Nonconforming Products means only the following: (i) product shipped is different than identified in Buyer’s purchase order; or (ii) product’s label or packaging incorrectly identifies its contents.
Nonconforming Products means any Products received by Buyer from Seller pursuant to a Purchase Order that (i) do not conform to such Purchase Order, (ii) do not conform to the specifications, (iii) are not properly packaged, (iv) do not include all required documentation or (v) for any other reason are not suitable for immediate release and sale.
Nonconforming Products means only the following: (i) the items shipped are different from those identified in Buyer’s purchase order; or (ii) the items shipped are materially damaged in such manner that Buyer cannot use the items. Buyer will inspect the Products within two (2) days following receipt thereof (the “Inspection Period”). The Products will be deemed accepted at the end of the Inspection Period unless Buyer notifies Seller in writing of any Nonconforming Products and furnishes Seller with written evidence or other documentation reasonable required by Seller.
Examples of Nonconforming Products in a sentence
Title of the Product shall pass to Buyer upon arrival of such Product at the delivery locations specified herein, subject to acceptance per Article 3, Agreement and Acceptance; Nonconforming Products below.
Seller shall pay for all recall costs arising out of or in connection with the Nonconforming Products.
Nonconforming Products shall be identified by Seller and removed from normal production flow until correction or replacement is complete.
Nonconforming Products will be held by Buyer for disposition in accordance with Seller’s written instructions at Seller’s risk.
If the Products do not comply with the Product warranty (such Products referred to as “Nonconforming Products”), Seller shall, at ITW’s sole discretion, promptly repair or replace any Nonconforming Products free of charge, or grant ITW a credit or full refund in an amount equal to the purchase price of the Products.
More Definitions of Nonconforming Products
Nonconforming Products means only the following: (i) the Products shipped are different from those identified in Buyer’s purchase order; or (ii) the labels or packaging of the items incorrectly identifies them. Buyer will inspect the Products within seven (7) calendar days following receipt thereof (the “Inspection Period”). The Products will be deemed accepted at the end of the Inspection Period unless Buyer notifies Seller in writing of any Nonconforming Products and furnishes Seller with written evidence or other documentation reasonable required by Seller.
Nonconforming Products means any good received by Distributor from Seller under a Purchase Order that: (a) is not a Product; (b) does not conform to the make and/or model number listed in the applicable Purchase Order; or (c) on visual inspection, Distributor reasonably determines are otherwise Defective.
Nonconforming Products means only the following:
Nonconforming Products means Products that (i) do not meet the PO Specs to Cardinal’s satisfaction or (ii) cause Seller’s breach of the POT&C. Cardinal (or its designees), at any time, may inspect Products, and repair or replace any Nonconforming Products at Seller’s cost. Any inspections or remedial measures shall take place at a time and place satisfactory to Cardinal. Any payment or conditional acceptance by Cardinal for Products shall not to be construed or deemed as final acceptance by Cardinal. Acceptance or payment will not waive or limit any of Cardinal’s rights or remedies. In addition to any other of its rights or remedies at law or in equity, hereunder or otherwise, Cardinal may, in its sole discretion, and at Seller’s sole risk and expense, including, but not limited to, all shipping and handling costs (both ways), (i) return Nonconforming Products to Seller for full refund or credit, (ii) have Seller replace
Nonconforming Products means Products which do not comply with the FDCA, other Laws or the Specifications referred to below.
Nonconforming Products means any Product received by Customer from HTWC that: (i) does not conform to the applicable FDA, TRG and/or Q-Code specifications; (ii) Customer, upon visual inspection, reasonably and in good faith determines is defective or damaged; or (iii) exceeds the quantity of the Products ordered by Customer. For any Nonconforming Products, Customer may elect to (y) require HTWC, at HTWC’s sole cost, to timely replace the rejected Products at the location specified by Customer (which may include HTWC’s location, Customer’s location or the location of a third party), or (z) retain the rejected Product; in each case, without limiting the exercise by Customer of any other rights available to Customer under this Agreement or pursuant to applicable law; provided, however, that to the extent any Products are deemed to be Nonconforming Products because they exceed the quantity of Product ordered by Customer, Customer may return such Nonconforming Products to HTWC. All returns of Nonconforming Products to HTWC are at HTWC’s sole risk and expense, so long as the return shipping is coordinated by HTWC, which HTWC shall timely coordinate. Product that is not rejected within the Inspection Period will be deemed to have been accepted by Customer; provided, however, that Customer’s acceptance of any Product will not be deemed to be a waiver or limitation of HTWC’s obligations pursuant to this Agreement (or any breach thereof).
Nonconforming Products means only the following: (i) goods shipped are different than identified in Buyer’s Order or do not otherwise meet the specifications set out in the accepted Order; or (ii) the quantity of goods shipped deviates by more than ten percent (10%) of the quantity identified in Buyer’s Order. If Buyer timely notifies Seller of any Nonconforming Products, Seller shall, in its sole discretion, after receiving Buyer’s shipment of alleged Nonconforming Products and Seller’s confirmation that such Products are Nonconforming Products, (i) repair or replace such Nonconforming Products with conforming Products, or (ii) credit or refund the Price for such Nonconforming Products, together with transportation charges in connection with the replacement Products. If Seller exercises its option to repair or replace Nonconforming Products, Seller shall, after receiving Buyer's shipment of Nonconforming Products, ship to Buyer, at Buyer's expense and risk of loss, the replaced Products. Buyer acknowledges and agrees that the remedies set forth in this Section are Buyer's exclusive remedies for the delivery of Nonconforming Products. Except as provided under this Section 6 Buyer has no right to return Products purchased under this Agreement to Seller without Seller’s prior written consent.