Inspection of Non-Conforming Goods.
- Buyer shall inspect the Goods within three (3) business days of delivery (“Inspection Period”). Buyer will be deemed to have accepted the Goods unless it notifies Seller in writing of any Non-Conforming or Damaged Goods during the Inspection Period and furnishes such written evidence or other documentation as required by Seller. “Non-Conforming Goods” means only the following: (i) product shipped is different than identified in the packing list; (ii) product’s label or packaging incorrectly identifies its contents; or (iii) Goods are expired, used or damaged such that they are unsuitable for retail sale and Buyer can provide conclusive evidence that such use or damage was caused prior to delivery through no fault, act or omission of Buyer or its agents.
- If Buyer timely notifies Seller of any Non-Conforming Goods, Seller shall, in its sole discretion, (i) replace such Non-Conforming Goods with conforming Goods, or (ii) refund the Price paid for such Non-Conforming Goods. If Seller exercises its option to replace Non-Conforming Goods, Buyer shall ship, at Seller’s expense and risk of loss, the Non-Conforming Goods back to the Delivery Point. Seller shall, after receiving Buyer’s shipment of Non-Conforming Goods, make the replaced Goods available at the Delivery Point.
- Buyer acknowledges and agrees that the remedies set forth in Section 4(b) are Buyer’s exclusive remedies for the delivery of Non-Conforming Goods. Except as provided under Section 4(b), 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.