Nonconforming Batteries

Nonconforming Batteries. Any Batteries received by Buyer from Seller pursuant to a Purchase Order that: (a) do not conform to the product listed in the applicable Purchase Order; (b) do not fully conform to the Specifications; or (c) materially exceed the quantity of Batteries ordered by Buyer pursuant to this Agreement or any Purchase Order. Where the context requires, Nonconforming Batteries are deemed to be Batteries for purposes of this Agreement.