Common use of RETURNS AND CLAIMS Clause in Contracts

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.

Appears in 1 contract

Sources: Agreement for Supply of Goods

RETURNS AND CLAIMS. ‌ (a) If the Customer does you do 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) a. with respect only to an alleged deficiency in the amount of Goods, within 7 days of the Delivery Time (as defined in clause 10).8); (ii) b. if the Claim was not reasonably identifiable at the deliveryDelivery Time, within 14 days of the earliest time that the Customer you could reasonably have become aware of the Claim, but in any event no later than 30 days following the Delivery Time: ; or (iii) c. otherwise within 14 days of the Delivery Time. the Customer is , you are deemed to have accepted the Goods and agree that the Supplier ▇▇▇▇▇▇ is released by the Customer you from any claim, action, or liability in respect of any such Claim. (b) . If the Customer advises the Supplier you advise ▇▇▇▇▇▇ 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 your cost within 14 days of the Customer you notifying the Supplier ▇▇▇▇▇▇ of the Claim, in the same condition condition, and packaging (if practicable), as they were delivered in. (c) The Customer agrees . You agree that from the delivery Delivery Time of the replacement Goods, the Supplier ▇▇▇▇▇▇ is released by the Customer you from any claim, action, or liability in respect of the Claim.

Appears in 1 contract

Sources: Standard Terms & Conditions of Sale