Defective Copies Clause Samples
Defective Copies. The purchase requirements set forth in this ---------------- Paragraph 3 shall not be subject to any returns by Video Update. * will exchange defective Copies for a working Copy of the same title. Defective Copies shall mean those videocassettes which are mechanically defective, mispackaged or contain extraneous material. Video Update shall report defective Copies to * promptly following discovery of such defect.
Defective Copies. 1.11.1. NMI warrants that CDs and DVDs shipped to Stream shall be substantially free of manufacturing defects as defined by NMI's then prevailing quality standards. In the event such CDs and DVDs should not conform to such NMI standards, Stream may return defective CDs and DVDs to NMI and NMI shall inspect such CDs and DVDs and, at Stream's discretion:
(a) credit Stream for returned defective CDs and DVDs in accord- ance with its prevailing practices; or
(b) replace the defective CDs and DVDs to satisfy the customer's order requirements unless otherwise specified by Stream.
1.11.2. Stream shall pay NMI $.01 for each CD and DVD returned to NMI as defective which, after inspection, NMI determines, subject to Stream's verification upon Stream's reasonable request:
(a) not to be a CD or DVD produced pursuant to this Agreement;
(b) not to be defective; or
(c) to be defective for a reason other than a manufacturing defect.
1.11.3. To the extent that Stream is required by its Customer to warrant the quality of a CD or DVD, then NMI will issue to Stream for transfer to the Stream Customer a mutually agreed warranty substantially in conformance with the warranty given by NMI to Stream for a period not to exceed 30 years.