Defective Products or Products Do Not Conform to Written Descriptions Clause Samples

Defective Products or Products Do Not Conform to Written Descriptions. 2.1.1 In the event the Buyer rejects the Product on the grounds that the Product is faulty, defective or damaged, or the Product delivered does not conform to the written specification or descriptions as stated on the Seller’s Product page, the Buyer must notify the Seller via the Platform within seven (7) days from the receipt of the Product (“Rejection Period”). Any request submitted via electronic mail, letter or phone conversation will not be entertained. 2.1.2 Upon the Buyer’s notification in accordance with Paragraph 2.1.1, the Seller shall: (a) investigate the Buyer’s complaint; (b) determine whether the Buyer’s complaint is justifiable or has merits; and (c) if the Buyer’s complaint is justified or with merits, (i) be entitled, at the Seller’s sole and absolute discretion, determine whether the Buyer will receive a refund or replacement for the Product; and (ii) refund or replace the Product, within fourteen (14) days commencing on the day immediately after the Rejection Period. The Seller may request from the Buyer, the proof of defective, faulty or damaged products or products not conforming to written descriptions for purposes of processing the Buyer’s complaint. Where the Buyer is unable or refuse to provide the evidence to support its rejection of the Product, Mecan and/or the Seller shall have the discretion to reject the Buyer’s request. 2.1.3 In the event the Product is found to be defective, faulty or damaged due to no fault of the Buyer, the Seller shall be responsible for all costs associated with the return and refund or replacement. The Buyer will be required to provide receipt or evidence of the costs involved. 2.1.4 If the Seller determines that the Product is defective, faulty or damaged and that such defect, fault or damage is attributed to mishandling of the Product by the Buyer, the Seller will not be liable to accept / replace the returned Product. In such instance, if the Buyer has returned the Product to the Seller, the Buyer shall be responsible for all costs associated with the return of the Product to the Seller and back to the Buyer.
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Defective Products or Products Do Not Conform to Written Descriptions. 2.1.1 In the event the Buyer rejects the Product on the grounds that the Product is faulty, defective or damaged, or the Product delivered does not conform to the written specification or descriptions as stated on the Seller Product page, the Buyer must notify the Seller via the Platform within seven (7) days from the receipt of the Product (“Rejection Period”). 2.1.2 Upon the Buyer’s notification in accordance with Paragraph 2.1.1, the Seller shall: (a) investigate the Buyer’s complaint; (b) determine whether the Buyer’s complaint is justifiable or has merits; and (c) if the Buyer’s complaint is justified or with merits, (i) be entitled, at the Seller’s sole and absolute discretion, determine whether the Buyer will receive a refund or replacement for the Product; and (ii) refund or replace the Product, within fourteen (14) days commencing on the day immediately after the Rejection Period (“Resolution Period”). 2.1.3 In the event the Product is found to be defective, faulty or damaged due to no fault of the Buyer, the Seller shall be responsible for all costs associated with the return and refund or replacement. The Buyer will be required to provide receipt or evidence of the costs involved. 2.1.4 If the Seller determines that the Product is defective, faulty or damaged and that such defect, fault or damage is attributed to mishandling of the Product by the Buyer, the Seller will not be liable to accept / replace the Product. In such instance, if the Buyer has returned the Product to the Seller, the Buyer shall be responsible for all costs associated with the return of the Product to the Seller and back to the Buyer.
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Related to Defective Products or Products Do Not Conform to Written Descriptions

  • Defective Products (a) In the event that Nycomed determines that any shipment of Product, at the time of delivery, (i) does not conform to the Product Specifications, (ii) contains misprinted or non-conforming labelling or packaging, or (iii) has been damaged in transit (collectively, "Defective Products"), then Nycomed shall give Anthra notice thereof (including a sample from such shipment) within fifteen days after receipt thereof, if such defects may be ascertained by the exercise of reasonable diligence (which shall include laboratory testing or other chemical analysis as necessary) upon receipt thereof, and otherwise within fifteen days after discovery thereof. If Anthra confirms such defect, it shall promptly so notify Nycomed. If Anthra does not confirm such defect, it shall promptly so notify Nycomed, and the parties shall submit the disputed shipment for testing to an independent testing laboratory that is mutually acceptable to the parties. The findings of the testing laboratory shall be *** CONFIDENTIAL TREATMENT REQUESTED. 18 binding on the parties. The expenses of such testing shall be borne by Anthra if the testing confirms the defect, and otherwise by Nycomed. (b) If any shipment contains Defective Product, for any reason other than the willful or negligent acts or omissions of Nycomed or its customers or agents, Anthra shall credit Nycomed with the costs incurred by Nycomed with respect to all such Defective Product that has not been sold (or has been sold and returned), which costs shall be deemed equal to the sum of any amounts paid on account of such Defective Product pursuant to Section 3.7 and any and all transportation and storage charges incurred by Nycomed in connection with such Defective Product. In addition, at Nycomed's option, (i) Anthra shall be relieved of any obligation to deliver any Product in replacement of such Defective Product, or (ii) Anthra shall replace such Defective Product as soon as possible after Nycomed notifies Anthra of its election of option (ii) of this Section 3.4, in which case Nycomed shall pay to Anthra any unpaid amounts in respect of the replacement Product in accordance with Section 3.7 following delivery of the replacement Product.

  • Defective Product If Client rejects Products under Section 6.1 and the deviation is determined to have arisen from Patheon’s failure to provide the Manufacturing Services in accordance with the Specifications, cGMPs, or Applicable Laws, Patheon will credit Client’s account for Patheon’s invoice price for the defective Products. If Client previously paid for the defective Products, Patheon will promptly, at Client’s election, either: (i) refund the invoice price for the defective Products; (ii) offset the amount paid against other amounts due to Patheon hereunder; or (iii) replace the Products with conforming Products without Client being liable for payment therefor under Section 3.1, contingent upon the receipt from Client of all Active Materials and Client-Supplied Components required for the manufacture of the replacement Products. For greater certainty, Patheon’s responsibility for any loss of Active Materials in defective Product will be captured and calculated in the Active Materials Yield under Section 2.2.

  • PRICE LISTS AND PRODUCT INFORMATION Contractors should provide an electronic version of the proposed price list in an Excel format or pdf on a jump drive. Also provide a dealer list, if applicable in an Excel format with "read and write" capabilities on the same jump drive. No costs or expenses associated with providing this information in the required format shall be charged to the State of Arkansas. At the time of contract renewal contractor will furnish OSP with an updated dealer list and published price list.

  • Products Products available under this Contract are limited to Software, including Software as a Service, products and related products as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.B above. Vendor may not add a manufacturer’s product line which was not included in the Vendor’s response to the solicitation described in Section 1.B above.

  • Packing Specifications 7.3.1 A pack will contain a minimum of one message record or a maximum of 99,999 message records plus a pack header record and a pack trailer record. One transmission can contain a maximum of 99 packs and a minimum of one pack.