Concealed Damage Sample Clauses

Concealed Damage. 1. If the damage or shortage is not noticed until after the carrier’s representative has left the delivery site, please contact Northern Log Supply to let us know what was damaged and send us some pictures of the damage so that a claim can be filed with the carrier.
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Concealed Damage. Damage to Products in course of shipment from Lilly but not discovered on receipt is considered concealed damage and must be reported to a Lilly Customer Services Representative within thirty (30) days of receipt for credit to be issued.
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Concealed Damage. Claims for a manufacturing defect or concealed damage must be filed with OFD within 15 days of receipt of goods. The following documents are required to process your claim: • Digital photos • OFD claim form In order to send out an immediate replacement to fulfill your customer needs pending resolution of the claim, the following document is required: • A signed OFD Disclaimer regarding product responsibility Returns Due to the unlikelihood of damage, OFD discourages product returns. In the event a product return is found necessary, we will make every attempt to assist our customers to keep the product in the field. Please contact Customer Service for assistance with this service. If attempts to keep the product in the field are unsuccessful, OFD will allow returns on stock items only and issue a Return Merchandise Authorization (RMA) with the following stipulations: • A 30% restocking fee will apply • Freight charges are prepaid by dealer • Product has never been removed from original carton • Product must be returned within 30 days of RMA issue date • Credit will not be issued if product is returned damaged Credit will not be provided on any items returned without an RMA, or on merchandise that has been subject to freight damage, missing parts, usage or been removed from the original carton. Returns without a pre-authorized RMA will be refused. OFD will not be responsible for resolving damage and/or freight claims on returned product. Warranty Issues Claims for warranty issues must be filed with OFD. The following documents are required: • Original OFD invoice number • Detailed description of issues • OFD Claim Form • Digital photos Delivery Information All shipments are FOB point of shipment. Pricing is based on standard delivery (8 a.m. to 5 p.m. Monday through Friday). OFD reserves the right to select the most appropriate carrier and routing on all shipments. Orders requiring special delivery services (including but not limited to the following) will incur additional charges: • Drop shipping • Assembly charges • Inside delivery • Installation • Call before delivery • No dock delivery • Non-standard delivery time • Residential delivery • Lift gate truck General Information Prices shown are list prices for shipment within the OFD coverage area. Merchandise is billed at the prevailing price at time of order placement. Prices are subject to change without notice. Should a typographical error be found, we reserve the right to correct it. OFD reserves the ri...
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Concealed Damage. If you should discover damaged merchandise after the driver leaves, you must notify your USF Customer service representative within *** . Damaged or defective merchandise should not be disposed of unless directed to do so by USF. In the event this occurs, please indicate the following:
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Concealed Damage. If you should discover damaged merchandise after the driver leaves, you should notify your USF Customer Service Representative when placing your next order. Damaged or defective merchandise should not be disposed of as we may need to inspect. Please indicate the following:
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Concealed Damage. KXXXXX + NXXXX will notify Customer upon becoming aware of Products that are received in a damaged condition. Damaged Products will be segregated from undamaged Products and disposed of at the direction of Customer. Customer will provide materials to recover all Products that it wishes recovered. Charges for recouping will be pursuant to KXXXXX + NAGEL’s standard hourly rates.
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Concealed Damage. Open all shipments immediately. Northern Log Supply must be notified within 4 days of the date of delivery of any damage or shortage that is not noticed until after the carrier driver has left the delivery site. Damaged product will require pictures provided to Northern Log Supply no later than the end of day on the 4th day after delivery. The burden of proof is on the customer to clearly establish the extent and nature of the damage. Light scratches and abrasions on the merchandise that can easily be repaired through light sanding, rubbing, or other restoration technique are not considered damage and will not be eligible for filing a claim. Initial: Unloading Merchandise: Customer is responsible for unloading the entire shipment and is responsible for providing adequate machinery or manpower to safely unload the entire shipment in a timely manner. Liftgates and mofits not available. Initial:
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Concealed Damage 
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Related to Concealed Damage

  • Minor Damage In the event of loss or damage to the Property or any portion thereof (the “premises in question”) which is not “major” (as hereinafter defined), this Agreement shall remain in full force and effect provided Seller performs any necessary repairs or, at Seller’s option, reduces the cash portion of the Purchase Price in an amount equal to the cost of such repairs, Seller thereby retaining all of Seller’s right, title and interest to any claims and proceeds Seller may have with respect to any casualty insurance policies or condemnation awards relating to the premises in question. In the event that Seller elects to perform repairs upon the Property, Seller shall use reasonable efforts to complete such repairs promptly and the date of Closing shall be extended a reasonable time in order to allow for the completion of such repairs.

  • Landlord’s Damages In the event of any condemnation or taking as hereinabove provided, whether whole or partial, the Tenant shall not be entitled to any part of the award, as damages or otherwise, for such condemnation and Landlord is to receive the full amount of such award, the Tenant hereby expressly waiving any right or claim to any part thereof.

  • No Damage Any material loss, damage or destruction, whether covered by insurance or not, affecting Seller's business or properties;

  • Major Damage In the event of a “major” loss or damage, either Seller or Purchaser may terminate this Agreement by written notice to the other party. If neither Seller nor Purchaser elects to terminate this Agreement within ten (10) days after Seller sends Purchaser written notice of the occurrence of major loss or damage, then Seller and Purchaser shall be deemed to have elected to proceed with Closing, in which event Seller shall assign to Purchaser all of Seller’s right, title and interest to any claims and proceeds Seller may have with respect to any Casualty Policy (including, without limitation, proceeds of business interruption insurance) or condemnation awards relating to the premises in question. If Seller so assigns a casualty claim to Purchaser, the Purchase Price shall be reduced by an amount equal to the deductible amount under the applicable Casualty Policy. Upon Closing, full risk of loss with respect to the Property shall pass to Purchaser.

  • Latent Defects Notwithstanding anything to the contrary set forth herein, no acceptance, or deemed acceptance, by City pursuant to this Section shall be applicable with respect to any Latent Defects discovered within twelve (12) months after the applicable certificate of occupancy. An acceptance, or deemed acceptance, by City pursuant to this Section shall not mean that City has accepted, or the other party has been relieved of, responsibility for: (i) compliance with the Laws; (ii) the proper application of construction means or methods; or (iii) correcting any portion of the Project if it later is determined within twelve (12) months after a building’s certificate of occupancy that any portion of the Project is materially inconsistent with the Final Documents and Drawings.

  • Partial Damage In the event all or a portion of the Premises is partially damaged by fire, explosion, the elements, a public enemy, Act of God, or other casualty, but not rendered untenable, Company will give Authority immediate notice thereof, and Authority will make the repairs immediately, at its own cost and expense.

  • LOSS OR DAMAGE The Lessor shall not be liable for any death or injury arising from or out of any occurrence in, upon, at or relating to the City Market, or damage to property of the Lessee or of others located on the Leased Premises, nor shall it be responsible for any loss of or damage to any property of the Lessee or others from any cause whatsoever, except any such death, injury, loss or damage results from the negligence of the Lessor, its agents, servants or employees or other persons for whom the Lessor is in law responsible. Without limiting the generality of the foregoing, the Lessor shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain, flood, snow or leaks from any part of the Leased Premises or from the pipes, appliances, plumbing works, roof or subsurface of any floor or ceiling or from the street or any other place or other tenants or persons in the City Market or by occupants of adjacent property thereto, or the public, or caused by construction or by any private, public or quasi-public work. All property of the Lessee kept or stored on the Leased Premises shall be so kept or stored at the risk of the Lessee only and the Lessee shall indemnify the Lessor and save it harmless from any claims arising out of any damages to the same, including, without limitation, any subrogation claims by the Lessor’s insurers. In no event shall the Lessor be liable for any injury to the Lessee, its servants, agents, employees, customers and invitees or for any injury or damage to the Leased Premises or to any property of the Lessee, or to any property of any other person, firm or corporation on or about the Leased Premises caused by an interruption, suspension or failure in the supply of any utilities to the Leased Premises.

  • CONCEALED CONDITIONS 12.2.1 Should concealed conditions encountered in the performance of the Work below the surface of the ground, or should concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the Contract Documents or should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing structure of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract, be encountered, the Contract Sum shall be equitably adjusted by Change Order upon claim by either party made within twenty days after the first observance of the conditions.

  • LOSS AND DAMAGE The Landlord shall not be responsible or liable to the Tenant for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying all or any part of the premises adjacent to or connected with the Premises or any part of the building of which the Premises are a part, or for any loss or damage resulting to the Tenant or his property from bursting, stoppage or leaking of water, gas sewer or steam pipes or for any damage or loss of property within the Premises from any cause whatsoever.

  • Repair of Damage If the Premises shall be damaged by fire or other casualty, then Landlord shall proceed to repair and restore (subject to receipt of insurance proceeds) the Premises to its condition preceding the damage, subject to the provisions of this Article 10. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease, if such repairs and restoration are not in fact completed within Landlord's estimated time period, so long as Landlord shall have proceeded with reasonable due diligence. The Rent until such repairs shall be made shall be reduced in the proportion which the area of the part of the Premises which is not usable by Tenant bears to the total area of the Premises; provided, however, should Tenant reoccupy a portion of the Premises for the conduct of its business prior to the date such repairs are made, the Rent shall be reinstated with respect to such reoccupied portion of the Premises and shall be payable by Tenant from the date of such occupancy. Further, should Landlord, at its sole option, make available to Tenant, during the period of such repair, other space in the Building which is reasonably suitable for the temporary carrying on of Tenant's business, the Rent shall be reinstated with respect to such temporarily occupied space and shall be payable by Tenant from the date such space is occupied by Tenant. Whenever in this Article 10 reference is made to restoration of the Premises, (i) Tenant's obligation shall be as to all property within the Premises including Tenant's furniture, fixtures, equipment and other personal property, any and all Alterations, construction or other improvements made to the Premises by or on behalf of Tenant and any other leasehold improvements existing in the Premises on the date hereof, all of which shall be restored and replaced at Tenant's sole cost and expense and (ii) Landlord's obligation, if any, shall be as to the shell, which constitutes the structure of the Building and the mechanical, electrical, plumbing, air-conditioning and other building systems up to the point of connection into the Premises. Landlord's obligation to repair or rebuild, and Tenant's right to rent abatement, as described in this Article 10, are only effective provided the damage or destruction is not due to the intentional or negligent acts or omissions of Tenant, its agents, employees, licensees or invitees. During any period of Tenant's repair and restoration following substantial completion of a Landlord's repair and restoration work, Rent and additional rent shall be payable as if said fire or other casualty had not occurred.