Damaged Product. 5.1 XXXX is entitled to reject any Product (or any component thereof) furnished by TULIP which is damaged. Promptly upon the receipt of a shipment of Products, XXXX shall examine the shipment to determine whether any item or items included in the shipment are in short supply, defective or damaged. Within 10 days of receipt of the shipment, XXXX shall notify TULIP in writing of any shortages, defects or damage, which XXXX claims existed at the time of delivery. Within 30 days after the receipt of such notice, TULIP will investigate the claim of shortages, defects or damage, inform XXXX of its findings, and deliver to XXXX Products to replace any which TULIP determines, were in short supply, defective or damaged at the time of delivery. Unless notice is given as provided in this Section, XXXX shall be deemed to have accepted such Products and to have waived all claims for shortages, defect or damage.
Damaged Product. Items damaged upon delivery due to loading/unloading or damaged during transportation may be refused with no fee.
Damaged Product. In the event Consignee is charged for Consigned Product damaged in store after delivery by Consignee, Consignee may seek forgiveness from such charges from Bakery pursuant to Bakery’s stale policy existing from time to time. If, in Bakery’s sole discretion, not to be unreasonably applied, Consignee demonstrates that Consigned Product was damaged in store after delivery and through no fault of Consignee, Bakery will provide stale forgiveness for such product pursuant to Bakery’s stale policy existing from time to time.
Damaged Product. Agent shall promptly and properly report to Principal if any of Principal’s products in Agent’s territory or Protected Accounts are damaged beyond sellable state. Initials: Principal Agent
Damaged Product. SELECT ONE OF THE BELOW OPTIONS TO INDICATE HOW TO HANDLE DAMAGED PRODUCT: ____x__ All warehouse product reclamation and credits for damages to the Product shall be processed through Buyer’s reclamation center in accordance with Buyer’s reclamation center’s operational procedures in place at the time. Buyer will charge Seller for all Products sent through the reclamation center (Damaged Product) in accordance with Buyer’s standard reclamation center policy in effect at the time Products are processed in the reclamation center. ______ In lieu of damages processed through the Buyer’s reclamation center, Seller will provide a Swell Allowance: Swell Rate ______% all for items (Please include attachment if various swell rates or swell rate applicable to only certain items) Payment Frequency: Monthly or Quarterly Payment Method: Check or Off Invoice ______ Direct Store Delivered Product damages will be processed and charged to Seller through the Price Chopper Dex system. ______ Not applicable because this Agreement concerns produce, corporate brands, seafood, deli, meat, floral, food service or bakery products. Certain confidential portions of this Exhibit were omitted by means of marking such portions with brackets (“[*****]”) because the identified confidential portions (i) are not material and (ii) would be competitively harmful if publicly disclosed.
Damaged Product a. Retail deliveries: For product damage identified at point of delivery, Trade Customer should refuse damaged product and note on the bill of lading (freight bill) any product not accepted. Not all carriers allow the product to remain on their trucks as they are pre-scheduled for additional loads. In this case, Whirlpool will take the product back, but instead of refusing damaged product and leaving it on the truck, please accept the product, note on the bill of lading (freight bill) the acceptance of the product, then call Whirlpool. You’ll request a return authorization and Whirlpool will dispatch a carrier to pick up the product and take it back.
Damaged Product. Paladin shall reimburse Bioniche its manufacturing costs to produce replacement Licensed Product for any order or shipment of Licensed Product that is damaged while in the possession or control of Paladin, its Affiliates, or sublicensees.
Damaged Product. CollaGenex acknowledges that it desires not to participate in NSS' "Freeze Watch" program related to shipment of products into certain climates. Therefore, NSS, at CollaGenex's direction, will ship Atridox and Atrisorb to customers, regardless of the weather conditions, and CollaGenex will bear the risk of loss with regard to such shipment of the products. As such, CollaGenex will reimburse NSS for the cost of product (including the applicable distribution fee) for all Atridox and Atrisorb damaged in transit to the customer due to weather conditions. NSS will document such incidents via the return code used to process the credit to the applicable customer. For shipments of Atridox and Atrisorb into "Freeze Watch" areas, NSS will upgrade the shipping to 8:30 a.m. delivery at a charge of $[**] per delivery to CollaGenex; provided, however, if the customer requests that the shipping be upgraded, any additional charge will be borne by the customer in accordance with NSS' standard terms and conditions of sale and not by CollaGenex. In addition, NSS will include Tempshield(TM) Self-Sealed Bubble pouches in the shipping containers for shipments of Atridox and Atrisorb into "Freeze Watch" areas at a charge to CollaGenex of $[**] per Tempshield(TM) pouch. Notwithstanding the upgraded delivery and addition of Tempshield(TM) pouches, CollaGenex shall continue bear the risk of loss with regard to the shipment of products damaged in transit to the customer due to weather conditions as set forth above.
Damaged Product i. The WMS must allow for input of a PLCB-designated code relative to damage.
Damaged Product
