Common use of ACCEPTANCE AND DEFECTIVE GOODS Clause in Contracts

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.

ACCEPTANCE AND DEFECTIVE GOODS. 8.1. 8.1 The Buyer may reject any Goods delivered to it that do Customer shall 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 any Goods until [it has had [5] Working Days 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]. 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 (5) Working Days [of Delivery] and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Supplier for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Supplier unless they are expressly accepted in writing by the Customer. 8.4 The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order. 8.5 The Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments in the relevant Order, delivery of any instalment later than the date specified or agreed for its delivery in the Order shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Order without further liability to the Customer. 8.6 Time of delivery shall be of the essence with regard to the Supplier’s obligations under this Agreement and if the Supplier fails to deliver the Goods [on OR by] the Delivery Date, the Customer may, without prejudice to any other rights and remedies of the Customer: 8.6.1 release itself from any obligation to accept and pay for the Goods; 8.6.2 obtain substitute goods from another supplier and, subject to Clause 38, recover from the Supplier any costs and expenses reasonably incurred by the Customer in obtaining such substitute goods (including, but not limited to, increased administration costs and costs of delay and disruption thereby incurred by the Customer); 8.6.3 subject to Clause 38, claim damages for any other costs, expenses or losses resulting from the Supplier’s failure to deliver the Order on the Delivery Date; and/or 8.6.4 may terminate the Agreement, [provided that the Supplier shall have no liability for any failure or delay in delivery an Order to the extent that such failure or delay is caused by the Customer’s failure to comply with its obligations under this Agreement.] 8.7 If any Goods supplied to the Customer pursuant to an Order do not comply with any of the provisions of Clause 7.1 or are otherwise not in accordance with the requirements of this Agreement, without affecting any other right or remedy available to it, the Customer may reject the Goods. 8.3. If the Buyer rejects Goods under clause 8.1 then the Buyer shall be entitled to return 8.8 In any case of rejection of the Goods in question andby the Supplier for whatever reason: 8.3.1. require 8.8.1 the Supplier shall promptly and at its own expense remove the rejected Goods and replace the same, as the Customer shall direct, with Goods which comply with all requirements of this Agreement and are to make good or replace the satisfaction of the Customer; and 8.8.2 if any payment has been made by the Customer in respect of the rejected Goods; or 8.3.2. , the Customer may require the Supplier to repay the price of the rejected Goods in fullfull (whether or not the Customer has previously required the Supplier to repair or replace the rejected Goods); 8.8.3 the Customer may obtain substitute goods from another supplier and, subject to Clause 38, recover from the Supplier any costs and expenses reasonably incurred by the Customer in obtaining such substitute goods (including, but not limited to, increased administration costs and costs of delay and disruption thereby incurred by the Customer). 8.4. Once the Supplier has complied with the Buyer's request, it shall have no further liability 8.9 The Customer’s rights and remedies under this Agreement are in addition to the Buyer rights and remedies available to it in respect of the rejected Goods' failure statutory conditions relating to comply description, quality, fitness for purpose and correspondence with clauses 6.1 and 6. 8.5. The terms of the agreement shall apply to any rectified or replacement Goods supplied samples implied into this Agreement by the SupplierSale of Goods Act 1979. 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.

ACCEPTANCE AND DEFECTIVE GOODS. 8.110.1. 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. 8.210.2. If the Buyer fails to give notice of rejection in accordance with clause 8.1, it shall be deemed to have accepted such Goods. 8.310.3. If the Buyer rejects Goods under clause 8.1 then the Buyer shall be entitled to return the Goods in question and: 8.3.110.3.1. require the Supplier to make good or replace the rejected Goods; or 8.3.210.3.2. require the Supplier to repay the price of the rejected Goods in full. 8.410.4. 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 66.2. 8.510.5. The terms of the agreement Agreement shall apply to any rectified or replacement Goods supplied by the Supplier. 8.610.6. 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. 8.710.7. 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. 8.810.8. Notwithstanding any other provision of the Conditions GTCs 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.

ACCEPTANCE AND DEFECTIVE GOODS. 8.110.1. The Buyer may reject any Goods delivered to it that do not comply with clause 6.1 7.1 or 6.27.2, provided that notice of rejection is given to the Supplier within two Business days of delivery. 8.210.2. If the Buyer fails to give notice of rejection in accordance with clause 8.1, it shall be deemed to have accepted such Goods. 8.310.3. If the Buyer rejects Goods under clause 8.1 then the Buyer shall be entitled to return the Goods in question and: 8.3.110.3.1. require the Supplier to make good or replace the rejected Goods; or 8.3.210.3.2. require the Supplier to repay the price of the rejected Goods in full. 8.410.4. 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 8.1 and 68.2. 8.510.5. The terms of the agreement Agreement shall apply to any rectified or replacement Goods supplied by the Supplier. 8.610.6. 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. 8.710.7. 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. 8.810.8. Notwithstanding any other provision of the Conditions GTCs 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.