ACCEPTANCE AND DEFECTIVE GOODS Sample Clauses

ACCEPTANCE AND DEFECTIVE GOODS. 8.1. The Buyer may reject any Goods delivered to it that do not comply with clause 6.1 or 6.2, provided that notice of rejection is given to the Supplier within two Business days of delivery. 8.2. If the Buyer fails to give notice of rejection in accordance with clause 8.1, it shall be deemed to have accepted such Goods. 8.3. If the Buyer rejects Goods under clause 8.1 then the Buyer shall be entitled to return the Goods in question and: 8.3.1. require the Supplier to make good or replace the rejected Goods; or 8.3.2. require the Supplier to repay the price of the rejected Goods in full. 8.4. Once the Supplier has complied with the Buyer's request, it shall have no further liability to the Buyer in respect of the rejected Goods' failure to comply with clauses 6.1 and 6. 8.5. The terms of the agreement shall apply to any rectified or replacement Goods supplied by the Supplier. 8.6. Any disagreement as to the quality of any Goods supplied to the Buyer shall be resolved according to the procedures for resolving disputes laid down by BS EN ISO 4259 “Petroleum Goods – Determination and application of precision data in relation to methods of test”. Additionally the precision should be determined in accordance with BS/ISO 5725. 8.7. Without prejudice to the other subclauses of this clause, notice of any claim for damage, defect, variance of quality or description, or shortage in quantity shall be given by the Buyer in writing to the Supplier at its address given in the Supply Contract within three days after the Goods or the relevant instalment of them are delivered or, in the case of non-delivery of the whole consignment, within three days after the date upon which they should have been delivered, and (where appropriate) such notice shall state when and where the Goods may be inspected by the Supplier. The giving of such notice shall be a condition precedent to any such claim, and in default of such notice the Supplier shall not be liable in respect of such damage, defect, variance or shortage, and the Buyer shall be liable to pay for the full quantity of the Goods to which the delivery relates. 8.8. Notwithstanding any other provision of the Conditions to the contrary, the Supplier shall in any event be discharged from all liability whatsoever in respect of the Goods, unless suit is brought by the Buyer within one year of the Delivery Date.
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ACCEPTANCE AND DEFECTIVE GOODS. 5.1 Get Living shall not be deemed to have accepted any Goods until it has had a reasonable time to inspect them following Delivery, or, in the case of a latent defect in the Goods, until a reasonable time after the latent defect has become apparent. 5.2 If any Goods delivered to Get Living do not comply with clause 3.2, or are otherwise not in conformity with these Terms, then, without limiting any other right or remedy that Get Living may have, Get Living may at its discretion reject those Goods and:5. 2.1 rescind the Order;
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ACCEPTANCE AND DEFECTIVE GOODS. 8.1 The Customer shall not be deemed to have accepted any Goods in the case of a latent defect in the Goods, until a reasonable time after the latent defect has become apparent. 8.2 Where under the terms of this Agreement any Acceptance Criteria have been specified, the Customer shall not be obliged to accept the Goods unless and until the Supplier has demonstrated that all Acceptance Criteria for the Goods have been met and the Customer has issued an acceptance certificate. 8.3 The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over- delivered Goods it shall give notice in writing to the Supplier to remove them within five
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ACCEPTANCE AND DEFECTIVE GOODS. 17.1. The Client must inspect all Goods immediately on receipt of the Goods and before use and must notify SCOUT within the earlier of 2 business days of receipt or before the Goods are used of any defective Goods. For the avoidance of doubt and without limitation, Goods will not be regarded as defective to the extent that they are reflective of any Production Sample approved in accordance with clause 9.1. 17.2. Upon such notification of defective Goods, the Client must: (a) provide any photographic evidence requested by SCOUT; and (b) allow SCOUT to inspect the Goods to determine whether they are defective (this includes granting SCOUT unimpeded access to inspect such Goods). 17.3. If the Client is aware or ought reasonably to be aware that the Goods are defective for any reason, then the Client must take all necessary steps to mitigate any loss or damage. 17.4. If SCOUT is notified of defective Goods and agrees that they are defective (acting reasonably) then SCOUT will at its election either: (a) replace the defective Goods with Goods that comply with the terms of this Agreement; (b) provide a partial refund in return for the Client accepting the defective Goods;
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ACCEPTANCE AND DEFECTIVE GOODS. 8.1 Without prejudice to any of its other rights MML may by notice in writing to the Supplier reject any or all of the Goods if the Supplier fails to comply with any of its obligations under this Agreement. 8.2 MML shall have the right, in its sole discretion, to conduct acceptance tests of the Goods in accordance with the provisions of Clauses 8.3 to 8.6. The purpose of the acceptance tests shall be for MML (and/or any third party appointed by it) to satisfy itself in its sole discretion that the Goods meet the requirements including any specific acceptance tests and criteria set out therein (the Criteria). 8.3 When the Supplier is satisfied that the Goods meet the Criteria, it shall deliver to MML, or (with MML consent) give access to MML or any third party appointed by it, a prototype/sample of the Goods for MML review together with evidence that the prototype/sample of the Goods meets the Criteria. 8.4 Upon receipt of the prototype/sample of the Goods, MML or such third party as MML may appoint on its behalf will examine the prototype/sample of the Goods and MML shall either:‌ (a) notify the Supplier that MML (and such third party as it may appoint on its behalf) considers (in its or their sole discretion) that the prototype/sample of the Goods is acceptable in which event MML shall issue a certificate in writing confirming its acceptance of such Goods, the prototype/sample of the Goods shall be deemed "accepted" and the Supplier shall be authorised to commence supply of the Goods in accordance with terms of this Agreement; or (b) notify the Supplier that the prototype/sample of the Goods is not acceptable. 8.5 If MML notifies the Supplier that the prototype/sample of the Goods is not acceptable in accordance with Clause 8.4 the Supplier shall carry out all modifications to the prototype/sample of the Goods necessary to render the prototype/sample acceptable in accordance with Clause 8.4 and redeliver the prototype/sample of the Goods within a reasonable timeframe of MML’s notification (and in any event within 14 Business Days) and MML shall review the prototype/sample of the Goods at the cost and expense of the Supplier (a Repeat Test). 8.6 If, following any Repeat Test under Clause 8.5 the prototype/sample of the Goods still, in MML sole discretion (or in the sole discretion of any third party appointed by it), fails to pass such Repeat Test, MML may elect at its sole option (without prejudice to any other right or remedy available to MML under this ...
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ACCEPTANCE AND DEFECTIVE GOODS. The Fund shall not be deemed to have accepted any Goods until it has had a reasonable time to inspect them following completion of delivery in accordance with Clause 4.5, or, in the case of a latent defect in the Goods, until a reasonable time after the latent defect has become apparent.
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ACCEPTANCE AND DEFECTIVE GOODS 
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Related to ACCEPTANCE AND DEFECTIVE GOODS

  • ACCEPTANCE AND REJECTION a. Buyer shall accept the Services or give Seller notice of rejection within a reasonable time after the date of delivery. No payment, prior test, inspection, passage of title, any failure or delay in performing any of the foregoing, or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this Contract or impair any rights or remedies of Buyer. b. If Seller delivers defective or non-conforming Services, Buyer may at its option and at Seller's expense: (i) require Seller to promptly reperform, correct or replace the Services; (ii) correct the Services; or (iii) obtain replacement Services from another source. Return to Seller of defective or non-conforming Services and redelivery to Buyer of corrected or replaced Services shall be at Seller's expense. c. Seller shall not redeliver corrected or rejected Services without disclosing the former rejection or requirement for correction. Seller shall disclose any corrective action taken. All repair, replacement and other correction and redelivery shall be completed as Buyer may reasonably direct.

  • ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK 13.3.1 The State may accept defective or nonconforming Work pursuant to Paragraph 13.2.1

  • Acceptance; Rejection A holder of Notes may accept the offer to prepay made pursuant to this Section 8.3 by causing a notice of such acceptance to be delivered to the Company not later than 15 days after receipt by such holder of the most recent offer of prepayment. A failure by a holder of Notes to respond to an offer to prepay made pursuant to this Section 8.3 shall be deemed to constitute a rejection of such offer by such holder.

  • ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

  • REJECTION OF GOODS Notwithstanding any other rights of, or remedies available to UNDP under the Contract, in case any of the Goods are defective or otherwise do not conform to the specifications or other requirements of the Contract, UNDP, at its sole option, may reject or refuse to accept the Goods, and within thirty (30) days following receipt of notice from UNDP of such rejection or refusal to accept the Goods, the Contractor shall, in sole option of UNDP: 11.7.1 provide a full refund upon return of the Goods, or a partial refund upon a return of a portion of the Goods, by UNDP; or, 11.7.2 repair the Goods in a manner that would enable the Goods to conform to the specifications or other requirements of the Contract; or, 11.7.3 replace the Goods with Goods of equal or better quality; and, 11.7.4 pay all costs relating to the repair or return of the defective Goods as well as the costs relating to the storage of any such defective Goods and for the delivery of any replacement Goods to UNDP.

  • ACCEPTANCE AND FINAL PAYMENT Upon written notice to the Owner

  • Defective Work Work that, for any reason, is not in compliance with the Contract Documents. Defective Work is usually identified in a Notice of Non-Compliant Work.

  • Inspection and Rejection of Nonconforming Goods The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

  • Acceptance of Purchase Order Contractor’s acceptance of CCI’s Purchase Order shall be accomplished by the earlier of execution of the Purchase Order or commencement of Services or shipment of any Product specified in the Purchase Order.

  • Acceptance of Purchase Orders Notwithstanding any contrary language in Buyer’s purchase order, each purchase order shall be subject to acceptance by an authorized employee of Seller and each transaction shall be governed exclusively by these Terms and Conditions of Sale (“Contract”), except if any specific terms have been expressly and mutually agreed by the parties and confirmed in Seller’s sale order acknowledgement of each purchase order. Such acceptance is expressly limited to these Terms and Conditions of Sale, and any additional or different terms proposed by Buyer are automatically rejected unless expressly agreed to in writing by Seller. No contract shall exist except as hereinabove provided.

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