Common use of Complaints and Returns Clause in Contracts

Complaints and Returns. 1. The Other Party must immediately check the delivered Products for any shortages or visible defects, faults or damage and state them on the waybill or accompanying receipt. In the absence of a waybill or accompanying receipt, the Other Party must report the defects, faults and so on to Rebelcell within 2 working days upon receipt of the Products, followed by a written confirmation. In the absence of such a report, the Products are deemed to have been received in good condition and to meet the agreement. Slight differences in colour and/or finish do not constitute grounds for a complaint or a claim and are not grounds for terminating the agreement. 2. Other complaints must be reported to Rebelcell in writing immediately after discovery - and at the latest within the agreed guarantee period. All consequences of failure to report immediately are at the risk of the Other Party. If no explicit guarantee period has been agreed, a period of 1 year after delivery applies. 3. If a complaint has not been reported to Rebelcell within the periods stated in the preceding paragraphs, no claim can be made against an agreed guarantee. 4. Complaints do not suspend the payment obligation of the Other Party. 5. The Other Party must enable Rebelcell to investigate the complaint and provide all relevant information to Rebelcell. If, in the opinion of ▇▇▇▇▇▇▇▇▇, a return shipment is required for the investigation of the complaint, this will be at the expense of the Other Party, unless the complaint is subsequently found to be valid. The transport risk is at all times for the Other Party. 6. In all cases, return shipment takes place in a manner to be determined by Rebelcell and in the original packaging, with the original invoice. Return shipments without prior consultation with Rebelcell will not be processed. 7. No complaints can be made about Products that have changed in nature and/or composition after receipt by the Other Party or that have been wholly or partially been treated or processed. 8. Complaints can only be reported to and will only be dealt with by the party that has concluded the purchase agreement with the Other Party, who, in some cases may therefore be the distributor or the dealer. 9. If the complaint is found to be valid, Rebelcell is only obliged to replace or repair the defective item. The Other Party is not entitled to any compensation.

Appears in 1 contract

Sources: General Terms and Conditions

Complaints and Returns. 1. The Other Party must immediately shall be obliged to check the items delivered Products for immediately upon receipt and to state any shortages or visible deficiencies, defects, faults or damage and state them damages and/or discrepancies in quantity on the waybill or accompanying receiptconsignment note. In the absence of a waybill or accompanying receiptconsignment note, the Other Party must report shall be obliged to inform the User in writing as to any deficiencies, defects, faults and so on to Rebelcell etc., within 2 working days upon receipt 24 hours of receiving the Products, followed by a written confirmation. In the absence of such a report, the Products are deemed to have been received in good condition and to meet the agreement. Slight differences in colour and/or finish do not constitute grounds for a complaint or a claim and are not grounds for terminating the agreementitems. 2. Other complaints must shall be reported to Rebelcell in writing to the User immediately after discovery - and at the latest within but no later than the agreed guarantee period. All consequences The Other Party shall bear all risks of failure failing to report immediately are at the risk of the Other Partydirectly. If no explicit guarantee period has been agreed, a the period of 1 one year after following delivery appliesshall apply. 3. If a no complaint has not been reported to Rebelcell the User within the periods stated in the preceding above paragraphs, the items shall be considered received in good condition and in accordance with the agreement. There shall in such case be no possible claim can be made against an under any agreed guarantee. 4. Complaints do Goods ordered shall be delivered in the (wholesale) packaging kept in stock by the User. Deviations regarding sizes, weights, quantity, colours, etc. that are acceptable in the branch as minor shall not suspend be considered a shortcoming by the payment obligation of User. No claim under the Other Partyguarantee shall be possible in such case. 5. Complaints shall not suspend the Other Party’s payment obligations. 6. The Other Party must shall enable Rebelcell the User to investigate the complaint and in this context, to provide the User with all relevant information relating to Rebelcellthe complaint. If, If the items have to be returned in the opinion of ▇▇▇▇▇▇▇▇▇, a return shipment is required for the investigation of order to investigate the complaint, this will be shall take place at the expense of the Other Party, ’s expense and risk unless the complaint is subsequently found turns out to be valid. The transport risk is at all times for the Other Party. 67. In all cases, return shipment takes All returns shall take place in a manner to be determined stipulated by Rebelcell the User and in the original packaging, with the original invoice. Return shipments without prior consultation with Rebelcell will not be processedpackaging and wrapping. 78. No complaints can shall be made about Products that have changed possible regarding incompleteness or properties of items manufactured from natural materials if this incompleteness or properties are inherent to the nature of these materials. 9. No complaints shall be possible regarding discoloration or slight discrepancies in nature and/or composition after colours. 10. No complaints shall be possible regarding items, which following receipt by the Other Party or that have changed with respect to their nature and/or composition, have been wholly completely or partially been treated partly worked or processedprocessed or which are no longer in their original packaging. 8. Complaints can only be reported to and will only be dealt with by the party that has concluded the purchase agreement with the Other Party, who, in some cases may therefore be the distributor or the dealer. 9. If the complaint is found to be valid, Rebelcell is only obliged to replace or repair the defective item. The Other Party is not entitled to any compensation.

Appears in 1 contract

Sources: General Terms and Conditions