Nonconforming Goods means only the following: (i) product shipped is different than identified in Buyer's purchase order; or (ii) product's label or packaging incorrectly identifies its contents.
Nonconforming Goods means only the following:
Nonconforming Goods means not conforming to the Product Warranty under Section 8.1 or any Goods received by Buyer from Seller pursuant to a Purchase Order that do not conform to the agreed upon specifications in the corresponding Xxxx of Materials for the applicable Purchase Order. Where the context requires, Nonconforming Goods are deemed to be Goods for purposes of this Agreement.
Examples of Nonconforming Goods in a sentence
Nonconforming Goods will be returned to Seller freight collect and risk of loss will pass to Seller upon COMPANY’s delivery to the common carrier.
Buyer shall ship, at its expense and risk of loss, the Nonconforming Goods to Seller's facility located at 0000 Xxxx Xx, Xxxxxxx, XX 00000.
Xxxxx will be deemed to have accepted the Goods and all Goods conform with the order unless Xxxxx notifies Seller in writing, within two (2) days from the date of receipt, of any Nonconforming Goods and furnishes such written evidence or other documentation as required by Seller, including but not limited to photos.
Seller may, in its sole discretion, (i) replace such Nonconforming Goods with conforming Goods, or (ii) credit or refund the Price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith.
If Seller exercises its option to replace Nonconforming Goods, Seller shall, after receiving Buyer's shipment of Nonconforming Goods, ship to Buyer, at Buyer's expense and risk of loss, the replaced Goods to the Delivery Point.
More Definitions of Nonconforming Goods
Nonconforming Goods means any goods received by Buyer from Seller pursuant to an Order that: (i) do not significantly conform to the specifications listed in the applicable Order; or (ii) materially exceed the quantity of Goods ordered by Buyer pursuant to this Agreement or any Order. Where the context requires, Nonconforming Goods are deemed to be Goods for purposes of this Agreement.
Nonconforming Goods means any goods that fail to conform in any respect to one or more of the warranties set forth in Section 8 or any other requirement of this Order.
Nonconforming Goods means only the following: (i) Goods shipped are different than identified in this Agreement; (ii) Goods’ label or packaging incorrectly identifies its contents; or (iii) Goods not in accordance with Section 9 of these Terms. If Buyer timely notifies Seller of any Nonconforming Goods, Seller shall, at its election, (i) replace such Nonconforming Goods with conforming Goods, or (ii) credit or refund the Price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the Nonconforming Goods to Seller’s Facility identified by Seller. If Seller exercises its option to replace Nonconforming Goods, Seller shall, after receiving Buyer’s shipment of Nonconforming Goods, ship to Buyer, at Buyer’s expense and risk of loss, the replaced Goods to the Delivery Point. Xxxxx acknowledges and agrees that the remedies set forth in this Section 4 are Xxxxx’s exclusive remedies for the delivery of Nonconforming Goods. Except as provided under Section 5, all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.
Nonconforming Goods means Goods that at the time of delivery fail to meet the limited warranty set forth below. Defective Goods and goods delivered in error may be returned to Crow Works only after receipt of a Return Authorization Number from Crow Works. Unless otherwise agreed to in writing by an authorized representative of Crow Works, you are solely responsible for the cost and coordination of return shipment. Shipping charges are non-refundable. Crow Works warrants to you, as the original purchaser, that at the time of delivery the Goods shall conform to the specifications set forth in the applicable Quote or Confirmation, and if no such specifications exist, Crow Works’ published specifications for such Goods (the “Specifications”), which Specifications are incorporated herein by this reference, and that the Goods are and shall remain free from material Defects in material and workmanship for a period of one year from delivery if properly stored, handled, assembled, maintained and used under normal conditions. For the purpose of this Agreement, “Defects” are defined as imperfection in material or workmanship that will materially impair the use of the applicable Goods. Crow Works’ limited warranty does not cover or apply to and in no event shall any repair, replacement or refund or credit be provided in the event of any of the following: 1) normal wear and tear; 2) defects occurring to the Goods after purchase, including without limitation defects due to any modification, intentional damage, accident, misuse, abuse, negligence;
Nonconforming Goods means any goods received by Distributor from Medizone under a Purchase Order that: (a) is not a Product; (b) does not conform to the specifications listed in the applicable Purchase Order; or (c) on visual inspection, Distributor reasonably determines are otherwise Defective.
Nonconforming Goods means only the following: (i) product shipped is different than identified in Buyer’s purchase order; or (ii) product’s label or packaging incorrectly identifies its contents. If Buyer timely notifies Seller of any Nonconforming Goods, Seller shall, in its sole discretion, (i) replace such Nonconforming Goods with conforming Goods, or (ii) credit or refund the Price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the Nonconforming Goods to Seller’s designated facility. If Seller exercises its option to replace Nonconforming Goods, Seller shall, after receiving Buyer’s shipment of Nonconforming Goods, ship to Buyer, at Buyer’s expense and risk of loss, the replaced Goods to the Delivery Point. Buyer acknowledges and agrees that the remedies set forth in this Section 3 are Buyer’s exclusive remedies for the delivery of Nonconforming Goods. Except as provided under this Section 3, all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.
Nonconforming Goods means only the following: (i) the Goods received do not conform to the make/model/product on Buyer’s Order; or (ii) on visual inspection, Buyer reasonably determines that the Goods are damaged, shorted, or other discrepancy which was caused solely by HBS or the original manufacturer. Buyer’s rejection of any shipment for any reason other than for Nonconforming Goods shall be a breach of Buyer’s Order and this Agreement.