Common use of Withdrawal of Goods Clause in Contracts

Withdrawal of Goods. If Seller determines that any Goods sold to Buyer may be Defective, at Seller’s request, Buyer shall withdraw all similar Goods from sale and, at Seller’s option, either return such Goods to Seller (pursuant to the terms of Section 9.3.b) or destroy the Goods and provide Seller with written certification of such destruction. Notwithstanding the limitations of Section 9.3, if Buyer returns all withdrawn Goods or destroys all withdrawn Goods and provides Seller with written certification of such destruction within 14 days following Seller’s withdrawal request, in either case consistent with Seller’s instructions, Seller shall (a) replace all such returned Goods or (b) replace such destroyed Goods, in either case pursuant to the terms of Section 9.3.b. Buyer’s remedy hereunder is not available if any such defect has been caused or contributed to by any of the factors described under Section 9.2. THIS SECTION 9.4 SETS FORTH BUYER’S SOLE REMEDY AND SELLER’S ENTIRE LIABILITY FOR ANY GOODS THAT ARE WITHDRAWN PURSUANT TO THIS SECTION 9.4.

Withdrawal of Goods. If Seller determines that any Goods sold to Buyer may be Defective, at Seller’s 's request, Buyer shall withdraw all similar Goods from sale and, at Seller’s 's option, either return such Goods to Seller (pursuant to the terms of Section 9.3.bterms) or destroy the Goods and provide Seller with written certification of such destruction. Notwithstanding the limitations of Section 9.3limitations, if Buyer Xxxxx returns all withdrawn Goods or destroys all withdrawn Goods and provides Seller with written certification of such destruction within 14 10 days following Seller’s 's withdrawal request, in either case consistent with Seller’s 's instructions, unless any such defect has not been caused or contributed to by any of the factors described, Seller shall (a) repair or replace all such returned Goods or (b) replace such destroyed Goods, in either case pursuant to the terms of Section 9.3.b. Buyer’s remedy hereunder is not available if any such defect has been caused or contributed to by any of the factors described under Section 9.2terms. THIS SECTION 9.4 SETS FORTH BUYER’S 'S SOLE REMEDY AND SELLER’S 'S ENTIRE LIABILITY FOR ANY GOODS THAT ARE WITHDRAWN PURSUANT TO THIS SECTION 9.4SECTION. Indemnification.

Withdrawal of Goods. If Seller determines that any Goods sold to Buyer may be Defective, at Seller’s request, Buyer shall withdraw all similar Goods from sale and, at Seller’s option, either return such Goods to Seller (pursuant to the terms of Section 9.3.b) or destroy the Goods and provide Seller with written certification of such destruction. Notwithstanding the limitations of Section 9.3, if Buyer returns all withdrawn Goods or destroys all withdrawn Goods and provides Seller with written certification of such destruction within 14 days following Seller’s withdrawal request, in either case consistent with Seller’s instructions, Seller shall (a) replace all such returned Goods or (b) replace such destroyed Goods, in either case pursuant to the terms of Section 9.3.b. BuyerXxxxx’s remedy hereunder is not available if any such defect has been caused or contributed to by any of the factors described under Section 9.2. THIS SECTION 9.4 SETS FORTH BUYER’S SOLE REMEDY AND SELLER’S ENTIRE LIABILITY FOR ANY GOODS THAT ARE WITHDRAWN PURSUANT TO THIS SECTION 9.4.