Common use of Nonconforming Product Clause in Contracts

Nonconforming Product. Upon delivery, Customer shall promptly inspect products for defects, loss or shortage. Customer must notify Ingevity in writing of any alleged breach of Ingevity’s obligations under this Section 10 and hold such products for Ingevity’s inspection. Customer does not have the right to reject nonconforming products to the extent that: (a) the products were not stored in normal warehousing conditions in the original packaging as delivered, (b) such products were exposed to temperatures less than 4.5 degrees Celsius or higher than 48.5 degrees Celsius, or (c) the products were used for purposes other than its approved and intended uses. Customer must provide to Ingevity all materials and documentation necessary for the investigation or resolution of any nonconforming product claims, including, but not limited to, product samples, weight tickets, and delivery and warehousing documents. In case Ingevity accepts the defective nature of the products, Ingevity will exercise its commercially reasonable efforts to, at its option, either replace at the original point of delivery (EXW (Incoterms 2010) Ingevity’s facility), or allow a credit for, any such nonconforming products as soon as reasonably possible. Nonconforming products properly and timely rejected by Customer will either be returned in accordance with Ingevity’s reasonable instructions and at Ingevity’s expense or disposed of by Customer in a manner authorized in advance and in writing by Ingevity. Products may in any case not be returned without prior written authorization from Ingevity. In case of loss or shortage of products, and without prejudice to Section 5, Ingevity will deliver the full quantity ordered. Ingevity’s remedial obligations under this Section 10 will expire unless Customer notifies Ingevity in writing of an alleged defect (i) in the case of a visible defect, immediately upon becoming aware of its existence and in any event within five (5) days after delivery and (ii) in case of a hidden defect, within five (5) days of becoming aware of its existence, and in any event within ninety (90) days from the date of delivery. Claims for loss or shortages will only be allowed if such loss or shortages are reported to Ingevity within ten (10) days from the date of delivery. Customer hereby waives all claims and actions not brought against Ingevity in accordance with this paragraph.

Nonconforming Product. Upon delivery, Customer shall promptly inspect products for defects, loss or shortage. Customer must notify Ingevity Exacto in writing of any alleged breach of IngevityExacto’s obligations under this Section 10 and hold such products for IngevityExacto’s inspection. Customer does not have the right to reject nonconforming products to the extent that: (a) that the products were not stored in normal warehousing conditions in the original packaging as delivered, (b) such products were exposed to temperatures less than 4.5 degrees Celsius delivered or higher than 48.5 degrees Celsius, or (c) the products were used for purposes other than its approved and intended uses. Customer must provide to Ingevity Exacto all materials and documentation necessary for the investigation or resolution of any nonconforming product claims, including, but not limited to, product samples, weight tickets, and delivery shipping and warehousing documents. In case Ingevity Exacto accepts the defective nonconforming nature of the products, Ingevity will exercise its commercially reasonable efforts toExacto will, at its option, either replace at the original point of delivery (EXW (Incoterms 2010) Ingevity’s facility), or allow a credit for, for any such nonconforming products as soon as reasonably possible. Nonconforming products properly and timely rejected by Customer will either be returned in accordance with IngevityExacto’s reasonable instructions and at IngevityExacto’s expense or disposed of by Customer in a manner authorized in advance and in writing by IngevityExacto. Products may in any case not be returned without prior written authorization from IngevityExacto. In case of loss or shortage of products, and without prejudice to Section 5, Ingevity Exacto will deliver the full quantity ordered. IngevityExacto’s remedial obligations under this Section 10 will expire unless Customer notifies Ingevity Exacto in writing of an alleged defect (i) in the case of a visible defect, immediately upon becoming aware of its existence and in any event within five (5) days after delivery and (ii) in case of a hidden defect, within five (5) days of becoming aware of its existence, and in any event within ninety (90) days from the date of delivery. Claims for loss or shortages will only be allowed if such loss or shortages are reported to Ingevity Exacto within ten (10) days from the date of delivery. Customer hereby waives all claims and actions not brought against Ingevity Exacto in accordance with this paragraph.

Nonconforming Product. Upon delivery, Customer shall promptly inspect products for defects, loss or shortage. Customer must notify Ingevity in writing of any alleged breach of Ingevity’s obligations under this Section 10 and hold such products for Ingevity’s inspection. Customer does not have the right to reject nonconforming products to the extent that: (a) the products were not stored in normal warehousing conditions in the original packaging as delivered, (b) such products were exposed to temperatures less than 4.5 degrees Celsius 40°F or higher than 48.5 degrees Celsius120°F, or (c) the products were used for purposes other than its approved and intended uses. Customer must provide to Ingevity all materials and documentation necessary for the investigation or resolution of any nonconforming product claims, including, but not limited to, product samples, weight tickets, and delivery shipping and warehousing documents. In case Ingevity accepts the defective nature of the products, Ingevity will exercise its commercially reasonable efforts to, at its option, either replace at the original point of delivery (EXW (Incoterms 2010) Ingevity’s facility), or allow a credit for, any such nonconforming products as soon as reasonably possible. Nonconforming products properly and timely rejected by Customer will either be returned in accordance with Ingevity’s reasonable instructions and at Ingevity’s expense or disposed of by Customer in a manner authorized in advance and in writing by Ingevity. Products may in any case not be returned without prior written authorization from Ingevity. In case of loss or shortage of products, and without prejudice to Section 5, Ingevity will deliver the full quantity ordered. Ingevity’s remedial obligations under this Section 10 will expire unless Customer notifies Ingevity in writing of an alleged defect (i) in the case of a visible defect, immediately upon becoming aware of its existence and in any event within five (5) days after delivery and (ii) in case of a hidden defect, within five (5) days of becoming aware of its existence, and in any event within ninety (90) days from the date of delivery. Claims for loss or shortages will only be allowed if such loss or shortages are reported to Ingevity within ten (10) days from the date of delivery. Customer hereby waives all claims and actions not brought against Ingevity in accordance with this paragraph.

Nonconforming Product. Upon delivery, Customer shall promptly inspect products for defects, loss or shortage. Customer must notify Ingevity Exacto in writing of any alleged breach of IngevityExacto’s obligations under this Section 10 and hold such products for IngevityExacto’s inspection. Customer does not have the right to reject nonconforming products to the extent that: (a) that the products were not stored in normal warehousing conditions in the original packaging as delivered, (b) such products were exposed to temperatures less than 4.5 degrees Celsius delivered or higher than 48.5 degrees Celsius, or (c) the products were used for purposes other than its approved and intended uses. Customer must provide to Ingevity Exacto all materials and documentation necessary for the investigation or resolution of any nonconforming product claims, including, but not limited to, product samples, weight tickets, and delivery shipping and warehousing documents. In case Ingevity Exacto accepts the defective nonconforming nature of the products, Ingevity will exercise its commercially reasonable efforts toExacto will, at its option, either replace at the original point of delivery (EXW (Incoterms 2010) Ingevity’s facility), or allow a credit for, for any such nonconforming products as soon as reasonably possible. Nonconforming products properly and timely rejected by Customer will either be returned in accordance with IngevityExacto’s reasonable instructions and at IngevityExacto’s expense or disposed of by Customer in a manner authorized in advance and in writing by IngevityExacto. Products may in any case not be returned without prior written authorization from IngevityExacto. In case of loss or shortage of products, and without prejudice to Section 5, Ingevity Exacto will deliver the full quantity ordered. IngevityExacto’s remedial obligations under this Section 10 will expire unless Customer notifies Ingevity Exacto in writing of an alleged defect (i) in the case of a visible defect, immediately upon becoming aware of its existence and in any event within five (5) days after delivery and (ii) in case of a hidden defect, within five (5) days of becoming aware of its existence, and in any event within ninety (90) days from the date of delivery. Claims for loss or shortages will only be allowed if such loss or shortages are reported to Ingevity within ten (10) days from the date of delivery. Customer hereby waives all claims and actions not brought against Ingevity in accordance with this paragraph.five