ACCEPTANCE AND CLAIMS. 5.1. On submitting an order the Customer acknowledges that the goods ordered and/or services requested are suitable for the intended purpose for which they have been ordered. The Supplier need not confirm the Customer’s purposes and requirements for goods and services.
5.2. Within 48 hours of delivery or collection or 24 hours after the Customer learns of the facts giving rise to a claim (whichever first occurs), the Customer must notify the Supplier in writing of any defect or claim regarding goods or services provided by the Supplier, with full details of the claim, in the absence of which, the Customer to the extent permitted by law is deemed to agree that the goods and services conform those ordered.
5.3. The Supplier will not be liable for any claims of damages in respect of goods which, at the date of the claim or at any time prior to settlement of the claim, have been incorporated into any other goods or product or affixed to land.
ACCEPTANCE AND CLAIMS. 8.1 The Customer shall inspect the goods upon delivery and shall within fourteen (14) days from the date of delivery give written notice to the Company of any matter or thing by reason whereof the Company alleges that the goods are not in accordance with this Agreement. If the Customer fails to give such notice then to the extent permitted by statute, the goods shall be deemed to have been accepted by the Customer and the Customer shall pay for the goods in accordance with this Agreement.
8.2 Should the Customer consider that it has any claim arising from the sale of goods to it by the Company it must:
(a) immediately upon becoming aware of the circumstances giving rise to such a claim, notify the Company of the nature of the claim; and
(b) allow the Company, its servants or agents full and free access to the goods in relation to which the claim is made (or the place where the goods have been applied or used) for the purpose of conducting such tests and examinations whether the claim is justified or not.
8.3 No return of goods will be accepted unless notified to the Company within fourteen (14) days of receipt and approved by the Company in writing. Return of goods approved by the Company must be freight prepaid. The Company will credit returned goods only if they are in saleable condition. If the Company accepts the return of saleable goods from the Customer, a handling fee will be imposed in accordance with the Company’s handling charges set from time to time unless the return of such goods is due to the error of the Company.
ACCEPTANCE AND CLAIMS. 7.1. The delivery of goods or services will be considered compliant and accepted by the Client unless a claim or rejection is made by registered letter within 7 days of the delivery. If applicable, if the Client fails to take delivery, the 7-day period starts from receipt of the invoice. In the absence of any dispute according to the aforementioned rules, the Client will be considered to have unconditionally accepted the product or service delivered and the invoice.
7.2. The use of part of the supply (goods or services) by right means acceptance of the whole supply. Defects in part of the delivery/service do not entitle the Client to refuse the whole delivery/service.
7.3. In this case, EPIC's liability is limited to reimbursement of the price of the non-compliant part of the service or replacement of it, and cannot give rise to any compensation, in particular resulting from legal provisions with which the Client must comply.
7.4. In general, and unless explicitly stated otherwise, EPIC declines any responsibility for loss or damage of any kind whatsoever (direct or indirect, material or immaterial) resulting from execution of the Contract and/or the use of its website. Under no circumstances can EPIC be held liable for indirect damage, in particular, the loss of data, hardware and software or time, financial or commercial damage, profit loss, the increase in general costs, etc.
ACCEPTANCE AND CLAIMS. (a) CCA shall be deemed to have accepted without reservation all Product delivered by Agrotech unless claims for alleged defects, shortages, or any other claims or alleged claims of any nature related to the Product are made to Agrotech in accordance with sub-paragraph (b). Failure to report any alleged claim in accordance with sub-paragraph (b) shall permanently extinguish any and all rights arising from or accruing to CCA from such alleged claim or any larger or related cause of action of which said alleged claim is an integral part.
(b) the allegedly defective Product or such other evidence of deficiency as Agrotech shall reasonably specify. Any such claim or alleged claim, of whatever type, of CCA related the Product shall be made in writing and delivered in accordance with paragraph 15 of this Agreement, as soon as is practical after CCA becomes aware of the basis of the claim.
(c) If Agrotech and CCA agree that Product delivered to CCA not usable for its intended purpose as a result of defective production, Agrotech reserves the right to require CCA to return to Agrotech, at such location as Agrotech may direct and at Agrotech's expense, all or part of such unusable Product, or to destroy it or otherwise dispose of it at Agrotech's expense and liability and pursuant to its instructions.
ACCEPTANCE AND CLAIMS. (a) The Purchaser shall inspect the Plant within forty eight hours of their arrival and within seven days from that inspection give notice to WATT of any claims that the Plant are not in accordance with the sale contract. If the Purchaser does not give such notice the Plant shall be deemed to be in accordance with the agreement and the Purchaser shall be bound to accept and pay for the Plant.
(b) If the Purchaser has a right to refuse Plant which has been delivered to it then the Purchaser must return it to WATT or as WATT may reasonably direct.
(c) WATT may resell any Plant not taken by the Purchaser within seven days from the date of attempted delivery and, at its option, deem the sale contract repudiated; or, by subsequently substituting other Plant, treat the contract as subsisting.
ACCEPTANCE AND CLAIMS. 11.1 You must inspect the Products upon delivery and within 7 days from the Delivery Time notify us in writing providing details of everything you allege about the Products not being in accordance with these Conditions of Sale. If you fail to give such notice then, to the extent permitted by law, the Products will be deemed to have been accepted by you and you must pay for the Products in accordance with these Conditions of Sale.
ACCEPTANCE AND CLAIMS. 6.1 The Manufacturer will be responsible for providing the Products and/or Intermediates to the Customer in accordance with the Specifications, in strict compliance with cGMP and with any applicable regulations of any applicable Regulatory Authorities, and Manufacturer shall not provide any Products and/or Intermediates that do not comply in all respects with the Specifications, cGMP and the requirements of any applicable Regulatory Authorities.
6.2 For each delivery of Product and/or Intermediate, the Manufacturer shall provide the Customer with a duly drafted and signed Certificate of Analysis and Certificate of Compliance.
6.3 Neither the Specifications, nor the current manufacturing processes will be changed or amended without the prior written consent of the Customer. Customer may request changes to the Specifications and/or the current manufacturing processes, and following any such request, Customer and Manufacturer shall in discuss in good faith such requested changes. Manufacturer shall, to the extent technologically feasible, accommodate Customer's requested changes, provided that Customer shall reimburse Manufacturer for any one-time, reasonable, documented, out-of-pocket incremental costs associated exclusively with the implementation of such changes which are agreed upon by Manufacturer and Customer, provided that such costs and any related Product Fee change are pre-agreed in advance by Customer and Manufacturer.
6.4 Customer shall have the right to amend the Specifications for labeling or packaging for Product and/or Intermediate. In the event that Customer provides Notice to Manufacturer with respect to any changes to the Specifications for labeling or packaging, Manufacturer shall implement such changes and Customer agrees to pay all reasonable, out-of-pocket additional costs actually incurred with the implementing of such changes, including costs associated with up to six months (determined by reference to the Forecast then in effect for the Product and/or Intermediate at issue) of labeling or inventory rendered obsolete by such change. Notwithstanding the foregoing, if any changes are required to be made to the Specifications for packaging or labeling as a result of changes requested by Manufacturer, Manufacturer shall bear the expenses thereof.
ACCEPTANCE AND CLAIMS. 9.1 All UltraCard Products shall be received subject to acceptance by Sub-distributor. Sub-distributor or its agents shall promptly inspect all Products whose containers show evidence of damage. Sub-distributor shall notify Distributor of any such damage or if it finds a shipment short in quantity of UltraCard Products, and shall return damaged products to Distributor for credit unless the carrier accepts responsibility for the damage, in which event Sub-distributor shall adjust the loss with the carrier. In addition, Sub-distributor may return any defective UltraCard Products to UltraCard for credit in the event that the Sub-distributor or any customer discovers that such products are defective or fail to perform to Product Specifications (as described below), provided such claim must be made within thirty (30) days of the date of delivery to the end-user customer. In event of damaged, defective or undelivered UltraCard Products as aforesaid, Sub-distributor shall be entitled to a credit equal to its purchase price for the relevant UltraCard Products plus the reasonable charges of returning such Products to UltraCard, and all such amounts shall apply toward Sub-distributor's annual sales requirements.
ACCEPTANCE AND CLAIMS. 9.1. All claims for alleged defects which may be discovered by visual inspection or missing items shall be reported in writing to Metzxxx Xxxign as soon as possible, but in any event no later than thirty days after the date of arrival of the Products in the Territory and, if not so reported, such claims shall be waived and the Products shall be deemed to have been accepted by XDOGS.
9.2. At Metzxxx Xxxign's request, XDOGS shall promptly either (i) deliver the allegedly defective within 30 days after receipt Prodxxxx.xx Xxxzxxx Xxxign or its agent or (ii) give Metzxxx Xxxign some other evidence of deficiency which Metzxxx Xxxign shall specify. Credit for defective Products shall be issued only if and to the extent that Metzxxx Xxxign's examination shall confirm XDOGS's claim.
9.3. Metzxxx Xxxign shall, at its sole discretion:
9.3. 1. replace, at Metzxxx Xxxign's charge, Products found to be defective or short in quantity with such quantity of Products to satisfy XDOGSs order requirements; or
ACCEPTANCE AND CLAIMS. A. Limited Product Warrmiy. BLP represents and warrants to AHC that at the time of delivery, the Product manufactured and supplied hereunder will conform to the cGMPs and the FFDC Act, and other applicable laws and regulations. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT WHERE BLP COMMITS A WILLFUL, INTENTIONAL BREACH OF ANY MATERIAL PROVISION UNDER THIS AGREEMENT, BLP SHALL NOT BE RESPONSIBLE OR LIABLE UNDER ANY PROVISION OF THIS AGREEMENT OR UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY RESULTANT INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS FROM BLP'S FAILURE TO PROVIDE THE PRODUCT TO AHC OR OTHERWISE.
