Failed Deliveries & Returns Clause Samples

The "Failed Deliveries & Returns" clause outlines the procedures and responsibilities when goods cannot be successfully delivered to the recipient. Typically, it specifies what happens if a delivery attempt fails, such as redelivery attempts, storage fees, or the process for returning goods to the sender. This clause ensures that both parties understand their obligations and the consequences of failed deliveries, thereby minimizing disputes and clarifying the steps to resolve delivery issues.
Failed Deliveries & Returns. A. Seller shall accept and process refunds and adjustments in respect of FBL Products in accordance with the applicable returns and failed delivery policies published by ▇▇▇▇▇▇ from time to time. B. Returns and failed deliveries of any FBL Products will be received and processed by ▇▇▇▇▇▇ at its appointed fulfilment centres. Any sellable returns and failed deliveries of any FBL Products will be placed back into the inventory of the FBL Products of Seller. For the avoidance of doubt, all returns and failed deliveries of any FBL Products which are placed back into the Seller’s inventory are the property of the Seller. Lazada may examine and determine at its sole discretion, acting reasonably, if returns and failed deliveries of any FBL Products are suitable for selling. C. If Lazada provides replacement FBL Products or a refund to a Buyer and that ▇▇▇▇▇ returns the original FBL Products to ▇▇▇▇▇▇’s appointed fulfilment centre, Lazada will be entitled to dispose of the returned original FBL Products, or, if they are saleable, Lazada may, at its option place such returned original FBL Products back in the inventory of Seller. If the returned original FBL Products will be put in the inventory, Seller will reimburse Lazada for the Replacement Value of the returned original FBL Products. ▇. ▇▇ ▇▇▇▇▇▇ reasonably determines that any returns and failed deliveries of any FBL Products is not in sellable condition, ▇▇▇▇▇▇ shall either return such returns and failed deliveries of FBL Products to the Seller or dispose of such returns and failed deliveries of FBL Products without any compensation to Seller, and ▇▇▇▇▇▇ may recover any incurred expenses from the Seller. Title to the abovementioned FBL Products will transfer to Lazada at no cost to Lazada for the purpose of such disposal, and ▇▇▇▇▇▇ will retain all proceeds, if any, received from the disposal of such FBL Products. If the proceeds of the disposal are insufficient to cover the costs of such disposal, Lazada shall be entitled to recover such uncovered costs from the Seller.
View SourceView Similar (6)

Related to Failed Deliveries & Returns

  • Deliveries at Closing At the Closing, the Company shall deliver, or cause to be delivered, to Purchaser: (a) all pay-off letters duly executed by the holders of all Repaid Indebtedness (such documents collectively, the “Pay-Off Letters”), indicating (i) the amounts required in order to pay in full all such Repaid Indebtedness (such amounts collectively, the “Pay-Off Amount”) and (ii) that upon payment of the Pay-Off Amount, all outstanding obligations of the Company or its Subsidiary, as applicable, arising under or related to such Repaid Indebtedness shall be repaid and extinguished in full and that, if applicable, upon receipt of such payment, such Person shall release its Liens and other security interests in, and agree to deliver UCC-3 termination statements and such other documents or endorsements necessary to release of record its Liens and other security interest in, and the same shall be terminated and of no further force and effect, the assets and properties of the Company and its Subsidiary; (b) certification from the Company that none of the equity securities of the Company (including the Common Shares and the Stock Options) is a U.S. real property interest, and the notice to accompany such statement, specified in Treasury Regulations §1.1445-2(c)(3)(i) and §1.897-2(h); (c) a certificate, dated not earlier than two (2) business days prior to the Closing Date, of the Secretary of State or comparable Governmental Authority of the state of organization of the respective Acquired Company stating that such Acquired Company is in good standing or has comparable active status in such jurisdiction; (d) copies of the executed Letters of Transmittal with original Certificates; (e) copies of the Option Surrender Agreements in a form reasonably satisfactory to Purchaser, duly executed by the Company and each Optionholder; (f) a copy of the executed Stockholder Written Consent, which Stockholder Written Consent is in full force and effect and constitutes all the resolutions adopted by the Securityholders in connection with the Transactions; (g) all approvals, consents and waivers that are listed on Schedule 3.02 (excluding approvals with respect to any Repaid Indebtedness) of the Disclosure Schedules shall have been received, and executed counterparts thereof shall have been delivered to Purchaser at or prior to the Closing; (h) a certificate executed by an officer of the Company, in form and substance reasonably acceptable to Purchaser, dated as of the Closing Date, certifying that (A) attached thereto are true and complete copies of (1) all resolutions adopted by the Board of Directors of the Company authorizing the execution, delivery and performance of this Agreement and the other agreements contemplated hereby and the consummation of the Transactions and (2) the Stockholder Written Consent approving the Transaction and adopting this Agreement, and (B) all such resolutions are in full force and effect and are all the resolutions adopted in connection with the transactions contemplated hereby and thereby; and (i) a certificate executed by an officer of the Company, in form and substance reasonably acceptable to Purchaser, dated as of the Closing Date, stating that the conditions to closing specified in Sections 2.01(a) and (b) have been satisfied.