in this Section 4.3. For the avoidance of doubt, Client, as established in Section 1.5 above, shall be responsible in all respects for processing and completing any return of any Merchandise by a Customer, including, without limitation, making any refund to the Customer for such return, which are to be processed through the Hosted Site and which Constant Retail, as host of the Hosted Site pursuant to these Terms and Conditions, shall be entitled to track and monitor. Upon Constant Retail’s confirmation through the Hosted Site and the Constant Retail Platform that such a refund to a Customer has been completed and all funds related thereto have been remitted to the Customer or the Customer’s account, Constant Retail shall calculate the amount of any fees previously charged and paid to Constant Retail by the Client based on the amount so refunded and such portion of the fee so determined by Constant Retail shall represent the amount of refund or credit to which the Client is entitled. At the election of Constant Retail in its sole discretion, such amount may either be applied against the outstanding amount of any fees payable to Constant Retail by the Client or paid directly to Client. Client’s entitlement to the foregoing refund or credit shall be subject to Client providing Constant Retail with any cooperation, assistance, or information reasonably requested by Constant Retail in connection with calculating the amount of any refund or credit owing to Client and based on a return of Merchandise by a Customer.
