Acceptance and Return of Products. Den-Mat shall, within a reasonable time after the receipt of each shipment of Products and receipt of all necessary documentation associated with each shipment (but in no event later than seven (7) days after receipt of such shipment), inspect the Products and, after such inspection, (a) accept the shipment as a whole (as to quantity and obvious damage of Products only), (b) reject the shipment as a whole or (c) reject the Non-Conforming Products and accept the rest; provided, however, that any acceptance by Den-Mat in accordance with clause (a) or clause (c) shall not preclude any warranty claims by Den-Mat. In rejecting any shipments either in whole or in part, Den-Mat shall notify Remedent in writing of the reason for the rejection and, at Remedent’s expense (including costs of shipment) return the Non-Conforming Products to Remedent for confirmation of the defect. With respect to any Non-Conforming Products, Den-Mat may, at its option, (i) return such Non-Conforming Product to Remedent at Remedent’s expense (including costs of shipment) for repair or replacement (at Remedent’s expense) or (ii) cancel the order and manufacture a replacement Product. If Den-Mat elects to manufacture a replacement Product, it shall credit against any amounts otherwise payable under this Agreement an amount equal to the price of such Product (and without having any obligation to pay Remedent for the Non-Conforming Product).
Acceptance and Return of Products. Buyer will inspect the Products immediately upon receipt. Unless Buyer provides Seller with written notice stating with specificity any defects, nonconformities or shortage relating to the Products within five (5) days after receipt of the Products, such Products will be deemed fully and finally inspected, checked and accepted by Buyer, and any such claims for defects, nonconformities or shortages will be waived by Buyer. Upon acceptance of Products, Buyer waives any right to revoke such acceptance for any reason, whether known or unknown to Buyer, at the time of acceptance. Buyer will be limited to any available remedies specifically provided in this Agreement under Section 10 for any defect or nonconformance in the Products after such acceptance. Seller has a reasonable period of time to cure any nonconformity. Products may not be returned without Seller’s prior written return authorization and, once authorized, Buyer may return the Products in accordance with instructions issued by Seller. Failure to follow Seller’s return procedures may result in lost Products, delays, additional service or restocking charges, warranty denial or refusal of a shipment. Seller has the right to reject Products returned without Seller’s approval.
