ACCEPTANCE AND DEFECTIVE PRODUCTS. 7.1 The Customer may reject any Goods delivered to it that do not comply with clause 3.2, provided that:
7.1.1 notice of rejection is given to IDCD:
(a) in the case of a defect that is apparent on normal visual inspection, within one Business Day of receiving the Goods;
(b) in the case of a latent defect, within five Business Days of the latent defect having become apparent; and
7.1.2 none of the events listed in clause 7.3 apply.
7.2 If the Customer fails to give notice of rejection in accordance with clause 7.1, it shall be deemed to have accepted these Goods.
7.3 IDCD shall not be liable for a Goods' failure to comply with the warranty set out in clause 3.2 in any of the following events:
7.3.1 the Customer makes any further use of those Goods after giving notice in accordance with clause 7.1;
7.3.2 the defect arises because the Customer failed to follow IDCD's (or any of IDCD’s suppliers) oral or written instructions for the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
7.3.3 the defect arises as a result of IDCD following any drawing, design or Specification;
7.3.4 the Customer alters or repairs those Goods without the written consent of IDCD;
7.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
7.3.6 the Goods differ from their description or the Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
7.4 If the Customer rejects Goods under clause 7.1 then IDCD shall notify the Customer as to whether it wishes the Customer to return the Goods to it or whether it intends to come and inspect the Goods. At its absolute discretion, IDCD be entitled to:
7.4.1 repair or replace the rejected Goods; or
7.4.2 provide an adequate level of refund (to be determined at the absolute discretion of IDCD) to the Customer, with no further liability to the Customer for the rejected Goods' failure to comply with clause 3.2.
7.5 The terms of this Agreement shall apply to any repaired or replacement Goods supplied by IDCD.
7.6 The rejection of a shipment of Goods shall not entitle the Customer to reject further shipments of the Goods. Where the Customer rejects a part shipment of Goods, the Customer shall not be entitled to reject all of the shipment or further shipments.
7.7 If the parties dispute whether any Goods comply with clause 3.2, eithe...
ACCEPTANCE AND DEFECTIVE PRODUCTS. 10.1. The Customer may reject any Products delivered to it that do not comply with clause 7.1, provided that written notice of rejection is given to Alloyed:
10.1.1. in the case of a defect that is apparent on normal visual inspection, within five Business Days of Delivery;
10.1.2. in the case of a latent defect, within a reasonable time of the latent defect having become apparent; and
10.1.3. none of the events listed in clause 10.3 apply.
10.2. If the Customer fails to give notice of rejection in accordance with clause 10.1, it shall be deemed to have accepted these Products.
10.3. Alloyed shall not be liable for a Products' failure to comply with clause 7 in any of the following events:
10.3.1. the Customer makes any further use of those Products after giving notice in accordance with clause 10.1;
10.3.2. the defect arises because the Customer failed to follow Alloyed’s oral or written instructions for the storage, commissioning, installation, use and maintenance of the Products or (if there are none) good trade practice regarding the same;
10.3.3. the defect arises as a result of Alloyed following any drawing, design or Specification supplied by the Customer;
10.3.4. the Customer alters or repairs those Products without the written consent of Alloyed;
10.3.5. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
10.3.6. the Products differ from the Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
10.4. If the Customer rejects Products under clause 10.1 then Alloyed shall, at its sole discretion and as Customer’s sole and exclusive remedy, either:
10.4.1. repair or replace the rejected Products; or
10.4.2. repay the price of the rejected Products in full.
ACCEPTANCE AND DEFECTIVE PRODUCTS. 6.1 The Company shall not be deemed to have accepted any Goods until the Company 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.
6.2 If any Goods delivered to the Company do not comply with clause 4.1, or are otherwise not in conformity with this Agreement, then, without prejudice to any other right or remedy that the Company may have (including pursuant to clause 6.4 and those available at law), then the Company may reject those Goods and:
(a) require the Supplier to repair or replace the rejected Goods at the Supplier's risk and expense promptly upon being requested to do so;
(b) require the Supplier to repay the Charges of the rejected Goods in full (whether or not the Company have previously required the Supplier to repair or replace the rejected Goods); and/or
(c) claim damages for any other costs, expenses or losses resulting from the Supplier's delivery of Goods that are not in conformity with the Agreement.
6.3 The terms of the Agreement shall apply to any repaired or replacement Goods supplied by the Supplier.
6.4 If the Supplier fails to promptly repair or replace rejected Goods in accordance with clause 6.2(a), the Company may, without affecting its rights under clause 6.2(c), obtain substitute goods from a third party supplier, or have the rejected Goods repaired by a third party, and the Supplier shall reimburse the Company for the costs incurred in doing so.
ACCEPTANCE AND DEFECTIVE PRODUCTS. 8.1 The Customer must inspect all Products immediately upon Delivery, the Customer must check for any damages or incomplete deliveries at the time of signing for delivery and notify the carrier.
ACCEPTANCE AND DEFECTIVE PRODUCTS. 4.1. You may reject any Equipment or Purchased Equipment delivered to You that does not comply with Clause 3.17, provided that notice of rejection is given to the Service Provider containing an explanation as to the reason why the Equipment or Purchased Equipment are considered defective:
4.1.1 in the case of a defect that is apparent on visual inspection, within three (3) days of delivery; and
4.1.2 in the case of a latent defect, within a reasonable time of the defect becoming apparent.
4.2. If You fail to give notice of rejection in accordance with Clause 4.1 or reasonable assistance in accordance with Clause 4.4, You shall be deemed to have accepted such Equipment or Purchased Equipment.
ACCEPTANCE AND DEFECTIVE PRODUCTS. 6.1 The Distributor shall not be deemed to have accepted any Products until it has had a reasonable time to inspect them following Delivery of the Products at the Delivery Location, or, in the case of a latent defect in the Products, until a reasonable time after the latent defect has become apparent.
6.2 If any Products delivered at the Delivery Location do not comply with Clause 4.4, or are otherwise not in conformity with the terms of this Agreement, then, without limiting any other right or remedy that the Distributor may have, the Distributor may reject those Products and:
6.2.1 require the Supplier to replace the rejected Products at the Supplier’s risk and expense within 15 (fifteen) Business Days of being requested to do so; or
6.2.2 claim damages for any other costs, expenses or losses resulting from the Supplier's delivery of Products that are not in conformity with the terms of this Agreement.
6.3 The Distributor's rights and remedies under Clause 6.2 are in addition to the rights and remedies available to it in respect of the statutory conditions relating to description, quality, fitness for purpose and correspondence with sample implied into this Agreement by any applicable Law including the Sale of Goods Act, 1930, as amended.
6.4 The terms of this Agreement shall apply to any replacement Products supplied by the Supplier pursuant to the Clause 6.2.1.
ACCEPTANCE AND DEFECTIVE PRODUCTS. 4.1 You may reject any Equipment or Purchased Equipment delivered to You that does not comply with Clause 3.17, provided that notice of rejection is given to the Service Provider containing an explanation as to the reason why the Equipment or Purchased Equipment are considered defective:
4.1.1 in the case of a defect that is apparent on visual inspection, within three (3) days of delivery; and
4.1.2 in the case of a latent defect, within a reasonable time of the defect becoming apparent.
4.2 If You fail to give notice of rejection in accordance with Xxxxxx 4.1 or reasonable assistance in accordance with Clause 4.4, You shall be deemed to have accepted such Equipment or Purchased Equipment.
4.3 On receipt of a rejection notice in accordance with Clause 4.1, You acknowledge that the Service Provider will liaise with the original manufacturer of the Equipment or Purchased Equipment as to its quality. The manufacturer will carry out an investigation in relation to the quality of the Equipment or Purchased Equipment. Following such investigation, the Service Provider shall either:
4.3.1 where the manufacturer determines there to be a fault, repair or replace the rejected Equipment or Purchased Equipment or repay the price of the rejected Equipment or Purchased Equipment to You; or
4.3.2 where the manufacturer deems that there is no fault, return the Equipment or Purchased Equipment to You.
4.4 You shall provide the Service Provider and any manufacturer of the Equipment or Purchased Equipment with reasonable assistance within five (5) days' of the Service Provider's request for such assistance in order to assist the manufacturer with the investigation described in Clause 4.3.
4.5 Once the Service Provider has carried out its actions in accordance with Clause 4.3, it shall have no further liability to You in respect of the Equipment or Purchased Equipment.
ACCEPTANCE AND DEFECTIVE PRODUCTS. 9.1) If any Products supplied in accordance with an Order are not in conformity with the Products specification, then, without limiting any other right or remedy that you may have, you may require us to repair or replace the defective Products.
ACCEPTANCE AND DEFECTIVE PRODUCTS. All claims for error, damages, defects, shortages and non-conformities in any shipment discovered by reasonable inspection shall be made in writing to LLC (together with detailed descriptions and evidence thereof) within ten (10) days after receipt of the Products at Vet USA’s receiving dock (“Defective Product”). Failure to make such claim within such period shall constitute acceptance of the shipment (“Acceptance”).
(a) The extent of LLC’s liability for Defective Product under this warranty shall be limited to replacement of any Defective Products, freight prepaid to Vet USA’s receiving dock. Recovery of Defective Product(s), shall be at LLC’s sole expense, provided however that Vet USA agrees to use its most commercially reasonable efforts, at LLC’s cost, to repackage and make Defective Product(s) prepared and available for shipment in its original packaging. In no event shall LLC be liable for consequential or indirect damages regarding the Products.
(b) There shall be no claims based on defects in cases of damage arising after the transfer of risk at LLC’s delivery dock, from Vet USA’s faulty or negligent handling, or Vet USA’s excessive strain on the Products. Claims based on defects resulting from improper modifications or repair work carried out by Vet USA or third parties and the consequences thereof shall be excluded.
ACCEPTANCE AND DEFECTIVE PRODUCTS. 2.1. The Customer shall not be deemed to have accepted any Products until it has had a reasonable time to inspect them following Delivery, or, in the case of a hidden or non-obvious defect in the Products, until a reasonable time after that latent defect has become apparent.
2.2. If any Products delivered to the Customer do not comply with clause 3.1 of the main agreement above, or are otherwise not in conformity with the terms of this agreement, then, without limiting any other right or remedy that the Customer may have, the Customer may reject those Products and:
2.2.1. require the Supplier to replace the rejected Products at the Supplier’s risk and expense within 5 Business Days of being requested to do so: or
2.2.2. require the Supplier to credit the price of the rejected Products in full; and
2.2.3. claim damages for any other costs, expenses or losses resulting from the Supplier's delivery of Products that do not conform with the terms of this agreement.
2.3. The Customer's rights and remedies under this clause 2 are in addition to the rights and remedies available to it in respect of the statutory conditions relating to description, quality, fitness for purpose and correspondence with sample implied into this agreement by the Sale of Goods Act 1979 (xxxxx://xxx.xxxxxxxxxxx.xxx.xx/ukpga/1979/54).
2.4. The terms of this agreement shall apply to any replacement Products supplied by the Supplier.
