Defective Units Clause Samples

Defective Units. A. Reseller and Packeteer agree that the procedure provided below for return and repair or replacement will be Reseller's exclusive remedy for any claim relating to any alleged defect or nonconformity in the Products, subject to the provisions of article 13 hereafter. B. Packeteer will repair or replace any Packeteer Product found defective by Reseller within 15 days of its shipment to Reseller and prior to its sale to the End User. 1) Unless Packeteer gives other instructions, the defective unit will be returned to Packeteer freight collect. Reseller must notify Packeteer that the unit is being returned and must obtain an RMA number. If an RMA number does not appear on the outside of all boxes returned to Packeteer, the shipment may be returned to Reseller at Reseller's expense. 2) Packeteer may inspect the unit to verify that it is eligible for repair or replacement. Such eligibility will be based solely on whether the unit is in fact defective and whether the claim is timely. Packeteer's approval will not be unreasonably withheld. 3) Packeteer will be entitled to determine at its discretion whether to repair or replace for the defective unit. 4) Packeteer will not repair or replace for units damaged from abuse or misuse (including improper storage), attempted repair by an unauthorized individual, or repossession. Reseller will reimburse Packeteer for freight for such units, or where no defects are found.

Defective Units. NSI will replace or repair any Product Package shipped to DISTRIBUTOR that is defective, provided that DISTRIBUTOR notifies NSI of each such defective Product Package within three (3) months after shipment. DISTRIBUTOR shall pay freight charges for the return of the defective Product Package to NSI. NSI shall prepay the freight charges on the return shipment to DISTRIBUTOR. A “defective” Product Package, for the purpose of this paragraph, means one, which fails to conform to the limited warranty attached as Schedule D. In no event shall NSI be responsible for any claim, loss, or consequential damages resulting from any defective product. COMPANY DISTRIBUTOR

Defective Units. NSI will replace or repair any Product Package shipped to VAR that is defective, provided that VAR notifies NSI of each such defective Product Package within * after shipment. VAR shall pay freight charges for the return of the defective Product Package to NSI. NSI shall prepay the freight charges on the return shipment to VAR. A “defective” Product Package, for the purpose of this paragraph, means one, which fails to conform to the limited warranty attached as Schedule “D”. In no event shall NSI be responsible for any claim, loss, or consequential damages resulting from any defective product.

Defective Units. INVENTORY PURCHASE -------------------------------------------------------------------------------- ----------- -------------- ----------- ------------ Sku Cost Count Value ------------------------- ----------- -------------- ----------- ------------ IRONS Iron $16.95 6,200 $ 105,090 ------------------------- ----------- -------------- ----------- ------------ 6,200 $ 105,090 =========== ============ Schedule 4.4 of the Disclosure Schedule List of all Real Property leased by Seller None. As of the commencement of the Seller's Bankruptcy Case, the Seller was not a party to any real property leases.

Defective Units not rejected by Buyer within five business days after receipt by Buyer, shall be deemed accepted by Buyer. Upon notification of rejection of any Defective Unit, Supplier will replace defective or nonfunctional parts. Supplier shall issue to Buyer a Return Material Authorization number (a "RMA") for any Defective Unit properly ----- rejected pursuant to the terms of this Section 3.2 (a "Rightfully ------------ ---------- Rejected Unit") within five days of receiving a request therefor. --------------- Supplier shall pay all shipping and handling costs for shipment of any Rightfully Rejected Unit and any replacement thereof. This Section 3.2 ----------- does not apply to products damaged by the freight carrier, accident, alteration or abuse. The title and risk of loss for any Rightfully Rejected Unit or replacement thereof shall pass upon receipt thereof of a party at such party's business location. If Buyer refuses or rejects units of the Products that meet the specifications set forth in Attachment 1 and that are not defective or damaged ("Conforming ------------ ----------- Units"), then Buyer shall pay all shipping and handling costs for ------ shipment of any Conforming Units from Buyer to Supplier and shall immediately pay to Supplier a sum equal to 20% of the purchase order price as a restocking fee. All

Defective Units. PDT will be responsible to replace any Units that do not remain in good working order ("Defective Units") for a period of 18 months from the date of the manufacture of the Units, provided that the given Unit was handled and used in a customary and ordinary manner. Whenever, during the relevant period, such a defect is discovered, TG will promptly notify PDT. TG will collect such defective Units and, upon collection of 100 such Units, PDT will be given a reasonable opportunity to examine (or have someone on its behalf) examining the Units. On each occasion that TG has in fact collected 100 Defective Units for which PDT is responsible, it will (after PDT has been given the opportunity for examination) dispose of the Defective Units, and PDT will then replace the Defective Units (the "Replacement Units"). The Replacement Units will be included together with the next delivery of Units to be made by PDT to TG with which it is reasonably possible to include such Replacement Units.