Damaged Products Sample Clauses

Damaged Products. CHR shall be responsible for the cost of any Talecris Consigned Inventory that is damaged as a result of CHR actions, including, without limitation, improper storage, damage during packing, mishandling of Product, failure to label, pack, ship, or store Products in compliance with labeled manufacturer’s storage requirements, or for theft or shrinkage of Product that occurs while in CHR’s facilities or possession and control. CHR also shall be responsible for the cost of any Talecris Consigned Inventory that is: (i) shipped to the wrong address by CHR, or (ii) not packaged or shipped according to the mutually agreed upon shipping procedure. Payment to Talecris by CHR for Product that is lost or damaged while in CHR’s possession or care will be based on the then current wholesale price for the Product. CHR is not responsible for the cost of Product returned by Patients.

Damaged Products. The Distributor will visually inspect each shipment of Product for external damage or loss in transit and will notify the Company in writing (or by e-mail or fax) of any shortage or other non-conformity in any order delivery within [***] ([***]) business days of the date of delivery. With respect to non-conformities of Product that by their nature are not discoverable upon a reasonable visual inspection (“Hidden Defects”), (i) the Distributor will notify the Company promptly upon learning of or discovering a Hidden Defect; and (ii) the parties will meet promptly to discuss the situation and agree on a reasonable and appropriate resolution under the circumstances, subject to the terms of the Continuing Guaranty (defined below).

Damaged Products. All damaged Products will be addressed in accordance with Vendor’s Return Policy, attached hereto (see Attachment F).

Damaged Products. Should MWI receive any Products in apparent damaged condition, MWI will note on the delivery slip the apparent damage and promptly notify Supplier. MWI will report any concealed damage or latent defects within 30 days of discovery. Supplier will credit MWI for such damaged Products at the invoice price within 30 days of MWI’s notification. MWI will hold such damaged Products for inspection by the insurer, the carrier, or Supplier’s designated representative for up to 30 days.

Damaged Products. (a) Within 2 days of arrival of the Products at the Delivery Point for a Domestic Order or 14 days of the Products arrival at the Destination Port for an Export Order, Distributor must use best endeavours to inspect the Products and may reject any Damaged Products by providing written notice to the Supplier (Damaged Products Notice) of its rejection including written evidence (to the satisfaction of Supplier) of the Damaged Products. (b) If the Distributor is not able to inspect the Products within the timeframe specified in 14.2(a) due to an issue beyond the reasonable control of the Distributor at the Delivery Point or the Destination Port, then such timeframes will be extended by the time period agreed by the parties to address the issue so that it may inspect the Products. (c) On receipt of the Damaged Products Notice, Supplier must review the notice and notify Distributor in writing whether it accepts or rejects the notice and, if rejected, provide written reasons for its rejection. (d) If Supplier accepts the Damaged Products Notice, or it is determined through dispute resolution that the Products have Damaged Products, then Supplier will, at Supplier’s election: (i) if reasonable and practicable to do so, supply replacement Products as soon as possible; or (ii) provide a credit note to the Distributor equal to value of the Damaged Products. (e) If Supplier rejects the Damaged Products Notice, then the parties will resolve any dispute in relation to any Damaged Products in accordance with the dispute resolution process set out in clause 23. (f) If Distributor does not provide a Damaged Products Notice within the timeframe specified in clause 14.2(a) and pursuant to clause 14.2(b), then the Products will be deemed to have been accepted by Distributor and the Products will be deemed not to be Damaged Products. (g) Distributor must comply with any reasonable requests and directions from Supplier in relation to the return or disposal of any Damaged Products at the Supplier's cost. (h) This clause does not apply to any Damaged Products which are damaged as a result of the Distributor's conduct.

Damaged Products. All damaged Products will be reported to Vendor’s customer service department pursuant to Vendor’s returns policy on Attachment F and applicable credits will be issued pursuant to such policy.

Damaged Products. Licensee will not sell or distribute any Damaged Products and will use its reasonable best efforts to prevent the sale or distribution of Damaged Products by customers to consumers or others. Licensee will cause all relevant insurance policies maintained pursuant to Paragraph 8.1 below (a) to provide that the insurer will not sell or otherwise dispose of any Damaged Products in the insurer's possession or under its control without Masterfoods USA's prior written approval and (b) to authorize Masterfoods USA, at its option, to purchase any Damaged Products in the insurer's possession or under its control, at Licensee's cost therefor.

Damaged Products. All damaged Products must be reported to Vendor’s customer service department, as set forth in Section 2.18, Products Returned to the Vendor, and applicable credits will be issued within three (3) business days from receipt of the damaged item.

Damaged Products. Should Products sold to ABC be received in obvious damaged condition, ABC will note on the delivery slip the apparent damage and shall be entitled to promptly return the damaged Product to the Supplier. Damage will be reported promptly to Supplier’s customer service department to determine the disposition instructions. ABC shall use commercially reasonable efforts to conduct a reasonable inspection of Products received by it pursuant to this Agreement to determine if there is any damage to such Products that was not apparent at the time of delivery. In the event of concealed damage that could not have been identified by ABC’s inspection and is not caused by ABC’s handling, storage or transportation of the applicable product, ABC shall report such concealed damage with [***] from