Defective Items Sample Clauses

Defective Items. If Supplier delivers Items (or provides Services) that do not conform to the warranty terms applicable to the Item(s) or Service(s) (a "Defective Item"), Applied shall give written notice (including notice by e-mail, facsimile or other electronic record) to Supplier's Customer Service Manager in Austin or Milpitas, as appropriate, of the Defective Item, and thereafter: (a) Supplier shall promptly correct, repair or replace, at Supplier's cost and expense, the Defective Item(s) without further notice from or demand by Applied. As to Services, Supplier's obligations include the prompt correction or re-performance of the Services and any work product or other deliverables. Supplier shall use the most expeditious commercially available means to effect repair, replacement or correction, including the provision of a new Item in lieu of repair. Applied may require repair, replacement or correction at Applied's facility. (b) If the failure constitutes or results in a Production Issue under Section 2.4, Supplier shall comply with that Section. If the failure is subject to Section 5.1.2, as applicable under this Agreement, Supplier shall comply with that Section of this Agreement. (c) If Supplier fails to comply with Section 2.4, where applicable, or if Supplier otherwise fails to promptly repair, replace or correct any Defective Item(s) or if Supplier repudiates, Applied may recover its damages resulting from such failure and may exercise all remedies available pursuant to the UCC (to include revocation of acceptance) and, as to Services and related deliverables, may recover its damages and exercise all remedies provided by law or equity. Applied may, as part of its recovery, include premium costs for expedited delivery. Where applicable, the procedures and limitations of (or, provided for through) Section 7.1.6, 7.2.2(e) and (f), and Article 21 of Exhibit 1 will apply to exercise, enforcement and recovery by Applied. (d) (i) Applied will utilize the procedures of this Section 7.2.2

Defective Items. Upon receiving an order, Customer shall promptly check for shipping damage or other defects. If damage occurred to the shipping and packaging containers (boxes, etc.), Customer should note the damage on the freight bill before signing the freight bill. If damage has occurred to the furniture during shipment, Customer must refuse the shipment and immediately notify BBF staff. Notification to BBF of hidden damage or problems shall be provided within three (3) business days of receipt. If damage is verified, BBF will repair, replace, or send new parts at our expense, in our sole and exclusive discretion. [Note: For shipping handled other than through BBF by a Third Party Shipper (“TPS”), the TPS shall be solely responsible for any occurring in transit, according to the policies of the TPS. BBF shall have no liability or responsibility for damage occurring through the acts or omissions of a TPS.]

Defective Items. Defective or expired products will be replaced by Contractor at no charge to the Government, unless the Government has misused, mishandled or caused damage or lost the product. There will be no re-stocking fees of any kind assessed upon the ▇▇▇▇▇ ▇ ▇▇▇▇▇▇ VA Medical Center. If an item is opened and is damaged or defective by the Contractor, then it shall be replaced by the Contractor at no charge to the Government.

Defective Items. Buyer may reject any item of the Platform or any part thereof which is found to be defective inferior in quality or not compliant to the Specifications. If an item of the Platform is rejected, Buyer may: (1) require Seller to remedy the defects at Seller's expense; in such event, the Commissioning period will re-start from the rectification of the defects; or (2) without prejudice to any other rights which Buyer may have against Seller, reject the Platform and cancel the Agreement or a purchase order in question. Any money paid by Buyer to Seller in respect of the Agreement or an order in question shall be refunded to Buyer with interest.

Defective Items. In the event of a product defect is found within 30 days upon receipt of the new product purchase, the customer has the option of returning the product by contacting Pure via email at ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or phone at +1 (866) ▇▇▇- ▇▇▇▇ for warranty service. For Defective items, you can contact Technical Support at +▇ (▇▇▇) ▇▇▇-▇▇▇▇. Such a defect, if any, is covered under the terms of the product’s warranty and the Contractor is responsible for working with the manufacturer on behalf of the Purchasing Entity to resolve the problem.

Defective Items. If Buyer determines that any goods, materials or services are defective, deficient, counterfeit, or nonconforming in any way, or are not otherwise as ordered, or if Seller otherwise breaches any term or condition of this order, then Buyer may, at its sole option, without liability and in addition to its other rights and remedies: (i) cancel any undelivered and unperformed portion of this order and any other order with Seller, (ii) reject or revoke acceptance of such defective or nonconforming items and require, at Buyer’s option, correction (at Buyer’s location) or replacement thereof, all at Seller’s expense, (iii) accept such items with an equitable adjustment in price or (iv) reject or revoke acceptance of such items and, at Seller’s risk and expense, hold them (pending Seller's shipping instructions) or return them and in either event charge Seller with the cost of inspection, storage, handling, transportation and any like expense. Correction or replacement of defective or nonconforming items (i) shall be made upon Buyer’s request in writing and (ii) shall be performed as promptly as possible, including use of overtime and all expedited procedures. Acceptance of all or part of any defective items, use thereof and/or payment therefor or failure to notify Seller promptly that such items are defective or nonconforming shall not constitute a waiver of or diminish any of Seller’s obligations or Buyer's rights and remedies under this order, at law or equity.