Non-Returnable Products Sample Clauses
Non-Returnable Products. Return of Products that would have been subject to return under separate agreement or for Nonconforming Products, shall not be permitted to be returned for the following circumstances (each “Non-Returnable Products”). Non-Returnable Products will not be eligible for authorized return and Customer will neither receive credit nor be released from payment obligations in the event of an unauthorized return that is outside of the eligible return criteria set forth under separate agreement. For the avoidance of doubt, the following Products shall not be eligible for credit or replacement under the above, regardless of whether the Products otherwise satisfies the requirements in any of the sections previously specified:
i. Products that are not in their original packaging or container and/or not bearing its original label due to causes reasonably beyond HTWC’s control; or lot numbers or expiration dates are missing; unless
(a) a certification of return circumstances that would not require the return of physical Products (e.g., loss, damage, etc.) and proper disposal, if applicable, has been submitted and HTWC has approved and processed such certification or (b) Products are physically returned, but are damaged (at time of shipment by HTWC) making fulfillment of this requirement impossible;
ii. Products involved in a fire, flood, natural disaster, due to causes reasonably beyond HTWC’s control;
iii. Products that are in a deteriorated condition from improper storage due to causes reasonably beyond HTWC’s control;
iv. Products that have been repackaged due to causes reasonably beyond HTWC’s control;
v. Products purchased for research or clinical trials or shipped as a no cost item (e.g., physician sample, Products replaced through separate HTWC-approved Product replacement program, etc.); and/or
vi. Products damaged or rendered unusable due to mishandling or error due to causes reasonably beyond HTWC’s control.
Non-Returnable Products. IF SECARUS OR ITS DISTRUBUTORS DO NOT HAVE RETURN RIGHTS TO THE MANUFACTURER, THE PRODUCT IS NON-RETURNABLE. Additionally, end-of-life and Original Equipment Manufacturer (OEM) products cannot be returned.
Non-Returnable Products. Custom/modified products, upholstered replacement parts and custom vinyl orders are not returnable under any circumstances. Clearance items and demonstration equipment purchases are not returnable.
1. All non-disputed invoices on open account are due and payable as provided herein unless and until SELLER notifies BUYER of a change in its credit policy. If in SELLER’s judgment, the creditworthiness or future performance of BUYER is impaired, SELLER may suspend performance under the Contract and/or require prepayment by Positive Electronic Funds payment (wire transfer, ACH, etc.,) prior to any shipment of product. Prorated payments shall be due for partial shipments. Promptness of payments at the times they respectively fall due is of the essence of this contract and any failure or substantial delay in making any such payment shall constitute a material breach of contract, entitling SELLER at its sole option to any or all remedies for breach. Overdue accounts shall be subject to a monthly late charge on the unpaid balance at the maximum legal rate. Legal and collection fees incurred by SELLER for collection of any past due invoice are the responsibility of the BUYER.
2. If in SELLER’s sole opinion, BUYER becomes insolvent, its credit becomes impaired or it is unable to pay its debts as they become due, or if BUYER makes an assignment for the benefit of creditors, or if a receiver is appointed for BUYER or its property, or if SELLER reserves the right to accelerate the due date for any payment by BUYER hereunder or under any other contract with SELLER and to enforce any rights made available to creditors under applicable law, including, without limitation, the right to retake possession of the goods or to stop goods in transit and demand payment before delivery.
3. Any shipment date specified herein is based on SELLER’s best estimate and will not operate to bind SELLER to ship or guarantee deliveries on such date. Unless otherwise agreed in writing SELLER reserves the right to make partial shipment. Claims for shortage in quantity or damage in shipment shall be deemed waived unless presented in writing to SELLER within FOUR (4) days after delivery. SALES TAX
1. SELLER (Winco Mfg., LLC) is required by law to collect and remit state sales tax on any products for all non-tax-exempt BUYERs for the Ship to address. However, BUYER is responsible for any use tax due to the state in which they reside. Proof of valid Tax exempt and resale certificates will be requ...
Non-Returnable Products. Custom/modified products, upholstered replacement parts and custom vinyl orders are not returnable under any circumstances. • Clearance items and demonstration equipment purchases are not returnable.
Non-Returnable Products. All hose assemblies, hose cut to length, custom products, gaskets, kits, and customer modified parts and products are non-returnable / non- refundable.