SHIPMENT AND SPRINT'S PRODUCT RETURN RIGHTS Sample Clauses

SHIPMENT AND SPRINT'S PRODUCT RETURN RIGHTS. Sprint will have the right and opportunity to inspect a Product shipment hereunder, in whole or in part, at the Delivery Point. If Sprint determines that any shipment or part of a shipment fails to conform to specifications defined in the Vendor Compliance Document and the relevant Product Specifications, Sprint must request, [*] of receiving a Product shipment, a return and credit by notifying Handspring in writing of the nature and quantity of the non-compliance and the affected Purchase Order. Handspring will respond to Sprint [*] of receiving Sprint's request and will either (i) issue a return material authorization ("RMA") to Sprint that will authorize the return of non-conforming Product, or (ii) provide Sprint with written substantiation for the refusal to issue the return authorization. Upon receipt of the rejected Product at Handspring's Returns/Repair Center, Handspring will, at Sprint's request, either (i) issue an appropriate credit with respect to the relevant invoice, or (ii) ship conforming replacement Product in quantities up to the Product quantities returned under the relevant RMA [*]. If Sprint requests Handspring to ship conforming replacement Product and Handspring fails to ship conforming replacement Product within [*] of receiving the returned Product, then Sprint will have the right, at its option, to terminate this Agreement, with 30 days' prior written notice, without any payment or liability with respect to the invoice that applies to the returned product. Sprint's issuance or non-issuance of a return request [*] after receiving a Product shipment will in no event limit, modify, waive or otherwise restrict either Sprint's or Handspring's rights under the terms, including, without limitation, the warranty provisions, of this Agreement. * Confidential treatment has been requested for certain portions of this document pursuant to an application for confidential treatment sent to the Securities and Exchange Commission. Such portions are omitted from this filing and filed separately with the Securities and Exchange Commission.
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