Nonconforming Products means any Products received by Buyer from Seller pursuant to a Purchase Order that: (a) do not conform to the Product identifier listed in the applicable Purchase Order; (b) do not fully conform to the Specifications; (c) exhibit obvious signs of damage to packaging or the Products, or (d) materially exceed the quantity of Products ordered by Buyer pursuant to this Agreement or any Purchase Order. Where the context requires, Nonconforming Products are deemed to be Products for purposes of this Agreement.
Nonconforming Products means Products that (i) do not meet the PO Specs to Cardinal’s satisfaction or (ii) cause Seller’s breach of the POT&C. Cardinal (or its designees), at any time, may inspect Products, and repair or replace any Nonconforming Products at Seller’s cost. Any inspections or remedial measures shall take place at a time and place satisfactory to Cardinal. Any payment or conditional acceptance by Cardinal for Products shall not to be construed or deemed as final acceptance by Cardinal. Acceptance or payment will not waive or limit any of Cardinal’s rights or remedies. In addition to any other of its rights or remedies at law or in equity, hereunder or otherwise, Cardinal may, in its sole discretion, and at Seller’s sole risk and expense, including, but not limited to, all shipping and handling costs (both ways), (i) return Nonconforming Products to Seller for full refund or credit, (ii) have Seller replace Nonconforming Products, (iii) have Seller repair Nonconforming Products, or (iv) accept Nonconforming Products conditioned on Seller refunding or crediting Cardinal an amount that represents diminished value of Nonconforming Products. For all Products under the PO, Seller provides, or shall be deemed to provide, the longest of the following: (i) a one (1) year warranty against defects in materials and workmanship, (ii) any warranty agreed to by Cardinal and Seller, or (iii) Seller’s standard warranty with respect to specific Products; the warranty period starts upon delivery and acceptance of Products by Cardinal.
Nonconforming Products means only the following: (i) the Products shipped are different from those identified in Buyer’s purchase order; or (ii) the labels or packaging of the items incorrectly identifies them. Buyer will inspect the Products within seven (7) calendar days following receipt thereof (the “Inspection Period”). The Products will be deemed accepted at the end of the Inspection Period unless Buyer notifies Seller in writing of any Nonconforming Products and furnishes Seller with written evidence or other documentation reasonable required by Seller.
Examples of Nonconforming Products in a sentence
Nonconforming Products returned to Supplier’s facility shall have all transportation, insurance, and handling charges (including return shipment to Buyer or its customer) prepaid by Supplier.
Risk of loss for Nonconforming Products will pass to Supplier when the Nonconforming Product is delivered to the carrier.
At Buyer’s request, Supplier will provide its shipping account number for shipping/receiving all Nonconforming Products and repaired or replacement Products to/from Supplier or, at Buyer’s discretion, Buyer may ship the Nonconforming Products using its carrier and assess a handling fee of 7% of the purchase price of each Nonconforming Product.
Seller shall pay for all recall costs arising out of or in connection with the Nonconforming Products.
In addition to the remedies noted in Section 8.4 above, Supplier will also promptly reimburse Buyer for all costs and expenses associated with replacements of Nonconforming Products, including those costs associated with all Field Engineer (FE) labor and material costs (labor + travel).
More Definitions of Nonconforming Products
Nonconforming Products means only the following: (i) the items shipped are different from those identified in Buyer’s purchase order; or (ii) the items shipped are materially damaged in such manner that Buyer cannot use the items. Buyer will inspect the Products within two (2) days following receipt thereof (the “Inspection Period”). The Products will be deemed accepted at the end of the Inspection Period unless Buyer notifies Seller in writing of any Nonconforming Products and furnishes Seller with written evidence or other documentation reasonable required by Seller.
Nonconforming Products means only the following: (i) product shipped is different than identified in Buyer's purchase order; or (ii) product's label or packaging incorrectly identifies its contents.
Nonconforming Products means only the following:
Nonconforming Products means when and if the Product shipped is different per quantity and type than identified in Datalogic acceptance of the Order.
Nonconforming Products means any good received by Distributor from Seller under a Purchase Order that: (a) is not a Product; (b) does not conform to the make and/or model number listed in the applicable Purchase Order; or (c) on visual inspection, Distributor reasonably determines are otherwise Defective.
Nonconforming Products means only the following: (i) goods shipped are different than identified in Buyer’s Order or do not otherwise meet the specifications set out in the accepted Order; or (ii) the quantity of goods shipped deviates by more than ten percent (10%) of the quantity identified in Buyer’s Order. If Buyer timely notifies Seller of any Nonconforming Products, Seller shall, in its sole discretion, after receiving Buyer’s shipment of alleged Nonconforming Products and Seller’s confirmation that such Products are Nonconforming Products, (i) repair or replace such Nonconforming Products with conforming Products, or (ii) credit or refund the Price for such Nonconforming Products, together with transportation charges in connection with the replacement Products. If Seller exercises its option to repair or replace Nonconforming Products, Seller shall, after receiving Buyer's shipment of Nonconforming Products, ship to Buyer, at Buyer's expense and risk of loss, the replaced Products. Buyer acknowledges and agrees that the remedies set forth in this Section are Buyer's exclusive remedies for the delivery of Nonconforming Products. Except as provided under this Section 6 Buyer has no right to return Products purchased under this Agreement to Seller without Seller’s prior written consent.
Nonconforming Products means any Products produced by Societal CDMO that: (a) do not conform to the Product Specifications for such Product; or (b) exceed the quantity of Products ordered by Client pursuant to this Agreement or Statement of Work. Where the context requires, Nonconforming Products are deemed to be Products for purposes of this Agreement.