RETURNS AND DESTROY-IN-FIELD Clause Samples

The RETURNS AND DESTROY-IN-FIELD clause outlines the procedures and conditions under which products can be returned or must be destroyed at their current location rather than being shipped back. Typically, this clause applies to goods that are defective, expired, or otherwise unsuitable for use, and may specify that the buyer is authorized to dispose of such items on-site, often with documentation or proof provided to the seller. Its core function is to streamline the handling of unusable goods, reduce unnecessary shipping costs, and ensure proper disposal, thereby protecting both parties from logistical complications and potential liability.
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RETURNS AND DESTROY-IN-FIELD. 4.1 Destroy-in-Field. Vendor agrees that I▇▇▇▇▇ Micro may participate with certain Retail Customers in a destroy-in-field program ("DIF Program") associated with the return of overstocked, obsolete and under­performing Retail Products failing to. meet the sales expectations of those Retail Customers as well as damaged and detective Retail Products, in both instances as solely determined by those Retail Customers. Vendor agrees to participate in the DIF Program as follows: (a) Upon determination by a Retail Customer to destroy-in-field certain Retail Products of Vendor, such Retail Customer will provide I▇▇▇▇▇ Micro with an inventory report describing such Retail Products by sku and quantity. Destruction of Retail Products will be at the Retail Customer's sole discretion in the form of immediate removal of such Retail Products from Retail Customer's shelves followed by destruction promptly thereafter. Vendor agrees that I▇▇▇▇▇ Micro may, at its option, DFI Vendor the appropriate cost of such Retail Products. (b) Notwithstanding anything to the contrary set forth in this Exhibit, all issues deemed to be in dispute by Vendor or Retail Customer, arising from or related to the operation of the DIF Program shall, as reasonably facilitated by I▇▇▇▇▇ Micro, be settled directly between Vendor and Retail Customer. In no event shall I▇▇▇▇▇ Micro be liable for any claims, actions or damages arising from the operation of the DIF Program.
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Related to RETURNS AND DESTROY-IN-FIELD

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  • Patent Filing Prosecution and Maintenance 7.1 Except as otherwise provided in this Article 7, the IC agrees to take responsibility for, but to consult with, the Licensee in the preparation, filing, prosecution, and maintenance of any and all patent applications or patents included in the Licensed Patent Rights and shall furnish copies of relevant patent-related documents to the Licensee. 7.2 Upon the IC’s written request, the Licensee shall assume the responsibility for the preparation, filing, prosecution, and maintenance of any and all patent applications or patents included in the Licensed Patent Rights and shall, on an ongoing basis, promptly furnish copies of all patent-related documents to the IC. In this event, the Licensee shall, subject to the prior approval of the IC, select registered patent attorneys or patent agents to provide these services on behalf of the Licensee and the IC. The IC shall provide appropriate powers of attorney and other documents necessary to undertake this action to the patent attorneys or patent agents providing these services. The Licensee and its attorneys or agents shall consult with the IC in all aspects of the preparation, filing, prosecution and maintenance of patent applications and patents included within the Licensed Patent Rights and shall provide the IC sufficient opportunity to comment on any document that the Licensee intends to file or to cause to be filed with the relevant intellectual property or patent office. 7.3 At any time, the IC may provide the Licensee with written notice that the IC wishes to assume control of the preparation, filing, prosecution, and maintenance of any and all patent applications or patents included in the Licensed Patent Rights. If the IC elects to reassume these responsibilities, the Licensee agrees to cooperate fully with the IC, its attorneys, and agents in the preparation, filing, prosecution, and maintenance of any and all patent applications or patents included in the Licensed Patent Rights and to provide the IC with complete copies of any and all documents or other materials that the IC deems necessary to undertake such responsibilities. The Licensee shall be responsible for all costs associated with transferring patent prosecution responsibilities to an attorney or agent of the IC’s choice. 7.4 Each party shall promptly inform the other as to all matters that come to its attention that may affect the preparation, filing, prosecution, or maintenance of the Licensed Patent Rights and permit each other to provide comments and suggestions with respect to the preparation, filing, prosecution, and maintenance of the Licensed Patent Rights, which comments and suggestions shall be considered by the other party.