Incorrect Shipment definition

Incorrect Shipment is a shipment that includes items (i) that Quest Diagnostics did not order; (ii) shipped in duplicate; (iii) shipped in excess of the amounts specified in an Order; (iv) that have no expiration date, if they should have an expiration date; or (v) are “Short Dated” and Quest Diagnostics did not agree in advance to receive Short-Dated items.
View Source

Examples of Incorrect Shipment in a sentence

  • Quest Diagnostics or the Eligible Purchaser, as applicable, will incur no liability by complying with «Oxford Immunotec »’s directive or recommendation in disposing of the Incorrect Shipment.

  • If «Oxford Immunotec » directs Quest Diagnostics or an Eligible Purchaser to dispose of the Incorrect Shipment, Quest Diagnostics or the Eligible Purchaser may dispose of the Incorrect Shipment in the most appropriate manner taking into account any Applicable Laws or recommendation by «Oxford Immunotec ».

  • If Quest Diagnostics or the Eligible Purchaser opts to have «Oxford Immunotec » replace the Incorrect Shipment, «Oxford Immunotec » is responsible for the shipping charges Quest Diagnostics or the Eligible Purchaser incurs in replacing the Incorrect Shipment.

  • If Quest Diagnostics or the Eligible Purchaser disposes of the Incorrect Shipment as directed or as recommended by «Oxford Immunotec », «Oxford Immunotec » must indemnify and defend Quest Diagnostics or the Eligible Purchaser, as applicable, against third party claims arising out of or relating to Quest Diagnostics’ disposal of the Incorrect Shipment.

  • Unless «Oxford Immunotec » directs Quest Diagnostics or the Eligible Purchaser to dispose of the Incorrect Shipment, Quest Diagnostics or the Eligible Purchaser, as applicable, will return the Incorrect Shipment to «Oxford Immunotec » at «Oxford Immunotec »’s expense.

  • If requested, at Quest Diagnostics’ or the Eligible Purchaser’s option, «Oxford Immunotec » will promptly replace Incorrect Shipments or refund to Quest Diagnostics or the Eligible Purchaser any amounts paid for the Incorrect Shipment.

  • If it does not (each an “Incorrect Shipment”), you may advise us in writing and we will, at your election, either: (i) remedy the Incorrect Shipment by delivering the correct quantities or brands at our cost and expense; or (b) accept return of the applicable portions of the Incorrect Shipment and, upon receipt of the return, credit or refund (in our discretion) the amounts therefor.

  • If Quest Diagnostics or the Eligible Purchaser, as applicable, does not notify «Oxford Immunotec » within the specified time that the Ship-to Location rejects all or part of the Incorrect Shipment, the Products shall be deemed to be accepted by Quest Diagnostics or the Eligible Purchaser (“Acceptance”).

  • Your failure or refusal to accept delivery of a shipment for any reason other than Incorrect Shipment will not relieve you of your obligation to pay.

  • Quest Diagnostics and Eligible Purchasers have the right to inspect Products upon their arrival at a Ship-to Location and has [***] after receiving them to reject all or part of the shipment as an Incorrect Shipment.