Damage to Products Sample Clauses
Damage to Products for Property Damage to any Products where such damage is directly caused by a fault or defect in such Products; but this Exclusion shall be interpreted to apply with respect to damage to that part and only that part of such product to which the damage is directly attributable.
Damage to Products. (a) The Buyer must notify the Supplier in writing promptly after it forms the opinion that any Products delivered by the Supplier do the Buyer do not accord with the representations and warranties given by the Supplier under clause 5.2(c).
(b) If the Buyer gives the Supplier notice under clause 3.4
(a) it must:
(i) as far as reasonably practicable, preserve the Products the subject of the notice in the state in which they were delivered for 10 Business Days after it gives the Supplier the notice; and
(ii) during that period, allow the Supplier access to the Buyer's premises to inspect the Products the subject of the notice.
(c) If the parties agree that the Products the subject of the notice do not accord with the representations and warranties given by the Supplier under clause 5.2(c), then the Supplier must, at the option of the Buyer, accept the return of and replace or accept the return of and give a credit for the Products the subject of the notice.
(d) The parties agree that nothing in this clause 3.4 limits or must be construed as limiting the operation of clause 5 and that the rights of the Buyer under this clause 3 are additional to any other rights the Buyer may have as a purchaser of the Products.
Damage to Products. We" do not pay for "property damage" to "products" if the damage arises out of the "products" or their parts.
Damage to Products. Customer will be solely responsible for all losses resulting from damage to, contamination of or destruction of the Products (“Damaged Products”) from and after the time of receipt, including without limitation all risk of loss for any Products which are missing or damaged while in Customer’s possession, except that damage to instruments caused by reasonable wear and tear or Products with a manufacturing defect will be the responsibility of ▇▇▇▇▇▇ Biomet. ▇▇▇▇▇▇ Biomet will remove such Consigned Products from Customer’s possession at no cost to Customer. All other Damaged Products will be invoiced to Customer at the price indicated in the Attachment, and if not included in an agreement, at the then-current list price.
