Damaged Products. All damaged Products will be reported to Vendor’s customer service department and applicable credits will be issued within ten (10) days from date of notification of the damaged item.
Damaged Products. CHR shall be responsible for the cost of any Talecris Consigned Inventory that is damaged as a result of CHR actions, including, without limitation, improper storage, damage during packing, mishandling of Product, failure to label, pack, ship, or store Products in compliance with labeled manufacturer’s storage requirements, or for theft or shrinkage of Product that occurs while in CHR’s facilities or possession and control. CHR also shall be responsible for the cost of any Talecris Consigned Inventory that is: (i) shipped to the wrong address by CHR, or (ii) not packaged or shipped according to the mutually agreed upon shipping procedure. Payment to Talecris by CHR for Product that is lost or damaged while in CHR’s possession or care will be based on the then current wholesale price for the Product. CHR is not responsible for the cost of Product returned by Patients.
Damaged Products. All damaged Products will be reported to Vendor’s customer service department pursuant to Vendor’s returns policy on Attachment F and applicable credits will be issued pursuant to such policy.
Damaged Products. Licensee will not sell or distribute any Damaged Products and will use its reasonable best efforts to prevent the sale or distribution of Damaged Products by customers to consumers or others. Licensee will cause all relevant insurance policies maintained pursuant to Paragraph 8.1 below (a) to provide that the insurer will not sell or otherwise dispose of any Damaged Products in the insurer's possession or under its control without Masterfoods USA's prior written approval and (b) to authorize Masterfoods USA, at its option, to purchase any Damaged Products in the insurer's possession or under its control, at Licensee's cost therefor.
Damaged Products. Should Products sold to ABC be received in obvious damaged condition, ABC will note on the delivery slip the apparent damage and shall be entitled to promptly return the damaged Product to the Supplier. Damage will be reported promptly to Supplier’s customer service department to determine the disposition instructions. ABC shall use commercially reasonable efforts to conduct a reasonable inspection of Products received by it pursuant to this Agreement to determine if there is any damage to such Products that was not apparent at the time of delivery. In the event of concealed damage that could not have been identified by ABC’s inspection and is not caused by ABC’s handling, storage or transportation of the applicable product, ABC shall report such concealed damage with [***] from discovery. ABC shall hold such damaged Products for inspection by the insurer, the carrier, or Supplier’s designated representative for up to [***]. With respect to any Damaged Products that are not the result of ABC’s handling, storage or transportation of the Product, then ABC, shall be entitled to deduct any payments made for the applicable Damaged Product from amounts owing to Supplier and return the Product at the Supplier’s expense. Amounts deducted by, or credited back to, ABC for damaged products shall not be subject to the Primary Distribution Services Fee or the Return Allowance.
Damaged Products. Should MWI receive any Products in apparent damaged condition, MWI will note on the delivery slip the apparent damage and promptly notify Supplier. MWI will report any concealed damage or latent defects within 30 days of discovery. Supplier will credit MWI for such damaged Products at the invoice price within 30 days of MWI’s notification. MWI will hold such damaged Products for inspection by the insurer, the carrier, or Supplier’s designated representative for up to 30 days.
Damaged Products. If any Products should arrive at Purchaser's destination in a damaged condition or in an amount less than described in the Order, Purchaser should immediately report the damage or shortage to SWeNT. Any damage or shortage occurring in transit will be Purchaser's responsibility. Risk of loss shall pass to Purchaser upon delivery to a carrier at SWeNT's place of business in Norman, Oklahoma.
Damaged Products. Copies of the Licensed Products in MD's inventory ----------------- which are not in salable condition (as determined by MD in accordance with its standard terms and conditions and practice) shall.. at Company's election to be exercised within thirty (30) days of MD's request thereof, be returned to Company at Company's cost and expense (and pursuant to its shipping instructions), sold as damaged merchandise by Company7 . or destroyed at Company's sole cost and expense. Company shall be entitled to physically inspect the Licensed Products within the thirty (30) day period prior to making such election. Upon the failure of Company to provide instructions to MD within thirty (30) days following receipt of MD's notIce,N4D shall return such inventory to Company at Company's sole cost and expense. NO shall follow the same policies and practices regarding returned and/or dama2ed Licensed Products as it does for its own products and/or its other distributed lines. The distribution fees payable by Company to NO on any sale of the Licensed Products as damaged merchandise hereunder shall be based upon the mutual agreement of the parties, and any proceeds of such sale shall be paid to Company in accordance with the terms hereof.
Damaged Products. Visibly damaged Products noted at a Store at the time of delivery shall not be accepted and shall be treated as Distributor-caused Product shortages. If hidden damage is discovered after the Distributor's driver leaves, the Store manager or representative, upon such discovery, shall notify the Distributor's designated customer service representative, who shall provide a return item authorization number that will authorize the Distributor's driver on his next delivery to pick up the damaged Products for return to the Distributor. Subject to the Distributor's examination of the damaged Products upon their return and determination that the damage to such Products occurred before their delivery to the Store, such Products shall be deemed to be Distributor-caused Product shortages and the Distributor shall issue a credit to the Company therefore.
Damaged Products. Promptly upon the receipt of a shipment of Products, Distributor shall inspect the Products for damage or shortage. Within ten (10) calendar days of receipt of the shipment, Distributor shall notify Vendor of any damage or shortage. As soon as commercially practical after receipt of notice, Vendor shall make complete any shipment in short supply. Any Products damaged in shipment shall be returned to Vendor along with documentation of the damage within thirty (30) calendar days of receipt by Distributor, and Vendor will reimburse Distributor for the costs of freight reasonably incurred by Distributor in returning the Products to Vendor. If Vendor finds any Products returned for damage to not be damaged, Distributor shall be subject to a restocking fee equal to fifteen percent (15%) original purchase price of the non-damaged Products.
