Goods Inspection. The Commissioner of DAS, in consultation with the Client Agency, shall determine the manner and prescribe the inspection of all Goods and the tests of all samples submitted to determine whether they comply with all of the specifications in the Contract. If any Goods fail in any way to meet the specifications in the Contract, the Client Agency or the Commissioner of DAS may, in its sole discretion, either reject it and owe nothing or accept it and pay for it on an adjusted price basis, depending on the degree to which the Goods meet the specifications. Any decision pertaining to any such failure or rejection shall be final and binding.
Goods Inspection. The Client Agency shall determine the manner and prescribe the inspection of all Goods and the tests of all samples submitted to determine whether they comply with all of the specifications in the Contract. If any Goods fail in any way to meet the specifications in the Contract, the Client Agency may, in its sole discretion, either reject it and owe nothing or accept it and pay for it on an adjusted price basis, depending on the degree to which the Goods meet the specifications. Any decision pertaining to any such failure or rejection shall be final and binding.
Goods Inspection. The CGA shall determine the manner and prescribe the inspection of all Goods and the tests of all samples submitted to determine whether they comply with all of the specifications in the Contract. If any Goods fail in any way to meet the specifications in the Contract, the CGA may, in its sole discretion, either reject it and owe nothing or accept it and pay for it on an adjusted price basis, depending on the degree to which the Goods meet the specifications. Any decision pertaining to any such failure or rejection shall be final and binding.
Goods Inspection. UCHC shall determine the manner and prescribe the inspection of all Goods and the tests of all samples submitted to determine whether they comply with all of the specifications in this contract. If any Goods fail in any way to meet the specifications in this contract, UCHC may, in its sole discretion, either reject it and owe nothing or accept it and pay for it on an adjusted price basis, as agreed to by the Parties depending on the degree to which the Goods meet the specifications. Any decision pertaining to any such failure or rejection shall be final and binding.
Goods Inspection. The Agency shall determine the manner and prescribe the inspection of all Goods and the tests of all samples submitted to determine whether they comply with all of the specifications in the Contract. If any Goods fail in any way to meet the specifications in the Contract, the Agency may, in its sole discretion, either reject it and owe nothing or accept it and pay for it on an adjusted price basis, depending on the degree to which the Goods meet the specifications. Any decision pertaining to any such failure or rejection shall be final and binding. Setoff. In addition to all other remedies that the Agency may have, the State, in its sole discretion, may setoff (1) any costs or expenses that the State incurs resulting from the Contractor's unexcused non-Performance under the Contract and under any other agreement or arrangement that the Contractor has with the State and (2) any other amounts that are due or may become due from the State to the Contractor, against amounts otherwise due or that may become due to the Contractor under the Contract, or under any other agreement or arrangement that the Contractor has with the State. The State’s right of setoff shall not be deemed to be the State’s exclusive remedy for the Contractor’s or Contractor Parties’ breach of the Contract, all of which shall survive any setoffs by the State.
Goods Inspection. GEC shall have a reasonable amount of time after receipt of Goods and before payment to inspect Goods for conformity to the OCM and/or GEC specifications. Goods received prior to inspection shall not be deemed accepted until GEC has determined whether the Goods conform to all applicable specifications. Any Goods shipped to or on behalf of GEC that is confirmed to be counterfeit will be subject to seizure and destruction by GEC or a Designated Third Party; including Independent Testing Facilities, Federal or State Authorities. GEC defines counterfeit as substituted or unauthorized copies of product that has been confirmed to be a copy, imitation, or substitute that has been represented, identified, marked as genuine and/or altered with the intent to mislead, deceive, or defraud by a Source without the legal right to do so. By acceptance of these Conditions and the terms of the purchase order, the Seller of counterfeit or misrepresented Goods agrees to reimburse GEC for the full purchase price of Goods, as well as any related shipping, testing and/or destruction expenses. The Seller also agrees to be held solely liable for any personal injuries, loss of business or other legal expenses stemming from the sale, transfer or use of counterfeit or misrepresented Goods, either knowingly or unknowingly.
Goods Inspection. Party A shall guarantee to provide qualified Products to Party B with complete package. Party B has the obligation to inspect the goods based on Party A’s shipping list. If there is any loss or damage, Party B shall request evidence from the shipping company upon receipt and notify Party A immediately and provide written notice within 4 hours after the delivery. Party A shall provide additional goods upon receiving notice and evidence. Party B shall inspect the goods upon receiving from the shipping company and confirm the delivery of the goods by signing on the shipping list and notify Party A in a written form. In the event that the loss or damage is caused by the shipping company and Party B fails to notify Party A within 4 hours, Party B should ask the shipping company for compensation. Otherwise, Party B should bear it on its own. In the circumstance that Party B does not provide a written notification with 4 hours after the delivery, it shall be deemed that Party B has accepted the goods without question.
