Common use of CLAIMS AND ALLOWANCES Clause in Contracts

CLAIMS AND ALLOWANCES. Lafayette Textile Industries, LLC. shall not be liable for normal manufacturing defects nor for customary variations from quantities or specification nor for defects resulting from imperfections inherent in the fibers or yarns used, over which Lafayette Textile Industries, LLC. has no direct control. If Buyer claims goods are defective in quality, they must be offered to Lafayette Textile Industries, LLC. for examination within five (5) days of said claim. Buyer must make available for inspection and examination by Lafayette Textile Industries, LLC. or its designees all goods which Buyer claims to be defective. Lafayette Textile Industries, LLC. may replace any goods claimed by Buyer to be defective within TEN (10) DAYS after Buyer makes them available for inspection and examination and such replacement shall constitute a satisfaction and discharge of all claims of Buyer relative to goods so replaced. ▇▇▇▇▇’s right to cancel goods by reason of defects shall at all times be limited to that portion of the goods actually defective. Claims of any kind or nature, except for latent defects, are barred unless made writing within five (5) days after delivery (or tender) as herein defined of the goods complained of, but prior to the cutting, processing or altering of the goods in any manner from the original condition as shipped. Claims for latent defects are barred unless made in writing thirty (30) days after delivery of the goods complained of. The limit of liability of Lafayette Textile Industries, LLC. for late delivery or nondelivery or any other breach shall be the difference, if any, between the contract price and fair market price, on the contract date of delivery, of the goods delivered or to be delivered. IN NO EVENT SHALL BUYER BE ENTITLED TO CLAIM ANY OTHER DAMAGES OF ANY NATURE WHATSOEVER OR ANY CONSEQUENTIAL DAMAGES, AND IN NO INSTANCE SHALL DAMAGE INCLUDE PROFIT ON CONTEMPLATED USE OR PROFIT OF ANY DESCRIPTION.

Appears in 1 contract

Sources: Credit Acceptance Application and Purchase Agreement

CLAIMS AND ALLOWANCES. Lafayette Textile Industries, LLC. Millennium Knitting shall not be liable for normal manufacturing defects nor for customary variations from quantities or specification nor for defects resulting from imperfections inherent in the fibers or yarns used, over which Lafayette Textile Industries, LLC. Millennium Knitting has no direct control. If Buyer claims goods are defective in quality, they must be offered to Lafayette Textile Industries, LLC. Millennium Knitting for examination within five (5) days of said claim. Buyer must make available for inspection and examination by Lafayette Textile Industries, LLC. Millennium Knitting or its designees all goods which Buyer claims to be defective. Lafayette Textile Industries, LLC. Millennium Knitting may replace any goods claimed by Buyer to be defective within TEN (10) DAYS after Buyer makes them available for inspection and examination and such replacement shall constitute a satisfaction and discharge of all claims of Buyer relative to goods so replaced. ▇▇▇▇▇Buyer’s right to cancel goods by reason of defects shall at all times be limited to that portion of the goods actually defective. Claims of any kind or nature, except for latent defects, are barred unless made writing within five (5) days after delivery (or tender) as herein defined of the goods complained of, but prior to the cutting, processing or altering of the goods in any manner from the original condition as shipped. Claims for latent defects are barred unless made in writing thirty (30) days after delivery of the goods complained of. The limit of liability of Lafayette Textile Industries, LLC. Millennium Knitting for late delivery or nondelivery or any other breach shall be the difference, if any, between the contract price and fair market price, on the contract date of delivery, of the goods delivered or to be delivered. IN NO EVENT SHALL BUYER BE ENTITLED TO CLAIM ANY OTHER DAMAGES OF ANY NATURE WHATSOEVER OR ANY CONSEQUENTIAL DAMAGES, AND IN NO INSTANCE SHALL DAMAGE INCLUDE PROFIT ON CONTEMPLATED USE OR PROFIT OF ANY DESCRIPTION.

Appears in 1 contract

Sources: Purchase Agreement

CLAIMS AND ALLOWANCES. Lafayette Textile Industries, LLC. Textiles Corp shall not be liable for normal manufacturing defects nor for customary variations from quantities or specification nor for defects resulting from imperfections inherent in the fibers or yarns used, over which Lafayette Textile Industries, LLC. Textiles Corp has no direct control. If Buyer claims goods are defective in quality, they must be offered to Lafayette Textile Industries, LLC. Textiles Corp for examination within five (5) days of said claim. Buyer must make available for inspection and examination by Lafayette Textile Industries, LLC. Textiles Corp or its designees all goods which Buyer claims to be defective. Lafayette Textile Industries, LLC. Textiles Corp may replace any goods claimed by Buyer to be defective within TEN (10) DAYS after Buyer makes them available for inspection and examination and such replacement shall constitute a satisfaction and discharge of all claims of Buyer relative to goods so replaced. ▇▇▇▇▇’s right to cancel goods by reason of defects shall at all times be limited to that portion of the goods actually defective. Claims of any kind or nature, except for latent defects, are barred unless made writing within five (5) days after delivery (or tender) as herein defined of the goods complained of, but prior to the cutting, processing or altering of the goods in any manner from the original condition as shipped. Claims for latent defects are barred unless made in writing thirty (30) days after delivery of the goods complained of. The limit of liability of Lafayette Textile Industries, LLC. Textiles Corp for late delivery or nondelivery non-delivery or any other breach shall be the difference, if any, between the contract price and fair market price, on the contract date of delivery, of the goods delivered or to be delivered. IN NO EVENT SHALL BUYER BE ENTITLED TO CLAIM ANY OTHER DAMAGES OF ANY NATURE WHATSOEVER OR ANY CONSEQUENTIAL DAMAGES, AND IN NO INSTANCE SHALL DAMAGE INCLUDE PROFIT ON CONTEMPLATED USE OR PROFIT OF ANY DESCRIPTION.PROFIT

Appears in 1 contract

Sources: Credit Agreement