RETURNS AND CLAIMS Clause Samples

RETURNS AND CLAIMS. ‌ (a) If the Customer does not advise the Supplier in writing of any alleged deficiency in the amount of, damage to, or defect in, any Goods or failure of the Goods to comply with the Agreement (each a Claim): (i) with respect only to an alleged deficiency in the amount of Goods, within 7 days of the Delivery Time (as defined in clause 10). (ii) if the Claim was not reasonably identifiable at the delivery, within 14 days of the earliest time that the Customer could reasonably have become aware of the Claim, but in any event no later than 30 days following the Delivery Time: or (iii) otherwise within 14 days of the Delivery Time. the Customer is deemed to have accepted the Goods and agree that the Supplier is released by the Customer from any claim, action, or liability in respect of any such Claim. (b) If the Customer advises the Supplier in writing of a Claim within the applicable time period stated above the Supplier may, in its absolute discretion, provide replacement Goods provided that the Goods to which the Claim relates are first returned to the Supplier, at the Customer’s cost within 14 days of the Customer notifying the Supplier of the Claim, in the same condition as they were delivered in. (c) The Customer agrees that from the delivery of the replacement Goods, the Supplier is released by the Customer from any claim, action, or liability in respect of the Claim.

RETURNS AND CLAIMS. If the bank on which a check is drawn (“Payor Bank”) returns an Item to us unpaid, we will charge your Account for the returned Item and your Account will be charged a returned check (deposit item) fee based on our current schedule of fees and charges. In that case, we may either (i) return the Item to you, or (ii) re- present the Item to the Payor Bank before returning it to you. However, we have no obligation to re-present or retransmit a returned Item. We may return Items in any form we choose. We will notify you of our receipt of any returned Item using whatever means we deem appropriate no later than one Business Day after the Business Day of our receipt. We will have no liability to you if we reject or return any Image or Item or fail to give notice to you at an earlier time. If a Payor Bank or other third party makes a claim against us or seeks a re-credit with respect to any Item, we may provisionally freeze a like amount in your Account pending our investigation and resolution of the claim. We will have no liability to you for doing so.

RETURNS AND CLAIMS. In the event Buyer discovers non-conforming Products, which Buyer properly used for the purpose for which sold, Seller shall, at Seller's sole and exclusive discretion, either repair, replace or credit Buyer for the price of such non-conforming Product upon receipt of same from Buyer; provided, however, Seller shall not be liable for any claims for labor or consequential damages and Products may not be returned except by permission of Seller. These remedies are the exclusive remedies of Buyer. Products will not be accepted for return or credit unless so authorized by Seller. Except for non-conforming Products, any Products returned for credit will be subject to handling charges covering necessary re-inspection and restocking. Claims for shortage must be made in writing within ten (10) days after receipt of the Purchase Order subject to this Agreement. Seller accepts no responsibility for breakage, damage or losses occurring after delivery by Seller to carrier, to which all such claims must be referred directly.

RETURNS AND CLAIMS. If a drawee financial institution (“Payor Bank”) returns an Item to us unpaid, we will charge the Account for the returned Item, and may either (i) return the Item to you, or (ii) re-present the Item to the Payor Bank before returning it to you. However, we have no obligation to re-present or retransmit a returned Item. We may return Items in any form we choose. We will notify you of our receipt of any returned Item using whatever means we deem appropriate no later than one Business Day after the Business Day of our receipt. We will have no liability to you by reason of the rejection or return of any Image or Item or the fact that we did not give notice to you at an earlier time. If a Payor Bank or other third party makes a claim against us or seeks a recredit with respect to any Item, we may provisionally freeze or hold-aside a like amount in the Account pending our investigation and resolution of the claim. We will have no liability to you for doing so.

RETURNS AND CLAIMS. (1) The Customer is entitled to return a faulty Product. However, Miami Stainless do not provide refunds or replacements if the Customer changes its mind. The Customer can choose a refund or exchange if a Product has a major fault. If the fault is minor, Miami Stainless may elect to give the Customer a free repair instead of a replacement or refund. (2) In the event of incorrectly supplied Products, Miami Stainless will replace the Products supplied with the Products ordered. Where the correct Products are unable to be supplied Miami Stainless will reimburse the Customer for the cost of the incorrectly supplied Products. (3) You are responsible for returning the Product to Miami Stainless. Products will only be accepted for credit if returned within 45 days of date of delivery and must be accompanied by a request for credit quoting the original invoice and/or delivery docket number, the purchase Order number, date and reason for return. (4) Prior notification of the return of Products is required, at which point a returns and claims number will be allocated which must be quoted at the time of the return. The acceptance of such Products does not imply an agreement to issue a credit note. Products are subject to inspection and approval and will attract a 10% or $20.00 (whichever is greater) handling and restocking charge. Freight will be at the expense of the Customer unless the Products were supplied incorrectly. (5) No credit will be allowed for: (a) Products outside of our normal stock range which have been specially sourced at the Customer's request. (b) Products which have been specially manufactured or cut to the specifications of the Customer. (c) Products which have been used, modified, or damaged. (d) Products with an alleged deficiency or discrepancy where the Customer has failed to open and check all items supplied within 14 days of delivery and report such a claim to Miami Stainless within 14 days.

RETURNS AND CLAIMS a. The returns policy set forth at ▇▇▇▇▇://▇▇▇▇▇▇▇.▇▇▇▇▇.▇▇▇/s/article/americas-returns- policy shall apply. b. Goods that are sold on a ‘firm sale’ basis as indicated on the relevant invoice or as otherwise agreed in writing are non-returnable. c. Retail and Wholesale customers are responsible for all returned freight costs. d. Customers shall return the title page for claims for mis-bound books to be accepted by Wiley. Unless otherwise specified, fully copy returns are required. e. To ensure returned Goods are received by Wiley in saleable condition, the Customer shall use quality cartons and packaging. Wiley will not issue credits for Goods received in non- saleable condition or return any such Goods to Customer. f. Customer shall ship returns to the location identified by Wiley at the time the return is authorized. ▇. ▇▇▇▇▇ shall pay for freight of authorized no-fault returns by its nominated carrier. Wiley shall not accept any liability for cost of freight by any other carrier. h. As soon as any of the facts or matters which form any part of any claim of complaint whatsoever become known to the Customer, the Customer shall within twenty-one (21) days from the date of invoice, notify Wiley and prior authorization shall be obtained for no-fault returns. Claims received after this time will not be considered for credit. ▇. ▇▇▇▇▇ shall not be liable in any circumstances for any defects or damages caused in whole or in part by misuse, abuse, neglect or alteration (other than by Wiley) or accident and Customers who dispute any account must nonetheless pay all other undisputed accounts. ▇. ▇▇▇▇▇ shall credit Customer 100% of credit if merchandise is deemed saleable and as long as the return is accompanied by invoice information.

RETURNS AND CLAIMS. Any claim must be received within 7 days of delivery to you, otherwise the Order will be deemed to have been delivered correctly in all respects and accepted by you.

RETURNS AND CLAIMS. 5.1 Buyer is obliged supplied at the time (off) delivery, but in any case within 8 days after (ex) delivery (do). In addition, buyer must examine the quality and quantity of the delivered goods comply with what was agreed; 5.2 If the purchaser is shown a model, then the suspect only as an indication to be displayed without the item having to meet, unless expressly agreed that the item will match; 5.3 Any visible defects within 8 days after delivery vendor to be reported; 5.4 If, due to time gereclameerd the previous paragraph, buyer to accept and pay for the items purchased. If buyer wishes to return defect goods, he shall with the prior written consent of Seller in the manner specified by the vendor; 5.5 Purchaser must give the vendor to allow the complaint to (do).