Defective Merchandise definition

Defective Merchandise means any item of Merchandise that is defective or otherwise not saleable in the ordinary course because it is worn, scratched, broken, faded, torn, mismatched, tailored or affected by other similar defenses rendering it not first quality. Display Merchandise shall not per se be deemed to be Defective Merchandise.

Defective Merchandise means any Merchandise that fails to conform to any of the warranties set forth in Section 6.4 of this Agreement.

Defective Merchandise means any item of Merchandise which is not new, finished, first-quality, saleable goods sold in the ordinary course. Examples of Defective Merchandise include but are not limited to goods that are used, damaged, defective, scratched, soiled, ripped, torn, stained, faded, discolored, dented, shopworn, out of box (if normally sold as new in-the-box, but excluding display items which are not otherwise damaged or defective and for which the box, all related packaging and all accompanying directions and warranty information are on hand), missing pieces, mismatched, mismated or near-sized, parts, items typically sold as a set which are incomplete, gift with purchase items and Out-of-Season Goods.

Examples of Defective Merchandise in a sentence

• During the Merchandise Warranty Period, at the election of Academy and in Academy’s sole discretion, Vendor will repair or replace any Defective Merchandise within the Repair or Replacement Period, or issue a refund or a credit for the purchase price of, any Defective Merchandise.

• Upon discovery of Defective Merchandise during the Merchandise Warranty Period, Academy will promptly provide to Vendor a written notice (“Notice of Defect”) with a request for repair, replacement or a refund or credit of the purchase price of the Defective Merchandise.

• The NAPA AUTO PARTS Store must complete NAPA Alleged Defective Merchandise Tag.

• If Vendor fails to repair or replace the Defective Merchandise within the Repair or Replacement Period, then Academy shall continue to have the right to require repair or replacement of the Defective Merchandise or to receive a refund or credit of the full purchase price thereof, and to purchase cover Merchandise at Vendor’s expense.

• Refunds or credits issued for the purchase price of any Defective Merchandise will be issued within ten (10) days after Vendor’s receipt of the Defective Merchandise.

More Definitions of Defective Merchandise

Defective Merchandise means any item of Inventory that is damaged, defective and not saleable as “new.”

Defective Merchandise has the meaning assigned to that term in Section 5.1(b) hereof.

Defective Merchandise means any goods reasonably agreed upon by the Merchant’s representative and the Agent’s representative during the Inventory Taking as defective or otherwise not saleable in the ordinary course of Merchant’s business at Retail Price, as if the Merchandise were not defective and as to which Merchant and Agent mutually agree as to the Retail Price of such Defective Merchandise. Display merchandise shall not be presumed to be defective. Packaging material that has minor wear, soiling, stains, dents, tears, scratches, or fading shall not render the Merchandise therein “defective.”

Defective Merchandise means any item of Merchandise that is defective or otherwise not saleable in the ordinary course of business because it is so worn, scratched, broken, faded, torn, mismatched, tailored, or affected by other similar defenses rendering it not of the quality of other similar items of Merchandise. Display Merchandise shall not per se be deemed to be Defective Merchandise.

Defective Merchandise means any item of merchandise that is dented, worn, scratched, broken, faded, mismatched, or merchandise affected by other similar defects rendering it not first quality, but which is saleable by Agent during the Sale Term. Defective Merchandise does not include Display Merchandise.

Defective Merchandise means any item of merchandise agreed upon and identified by Agent and Merchant during the Inventory Taking as defective or otherwise not salable in the ordinary course because it is dented, worn, scratched, broken, faded, torn, mismatched or affected by other similar defects rendering it not first quality, and as to which Agent and Merchant mutually agree on its value to define its Retail Price.

Defective Merchandise means any item of Merchandise identified and agreed upon by Merchant and Agent (with each party acting reasonably) as defective in that it is damaged, defective, scratched, soiled, ripped, torn, stained, faded, discolored, dented, out of box (if normally sold as new in-the-box), missing pieces, mismatched, mis-mated or near-sized, parts, items typically sold as a set which are incomplete, or gift with purchase items, or otherwise affected by other similar defenses rendering it not first quality.