Warranties and Returns Clause Samples

Warranties and Returns. 5.1 We warrant that the Goods will comply with the Specification or the Certificate of Analysis or Certificate of Conformity upon delivery. All warranties conditions and/or terms implied by law are excluded to the fullest extent permitted by law. For the avoidance of doubt, we do not warrant that the Goods will comply with parameters not specified in the Specification or the Certificate of Analysis or the Certificate of Conformity. 5.2 While we warrant that the Goods supplied will be within Specification or comply with the Certificate of Analysis or Certificate of Conformity depending on the terms agreed between the parties upon delivery we are not in a position to test products which we supply. You acknowledge and accept that we do not open the packaging of the Goods and inspect them prior to despatch. 5.3 You rely solely on your own skill and judgment in determining the suitability of the Goods for any particular purpose and the compliance of the Goods with local laws and regulations. You are solely responsible for ensuring that the Goods comply with local laws and regulations and that any performance requirement indicated in any documentation supplied by us in respect of the Goods is sufficient and suitable for your purpose. 5.4 Upon delivery or collection you will inspect the package/packaging. Where the package/packaging is/or appears to be damaged in any way then you must bring this to the attention of the deliverer. Where items are signed for on delivery or collection you must ▇▇▇▇ “package damaged” when signing for the item. 5.5 Immediately upon receipt you will properly inspect the Goods and shall notify us in writing within 3 days of delivery or collection if the Goods are damaged or do not comply with the Agreement provided, however, that such time period for inspection shall not apply to latent defects, which must be reported to us within ten (10) days after their discovery. All expenses or cost for the inspection shall be borne by you. If you fail to give notice of non-compliance within such inspection period, the Goods shall be deemed to be accepted Where a claim for defect or damage is made, after contacting us in accordance with Condition 5.4 you are under a duty to take care of the Goods until they have been returned to us or we have confirmed in writing that you may dispose of the damaged Goods in accordance with local regulations and laws. Once we have received the returned Goods and if the Goods are defective then we will either provide...

Warranties and Returns. Schedule 2. 12.1 to the Disclosure Memorandum sets forth the refund policies that pertain to the Company’s business, products or services. Schedule 2. 12.1 to the Disclosure Memorandum also discloses the amounts charged to “returns” from the Company’s operations on the Company’s books and records for the past three years. Other than as set forth on Schedule 2.12.1 to the Disclosure Memorandum, the Company has not made any express warranties in connection with the sale or license of products or services or the performance of services. Aggregate Claims against the Company for Warranty Costs with respect to products or services during each of the Company’s last three fiscal years did not exceed $25,000 per year, and there are no outstanding or, to the Knowledge of the Company, threatened, Claims for any such Warranty Costs that would individually exceed $10,000.

Warranties and Returns. Schedule 3.21 sets forth a summary of the ---------------------- practices and policies followed by the Company with respect to warranties and returns of any products manufactured or sold by it, whether such practices are oral or in writing or are deemed to be legally enforceable. Except as set forth on Schedule 3.21, there is not presently, nor has there been since December 31, 1999, any failure or defect in any product sold by the Company that has required, or will require, a general recall or replacement campaign or similar action with respect to such product or a reformulation or change of such product, nor has there been any acceptance of returned or defective goods of the Company in excess of $10,000 in the aggregate for all such transactions with respect to products sold by it since January 1, 2000.

Warranties and Returns. The Buyer is not assuming any obligations or liabilities with respect to product returns or product warranty claims relating to the operation of the Business prior to the Effective Time;

Warranties and Returns. Schedule 5.1.26 sets forth a summary of present practices and policies followed by the Sellers with respect to guarantees, warranties, and servicing of any products manufactured or sold and services rendered by it, whether such practices and policies are oral or in writing or are deemed to be legally enforceable. Except as set forth on Schedule 5.1.26, to the knowledge of the Shareholder and the Sellers, there are no written statements, citations, or decisions by any Person stating that any product actually sold by either Seller is defective or unsafe or fails to meet any standards promulgated by any such Person.

Warranties and Returns. 5.1 Subject to the conditions in this Clause 5, Goods sold in the UK mainland may be returned for a refund, exchange or replacement within 30 days provided they are returned unused, in a saleable condition and in their original packaging. Goods that have been opened, marked/soiled, damaged or used will not be entitled to a refund. Certain large or bulky items may also be subject to a restocking fee (usually £150). The carriage cost of returns is also chargeable for returned items. 5.2 Goods are guaranteed against defects in accordance with the terms of the Active Food Systems warranty or for 2 year from delivery unless otherwise stated. Goods reported faulty within the specified warranty period may be repaired, replaced or exchanged at Active Food Systems’s discretion. Parts and labour under this warranty are guaranteed in the UK mainland only. Warranties include all parts of the grills except ignitors, bar grills, burner caps and ceramic stone which all are not covered within the warranty except for manufacturing defect. Any manufacturing defects of these parts must be reported to Synergy Grill within 30 days from delivery. 5.3 Goods that are missing from delivery or damaged due to delivery must be reported to Active Food Systems within 48 hours of delivery. Large Goods such as Grills must be inspected by the Customer on delivery for damage and an acceptance of delivery docket completed noting any damage that resulted from delivery. 5.4 The warranties in this Clause 5 do not apply to any defect in the Goods caused by the fault, negligence or failure of the Customer to use the goods for their normal intended purposes or failure to adhere to manufacturer instructions (including storage, use in incorrect environment, maintenance and cleaning). Shelves, tray slides, castors and legs, fuses, keys, locks, glass, mains plugs and leads, hose connections and consumables are warranted to be free from defect on delivery only and any damage caused due to delivery must be reported to Active Food Systems within 24 hours to qualify for replacement, repair or refund at Active Food Systems’s discretion. Engineer call-outs and repairs carried out on non-warranty faults or defects may be subject to further charges including where the Customer has missed or is unduly late for an arranged call-out. No Goods will be sold on a ‘sale or return’ basis without prior written approval by Active Food Systems. Active Food Systems may in its reasonable discretion invalidate warranties ...

Warranties and Returns. 5.1 Change of mind returns may be rejected, refunded in whole or in part to the Customer at GoldenHOOD's discretion. Where a refund is accepted, goods delivered may be returned for a refund, exchange or replacement within 30 days provided they are returned unused, in a saleable condition and in their original packaging. Certain large or bulky items may be subject to a restocking fee. Certain Goods cannot be returned for hygiene purposes. Certain Goods such as knives must be returned in adequate postal packaging for health and safety reasons. The cost of returns may be refunded in whole or in part to the Customer at GoldenHOOD's discretion. 5.2 Goods that are damaged on delivery must be reported to GoldenHOOD within 24 hours. Large Goods such as fridges must be visually inspected by the Customer on delivery for damage and an acceptance of delivery docket completed noting any damage that resulted from delivery. Goods that are missing, delivered faulty or defective by GoldenHOOD may be replaced, repaired, refunded or exchanged at GoldenHOOD's discretion provided GoldenHOOD is informed in writing within 28 days. Certain Goods may be disposed of in accordance with GoldenHOOD safety instructions for replacement, refund or exchange with GoldenHOOD's prior approval. 5.3 Clauses 5.1 and 5.2 above do not apply to any defect in the Goods caused by the fault, negligence or failure of the Customer to adhere to manufacturer instructions. Engineer call-outs and repairs carried out on non-warranty faults or defects may be subject to further charges. No Goods will be sold on a 'sale or return' basis without the prior written approval of GoldenHOOD. 5.4 Statutory rights for Customers placing Orders under $40,000 as private consumers for personal, domestic or household use (as defined by law) are not affected.

Warranties and Returns. Without prejudice to any warranty express or implied, by law, Supplier expressly warrants and represents to Buyer that all Goods (including without limitation any labels, cartons, packaging and literature and any replacement or repaired Goods) to be supplied to Buyer shall be: a) of good quality, design, materials, construction and workmanship (at least to industry standards), and that all Goods are free from defects and conform strictly to any specifications or approved samples and all other requirements of the Agreement; b) are suitable for the intended purpose and do not violate any third party rights. This applies particularly to intellectual property rights such as trademarks, patents and design rights. c) comply with the requirements of all applicable laws, statutory rules, orders, regulations, UK, European and International standards, safety standards and testing and all other requirements, regulations or legislation (whether national or international) which apply to such Goods in particular and where applicable the Supplier will be responsible for ensuring that the Goods comply with the requirements of REACH, the EU regulation on the control of chemicals); d) have all necessary and accurate markings (including UKCA, CE and/or UKNI (as applicable)) labelling, safety and data sheets, licences, permits and consents; e) (where appropriate) accompanied by relevant advice sheets and/or clear instructions (to LKQE or any end-customer of LKQE) relating to any conditions of storage, assembly use or operation required for the Goods (including any environmental, operating or facilities requirements that need to be met); and f) unless otherwise agreed between the parties (in writing or by virtue of the Special Conditions), be free from any duties and/or tariffs (Customs Costs), and the Supplier shall indemnify the Buyer for any such Customs Costs in the event they are payable.

Warranties and Returns. The Customer must inspect Goods and Services on Delivery and must immediately upon Delivery notify The Pump House in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description, Order or quote or other grounds for rejection of the Goods and Services. Upon such notification the Customer must: