Replacement of Rejected Products; Responsibility for Costs Clause Samples

Replacement of Rejected Products; Responsibility for Costs. Manufacturer shall, in Customer’s sole discretion, either (i) remanufacture such Rejected Products (in an agreed upon Batch order quantity, but in no event less than full Batch increments) with any Customer Materials to be provided by Customer at Customer’s cost, except for the cost incurred due to Manufacturer’s negligence or willful misconduct which shall be paid by Manufacturer, in the case of Products manufacturing services, repackage Products (including any conforming Customer Materials recovered from the Rejected Products, or otherwise provided by Customer, at Customer’s cost), or (ii) refund Customer for the manufacturing and packaging cost, if applicable, for such Rejected Products. If requested, Manufacturer shall make arrangements with Customer for the return or disposal of Rejected Products; Customer shall ship all Rejected Products to Manufacturer’s facility located at ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇ ▇▇▇ or to such other location as Manufacturer may instruct Customer in writing, and Manufacturer will reimburse Customer for shipping costs incurred. Manufacturer shall ship to Customer, at Manufacturer’s expense and risk of loss, the repaired or replaced Products to a location designated by Customer. If after Manufacturer requests in writing from Customer direction on how to dispose of Products, materials, equipment, samples or other items (belonging to the Customer) and is unable to obtain a response from Customer within [***] ([***]) days, Manufacturer may dispose of all such items and bill the Customer for such costs.
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Related to Replacement of Rejected Products; Responsibility for Costs

  • WHEREAS the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • NOW, THEREFORE the parties hereto agree as follows:

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written.