Common use of Warranties and Returns Clause in Contracts

Warranties and Returns. 5.1 We warrant that the Goods will comply with the Specification or the Certificate of Analysis or Certificate of Conformity upon delivery. All warranties conditions and/or terms implied by law are excluded to the fullest extent permitted by law. For the avoidance of doubt, we do not warrant that the Goods will comply with parameters not specified in the Specification or the Certificate of Analysis or the Certificate of Conformity. 5.2 While we warrant that the Goods supplied will be within Specification or comply with the Certificate of Analysis or Certificate of Conformity depending on the terms agreed between the parties upon delivery we are not in a position to test products which we supply. You acknowledge and accept that we do not open the packaging of the Goods and inspect them prior to despatch. 5.3 You rely solely on your own skill and judgment in determining the suitability of the Goods for any particular purpose and the compliance of the Goods with local laws and regulations. You are solely responsible for ensuring that the Goods comply with local laws and regulations and that any performance requirement indicated in any documentation supplied by us in respect of the Goods is sufficient and suitable for your purpose. 5.4 Upon delivery or collection you will inspect the package/packaging. Where the package/packaging is/or appears to be damaged in any way then you must bring this to the attention of the deliverer. Where items are signed for on delivery or collection you must xxxx “package damaged” when signing for the item. 5.5 Immediately upon receipt you will properly inspect the Goods and shall notify us in writing within 3 days of delivery or collection if the Goods are damaged or do not comply with the Agreement provided, however, that such time period for inspection shall not apply to latent defects, which must be reported to us within ten (10) days after their discovery. All expenses or cost for the inspection shall be borne by you. If you fail to give notice of non-compliance within such inspection period, the Goods shall be deemed to be accepted Where a claim for defect or damage is made, after contacting us in accordance with Condition 5.4 you are under a duty to take care of the Goods until they have been returned to us or we have confirmed in writing that you may dispose of the damaged Goods in accordance with local regulations and laws. Once we have received the returned Goods and if the Goods are defective then we will either provide a replacement or a credit note. However, any failure to follow the requirements and procedures detailed in Condition 5 will be considered a breach by you and we will not provide a replacement or a credit note.

Appears in 2 contracts

Samples: Sales Contracts, Sales Contracts

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Warranties and Returns. 5.1 We warrant that the Goods will comply with the Specification or the Certificate of Analysis or Certificate of Conformity upon delivery. All warranties conditions and/or terms implied by law are excluded to the fullest extent permitted by law. For the avoidance of doubt, we do not warrant that the Goods will comply with parameters not specified in the Specification or the Certificate of Analysis or the Certificate of Conformity. 5.2 While we warrant that the Goods supplied will be within Specification or comply with the Certificate of Analysis or Certificate of Conformity depending on the terms agreed between the parties upon delivery we are not in a position to test products which we supply. You acknowledge and accept that we do not open the packaging of the Goods and inspect them prior to despatch. 5.3 You rely solely on your own skill and judgment in determining the suitability of the Goods for any particular purpose and the compliance of the Goods with local laws and regulations. You are solely responsible for ensuring that the Goods comply with local laws and regulations and that any performance requirement indicated in any documentation supplied by us in respect of the Goods is sufficient and suitable for your purpose. 5.4 Upon delivery or collection you will inspect the package/packaging. Where the package/packaging is/or appears to be damaged in any way then you must bring this to the attention of the deliverer. Where items are signed for on delivery or collection you must xxxx mark “package damaged” when signing for the item. 5.5 Immediately upon receipt you will properly inspect the Goods and shall notify us in writing within 3 days of delivery or collection if the Goods are damaged or do not comply with the Agreement provided, however, that such time period for inspection shall not apply to latent defects, which must be reported to us within ten (10) days after their discovery. All expenses or cost for the inspection shall be borne by you. If you fail to give notice of non-compliance within such inspection period, the Goods shall be deemed to be accepted Where a claim for defect or damage is made, after contacting us in accordance with Condition 5.4 you are under a duty to take care of the Goods until they have been returned to us or we have confirmed in writing that you may dispose of the damaged Goods in accordance with local regulations and laws. Once we have received the returned Goods and if the Goods are defective then we will either provide a replacement or a credit note. However, any failure to follow the requirements and procedures detailed in Condition 5 will be considered a breach by you and we will not provide a replacement or a credit note.

Appears in 1 contract

Samples: Sales Contracts

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Warranties and Returns. 5.1 We warrant that the Goods will comply with the Specification or the Certificate of Analysis or Certificate of Conformity upon delivery. All warranties conditions and/or terms implied by law are excluded to the fullest extent permitted by law. For the avoidance of doubt, we do not warrant that the Goods will comply with parameters not specified in the Specification or the Certificate of Analysis or the Certificate of Conformity, or that they will be suitable for any particular purpose (regardless of whether any such purpose is evident, or may be inferred, from the Order. 5.2 While we warrant that the Goods supplied will will, upon delivery, be within Specification or (depending on the terms agreed between the parties) comply with the Certificate of Analysis or Certificate of Conformity depending on the terms agreed between the parties upon delivery we are not in a position to test products which we supply. You acknowledge and accept that we do not open the packaging of the Goods and inspect them prior to despatch. 5.3 You rely acknowledge and agree that you are solely on your own skill and judgment in responsible for determining the suitability of the Goods for any particular purpose and the compliance of whether the Goods comply with local laws and regulations. You are solely responsible for ensuring that the Goods comply with local laws and regulations and that any performance requirement indicated in any documentation supplied by us in respect of the Goods is sufficient and suitable for your purposepurpose and that the Goods comply with local laws and regulations. 5.4 Upon delivery or collection you will inspect the package/packaging. Where the package/packaging is/or appears to be damaged in any way then you must bring this to the attention of the deliverer. Where items are signed for on delivery or collection you must xxxx mark “package damaged” when signing for the item. 5.5 Immediately upon receipt you will properly inspect the Goods and shall notify us in writing within 3 days of delivery or collection if the Goods are damaged or do not comply with the Agreement provided, however, that such time period for inspection shall not apply to latent defects, which must be reported to us within ten (10) days after their discovery. All expenses or cost for the inspection shall be borne by you. If you fail to give notice of non-compliance within such inspection period, the Goods shall be deemed to be accepted accepted. Where a claim for defect or damage is made, after contacting us in accordance with Condition 5.4 or this Condition 5.5, you are under a duty to take care of the Goods until they have been returned to us or we have confirmed in writing that you may dispose of the damaged Goods in accordance with local regulations and laws. Once Unless we have confirmed that you may dispose of them, once we have received the returned Goods and if the Goods have confirmed that they are defective then defective, we will then either provide a replacement or a credit note. HoweverOnce we have refunded or replaced the defective Goods, we shall have no further liability to you for the defective Goods. 5.6 We shall not be liable for the failure of any failure Goods to comply with the warranty set out in Condition 5.1 in any of the following events: (a) you make any further use of those Goods after giving notice in accordance with Condition 5.4 or 5.5; (b) the defect arises because you failed to follow our oral or written instructions for the requirements and procedures detailed in Condition 5 will be considered storage, handling or use of the Goods or (if there are none) good trade practice regarding the same; (c) the defect arises as a breach result of us following any specification supplied by you and we will not provide a replacement or a credit note.you;

Appears in 1 contract

Samples: Sales Contracts

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