Common use of Claims by Customer Clause in Contracts

Claims by Customer. Any claims by Customer must be presented in writing to K▇▇▇▇▇ + N▇▇▇▇ within a reasonable time and in no event longer than: (i) sixty (60) days after delivery of the Products by K▇▇▇▇▇ + N▇▇▇▇ or (ii) sixty (60) days from the date that the Customer is informed or becomes aware of the loss or damage, whichever time is shorter. Customer shall provide K▇▇▇▇▇ + N▇▇▇▇ with all information which is reasonably necessary to substantiate the nature of the claim and alleged damages. A claim by Customer of conversion must be established by affirmative evidence that K▇▇▇▇▇ + N▇▇▇▇ converted the Products to K▇▇▇▇▇ + NAGEL’s own use. K▇▇▇▇▇ + NAGEL’s maximum liability for negligent misshipments shall be as specified in Article 7 and K▇▇▇▇▇ + N▇▇▇▇ shall have no liability for damages due to the consignee’s acceptance or use of the Products whether such Products be those of Customer or another.

Appears in 1 contract

Sources: Logistics Services Agreement (TomoTherapy Inc)

Claims by Customer. Any claims by Customer must be presented in writing to K▇▇▇▇▇ + N▇▇▇▇ within a reasonable time and in no event longer than: (i) sixty (60) days after delivery of the Products by K▇▇▇▇▇ + N▇▇▇▇ or (ii) sixty (60) days from the date that the Customer is informed or becomes aware of the loss or damage, whichever time is shorter. Customer shall provide K▇▇▇▇▇ + N▇▇▇▇ with all information which is reasonably necessary to substantiate the nature of the claim and alleged damages. A claim by Customer of conversion must be established by affirmative evidence that K▇▇▇▇▇ + N▇▇▇▇ converted the Products to K▇▇▇▇▇ + NAGEL’s own use. K▇▇▇▇▇ + NAGEL’s maximum liability for negligent misshipments shall be as specified in Article 7 and K▇▇▇▇▇ + N▇▇▇▇ shall have no liability for damages due to the consignee’s acceptance or use of the Products whether such Products be those of Customer or another.

Appears in 1 contract

Sources: Logistics Services Agreement