Nonconforming Products. The total costs (including, without limitation, raw materials, packaging supplies, packing charges, proper disposal costs, product returns and recall costs) relating to the Products that do not comply with the Specifications, the Supplier Warranties or any other provision of this Agreement shall be the responsibility of Supplier. For purposes of clarification, if a Product is subject to a recall, the “total costs” of such recall would include, without limitation, all costs related to all Product units that are recalled (regardless of whether such units were conforming or non-conforming). If SCRIPSAMERICA believes that any Products do not comply with the Specifications, Supplier Warranties or any provisions of this Agreement, SCRIPSAMERICA shall notify Supplier of such nonconformance and, upon Supplier’s request, provide written details and deliver a sample of such nonconforming Products to Supplier. Supplier shall promptly notify SCRIPSAMERICA (and in any event within seven (7) calendar days) whether Supplier agrees that such Products are not in compliance. Supplier shall have the right to rework or dispose of nonconforming Products only with the written consent of SCRIPSAMERICA, which consent shall not be unreasonably withheld. Supplier shall replace any such nonconforming Products with conforming Products at Supplier’s expense within thirty (30) days after receipt of SCRIPSAMERICA's notice of nonconformity. Supplier shall be required to secure, deploy, and pay for all of the labor, materials and other resources (including, but not limited to, legal and regulatory advisors) necessary to address any Products that do not comply with the Specifications, the Supplier Warranties or any other provision of this Agreement, and SCRIPSAMERICA shall not be required to provide or make available to Supplier any labor, materials or other resources for any such purposes. If SCRIPSAMERICA and Supplier are unable to agree as to whether certain Products comply with the Specifications or the Supplier Warranties, the parties shall cooperate to have the Products in dispute analyzed by an independent testing laboratory of recognized repute selected by SCRIPSAMERICA and approved by Supplier, which approval shall not be unreasonably withheld or delayed. The results of such laboratory testing shall be final and controlling. The fees and expenses of such laboratory testing shall be borne entirely by the party against whom such laboratory’s findings are made.
Nonconforming Products. Seller shall control and physically segregate all nonconforming Products, or any material considered unacceptable for use in the manufacture of Products, from conforming Products and approved material in accordance with Legal Requirements. Seller shall immediately notify Hillrom of any nonconforming Product that was released for shipment to Hillrom or Hillrom’s designee(s) or customers and shall provide Hillrom with all investigation reports, quality reports, or other means of reporting Seller’s investigation process. For nonconforming Products that were released, Seller, in consultation with Hillrom, shall decide whether nonconforming Products should be destroyed or returned to Seller. Seller shall pay all expenses related to destroying or returning the Products. At Hillrom’s sole discretion, Hillrom may cancel any order or payment covering nonconforming Products or may elect to have Seller replace the nonconforming Product(s), and Seller shall pay all expenses related to such replacement.
Nonconforming Products. If at any time the Certified Product fails in more than an immaterial degree to conform to the standards and specifications that were the basis for the Certification, Licensee will immediately cease all use of the Certification Xxxx on its undistributed Certified Product units. Licensee will also notify all distributors and customers who may have noncompliant Certified Product units and advertising therefor bearing the Certification Xxxx if the WiMAX Forum requests that it do so.
Nonconforming Products. If at any time the Certified Product fails in more than an immaterial degree to conform to the standards and specifications that were the basis for the Certification, Licensee will immediately cease all use of the Certification Marks on its undistributed Certified Product units. Upon request of SunSpec Alliance, Licensee will also notify all distributors and customers who may have non-compliant Certified Product units and advertising therefore bearing any Certification Xxxx.
Nonconforming Products. Changes in the Products ordered shall not be accepted unless prior written authorization is given by BUYER to SUPPLIER. BUYER can refuse the Products supplied in excess of the quantities ordered or delivered earlier in respect to the convened terms, even if these Products have been received by BUYER. Partial deliveries are not allowed, except in case of prior written authorization by XXXXX. Any costs related to the return or transportation of Products that are defective or non-conforming shall be debited from any amounts due to the SUPPLIER.
Nonconforming Products. Buyer and Seller agree that if any Products delivered pursuant to the Purchase Order are nonconforming in any manner, Buyer may, at its option and without limiting its other remedies for a default under the Purchase Order: (a) reduce the quantities of Products ordered under the Purchase Order by any amount, (b) require Seller to replace nonconforming Products, (c) return to Seller, or dispose of without any liability to Seller, any nonconforming Products and receive full credit for the price of such Products and any costs associated with inspecting, sorting, and returning such Products, (d) either itself or through others, rework, correct or otherwise alter any such Products for the purpose of making them conforming or less nonconforming, or (e) exercise any other remedies available to it under the Purchase Order or applicable law. All Losses associated with any of the foregoing remedies will be the responsibility of Seller and may be deducted by Buyer from any amount due to Seller.
Nonconforming Products. (a) All Products shall be received by Buyer subject to Buyer’s inspection and acceptance or rejection. Buyer, at its option, may reject and return at Seller’s risk and expense, or retain, subject to a reasonable reduction in price, Products that fail to conform to the requirements of this Agreement, regardless of when the nonconformity becomes apparent to Buyer, or whether Buyer has made payment for such Products. Seller acknowledges that Buyer has no obligation to perform incoming inspections of Products and waives any right to require Buyer to conduct such inspections. Buyer’s acceptance, inspection, or failure to inspect, does not relieve Seller of any of its obligations, responsibilities or warranties, including without limitation its obligation to deliver conforming Products.
Nonconforming Products. Customer must return nonconforming wireless Products in accordance with Sprint’s return policy or Customer will be deemed to have accepted the Products. Customer may reject wireless Products or shipments that are visibly damaged or defective. Sprint will pay all reasonable ground transportation freight charges associated with returns under this Nonconforming Products Section.
Nonconforming Products. Changes in the Products ordered or partial deliveries shall not be accepted unless BUYER gives prior written authorization to SUPPLIER. BUYER can refuse Products (i) supplied in excess of or less than the quantities ordered, or (ii) delivered earlier than the agreed delivery date. Any rejected Products shall be returned to SUPPLIER at SUPPLIER’S risk and expense and BUYER may deduct such costs from any amounts due to SUPPLIER. If BUYER does not reject the Products and instead accepts the delivery of the Products, the price for the Products shall be adjusted on a pro-rata basis.
Nonconforming Products. Products are subject to Buyer’s inspection and acceptance at the times determined by Buyer in its discretion and notwithstanding Buyer’s receipt of or payment for Products. If Seller delivers defective or nonconforming Products, Buyer may, in its discretion, at Seller’s expense and without incurring liability to Seller, (a) return the Products, (b) purchase or manufacture similar products (and, in such case, Seller hereby grants Buyer a license to use Seller’s Intellectual Property Rights to accomplish the same), (c) retain the Products and reduce the price by Buyer’s damages, (d) repair or have the Products repaired, (e) require Seller to promptly replace or correct the Products, and/or (f) exercise any of Buyer’s other rights or remedies.
