Common use of Nonconforming Products Clause in Contracts

Nonconforming Products. Buyer and Seller agree that if any Products delivered pursuant to the Purchase Order are nonconforming in any manner, Buyer may, at its option and without limiting its other remedies for a default under the Purchase Order: (a) reduce the quantities of Products ordered under the Purchase Order by any amount, (b) require Seller to replace nonconforming Products, (c) return to Seller, or dispose of without any liability to Seller, any nonconforming Products and receive full credit for the price of such Products and any costs associated with inspecting, sorting, and returning such Products, (d) either itself or through others, rework, correct or otherwise alter any such Products for the purpose of making them conforming or less nonconforming, or (e) exercise any other remedies available to it under the Purchase Order or applicable law. All Losses associated with any of the foregoing remedies will be the responsibility of Seller and may be deducted by Buyer from any amount due to Seller.

Appears in 2 contracts

Sources: General Terms and Conditions of Purchase, General Terms and Conditions of Purchase