Defective Merchandise Sample Clauses

Defective Merchandise. Notwithstanding the foregoing, "Merchandise" shall not include: (1) goods which belong to sublessees, licensees or concessionaires of Merchant; (2) goods held by Merchant on memo, on consignment, or as bailee; (3) furnishings, trade fixtures, equipment and improvements to real property which are located in the Stores (collectively, "FF&E"); or (4) Defective ---- Merchandise for which Merchant and Agent cannot agree upon a Cost Value.
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Defective Merchandise. During the Merchandise Warranty Period, at the election of Academy and in Academy’s sole discretion, Vendor will repair or replace any Defective Merchandise within the Repair or Replacement Period, or issue a refund or a credit for the purchase price of, any Defective Merchandise. Upon discovery of Defective Merchandise during the Merchandise Warranty Period, Academy will promptly provide to Vendor a written notice (“Notice of Defect”) with a request for repair, replacement or a refund or credit of the purchase price of the Defective Merchandise. If Vendor fails to repair or replace the Defective Merchandise within the Repair or Replacement Period, Academy shall continue to have the right to require replacement of the Defective Merchandise or a refund or credit of the full purchase price thereof. If Academy elects to obtain a replacement of the Defective Merchandise, Vendor will deliver the replacement Merchandise to a location designated by Academy. The costs and risk of loss or damage associated with delivering replacement Merchandise will be borne by Vendor. Replacement Merchandise delivered by Vendor will be subject to all of the terms of this Agreement as it relates to Merchandise and a new Merchandise Warranty Period will take effect with respect to the replacement Merchandise. Academy will return Defective Merchandise to Vendor or to a place designated by Vendor within a reasonable period after Vendor’s receipt of the Notice of Defect. The costs and risk of loss or damage associated with shipping Defective Merchandise to Vendor will be borne by Vendor. Refunds or credits issued for the purchase price of any Defective Merchandise will be issued within ten Days after Vendor’s receipt of the Defective Merchandise. If Vendor replaces Merchandise or issues a refund or credit to Academy pursuant to a Notice of Defect and Vendor subsequently certifies in writing to Academy and demonstrates to Academy’s reasonable satisfaction that either (i) the returned Merchandise is not defective or (ii) any of the conditions to the Merchandise Warranty specified in subsection 6.1(e)(ii) or (iii) were not satisfied, then Vendor will return the Merchandise to Academy, and Academy will pay for the replacement Merchandise as if it were purchased pursuant to the terms of this Agreement. The Merchandise Warranty Period shall not apply to limit Vendor’s responsibility for the repair, replacement or refund of the purchase price of any Merchandise with respect to which a defect...
Sample 1
Defective Merchandise. Vendors shall provide to Distributor a one (1) year warranty on all equipment sold to Distributor. The first ninety (90) days will be a full parts and labor warranty on all equipment and parts sold to Distributor and a remaining nine (9) month warranty on all parts and equipment, excluding labor costs.
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Defective Merchandise. Products received that are not in working order may be returned within 10 days for a replacement. For return of defective merchandise, please contact AMK with the model number, serial number, and specific details regarding the product’s defect.
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Defective Merchandise. If merchandise sold under this agreement is determined to be defective and returned by the customer, all associated return costs such as packaging, shipping, and restocking, will be granted to HEMPd in the form of credit from Buy DMI, Inc. These credit issuances will be submitted in the form of a Flat, XLS, CSV, Text, or Word file; whenever Buy DMI, Inc. requests similar credits for their package delivery company. Items Not in Compliance: Buy DMI, Inc. is fully absolved from any responsibility, obligation, or duty, with respect to any item that does not comply with what Buy DMI, Inc. reasonably expected to receive. The company utilizing Buy DMI, Inc.’s services noted under this contractual agreement shall be solely responsible for all costs involved in removing any non – conforming goods from Buy DMI, Inc.’s facility. Integration Clause: This Agreement, along with any exhibits, appendices, addenda, schedules, and amendments hereto, encompasses the entire agreement of the parties, and supersedes all previous understandings and agreements between the parties, whether oral or written. The parties hereby acknowledge and represent, by affixing their signatures hereto, that said parties have not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in this Agreement, made by or on behalf of any other party or any other person or entity whatsoever, prior to the execution of this Agreement. The parties hereby waive all rights and remedies, at law or in equity, arising or which may arise as the result of a party’s reliance on such representation, assertion, guarantee, warranty, collateral contract or other assurance, provided that nothing herein contained shall be construed as a restriction or limitation of said party’s right to remedies associated with the gross negligence, willful misconduct or fraud of any person or party taking place prior to, or contemporaneously with, the execution of this Agreement.
Sample 1
Defective Merchandise. NRTC shall notify Company as soon as reasonably practicable of any defective Contract Products sold and delivered by Company to NRTC. NRTC shall allow Company the opportunity to inspect any defective Contract Products at NRTC's premises, and, if requested by Company, shall return any defective Contract Products to Company at Company's expense. In the event that Company determines in its sole discretion that the defects in any such defective Contract Products were not caused by NRTC or others after the shipment of the same by Company to NRTC, Company shall, at its option, either provide NRTC with a refund or credit for the purchase price paid by NRTC to Company for or exchange such defective Contract Products.
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Defective Merchandise. Merchandise with material manufacturing faults will gladly be credited or exchanged provided that:
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Related to Defective Merchandise

  • DEFECTIVE GOODS 20.1 Notwithstanding any certificate and/or receipt that may have been issued by or on behalf of Transnet either in South Africa or overseas, Goods will be accepted at the place of delivery or at the port of shipment, as specified in this Agreement, only as regards outward condition of packages and Transnet retains the right to reject the Goods supplied, on or after arrival at the place to which they are consigned, or after they have been placed in use in South Africa, should they be found defective.

  • Defective Products None of the Group Companies has manufactured, sold or supplied products which are, or were, in any material respect, faulty or defective, or which do not comply in any material respect with any representations or warranties expressly made by such Group Company, or with all applicable regulations, standards and requirements.

  • Merchandise Programs, T-shirts, souvenirs, posters, novelty items, clothing apparel, and recorded media will be sold in the Centre only by BCEC Management or representatives nominated by it, unless BCEC Management agrees in writing to waive this condition. BCEC Management will retain 18% (including GST) of gross merchandise sales. All revenue derived from the sale of motion pictures, still photography, television or radio recordings, or other similar rights, is to be subject to a seperate agreement between Hirer and BCEC Management. 26 Additional Responsibilities In addition to its responsibilities under clause 7.1, Xxxxx must:

  • Defective Product Seller must guarantee a return for all defective products. a) Goods rejected by Buyer for whatever reason shall be held, transported and/or stored at Seller’s sole expense. Seller shall promptly reimburse Buyer for any such expenses. B) Defective product purchase COD will be returned COD to Seller or COD check will be cancelled, at Buyer’s discretion. c) Seller is responsible for all costs associated RoHS noncompliance returns and will accept a full return for all parts not meeting RoHS compliance criteria if necessary. d) Seller is 100% responsible for all monetary and/or rework costs associated with product failures in addition to any further cost whatsoever associated with product failures. e) If suspect parts/counterfeit parts are furnished under this agreement such parts shall be impounded by Buyer. Buyer may provide a sample batch Supplier for verification and authentication. In addition, Buyer reserves the right to send such items to the appropriate manufacturer and appropriate authorities for investigation. f) Seller shall be liable for all costs relating to impound, investigation, removal, or replacement of suspect/counterfeit parts.

  • Defective Work Work that, for any reason, is not in compliance with the Contract Documents. Defective Work is usually identified in a Notice of Non-Compliant Work.

  • Shipment Dell will ship the APEX System to the Site when included as part of the APEX Service. The terms and process for shipment and delivery of the APEX System will be stated in the applicable Service Offering Description.

  • Tooling Unless otherwise specified in this Agreement, all tooling and/or all other articles required for the performance hereof shall be furnished by Seller, maintained in good condition and replaced when necessary at Seller's expense. If NETAPP agrees to pay Seller for special tooling or other items either separately or as a stated part of the unit price of Goods purchased herein, title to same shall be and remain in NETAPP upon payment therefore.

  • Customer Equipment Customer represents and warrants that it owns or has the legal right and authority, and will continue to own or maintain the legal right and authority during the term of this Agreement, to place and use the Customer Equipment as contemplated by this Agreement. Customer further represents and warrants that its placement, arrangement, and use of the Customer Equipment in the Internet Data Centers complies with the Customer Equipment Manufacturer's environmental and other specifications.

  • Goods For purposes of the Contract, all things which are movable at the time that the Contract is effective and which include, without limiting this definition, supplies, materials and equipment, as specified in the Invitation to Bid and set forth in Exhibit A.

  • Consumables During the design phase, Purchaser may participate in the selection of suppliers of consumables of the Supplier. In such case, the choice regarding the final selection of the said suppliers shall be mutually agreed between the Parties. Two suppliers shall be identified and selected for each type of consumables.

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