Common use of ACCEPTANCE AND DEFECTIVE PRODUCTS Clause in Contracts

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, either party may refer the matter to an Expert for determination in accordance with clause 11.

ACCEPTANCE AND DEFECTIVE PRODUCTS. 7.1 6.1 The Customer may reject any Goods Products delivered to it that do not comply with clause 3.24.1, provided that:‌that: 7.1.1 (a) notice of rejection is given to IDCDthe Supplier: (ai) in the case of a defect that is apparent on normal visual inspection, within one five Business Day Days of receiving the GoodsDelivery; (bii) in the case of a latent defect, within five Business Days a reasonable time of the latent defect having become apparent; and 7.1.2 (b) none of the events listed in clause 7.3 6.3 apply. 7.2 6.2 If the Customer fails to give notice of rejection in accordance with clause 7.16.1, it shall be deemed to have accepted these Goodssuch Products. 7.3 IDCD 6.3 The Supplier shall not be liable for a GoodsProducts' failure to comply with the warranty set out in clause 3.2 4.1 in any of the following events:‌events: 7.3.1 (a) the Customer makes any further use of those Goods such Products after giving notice in accordance with clause 7.16.1; 7.3.2 (b) the defect arises because the Customer failed to follow IDCDthe Supplier's (or any of IDCD’s suppliers) oral or written instructions for as to the storage, commissioning, installation, use and maintenance of the Goods Products or (if there are none) good trade practice regarding the same; 7.3.3 (c) the defect arises as a result of IDCD the Supplier following any drawing, design or SpecificationSpecification supplied by the Customer; 7.3.4 (d) the Customer alters or repairs those Goods such Products without the written consent of IDCD;the Supplier; or 7.3.5 (e) 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 6.4 If the Customer rejects Goods Products under clause 7.1 6.1 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 shall be entitled to: 7.4.1 (a) require the Supplier to repair or replace the rejected GoodsProducts; or 7.4.2 provide an adequate level (b) require the Supplier to repay the price of refund (to be determined at the absolute discretion of IDCD) to rejected Products in full. Once the Supplier has complied with the Customer's request, with it shall have no further liability to the Customer for in respect of the rejected GoodsProducts' failure to comply with clause 3.24.1. 7.5 6.5 The terms of this Agreement agreement shall apply to any repaired or replacement Goods Products supplied by IDCDthe Supplier. 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, either party may refer the matter to an Expert for determination in accordance with clause 11.

ACCEPTANCE AND DEFECTIVE PRODUCTS. 7.1 11.1 The Customer may reject shall not be deemed to have accepted any Goods delivered Products until it has had a reasonable time to it that do not comply with clause 3.2inspect them following Delivery, provided that:‌ 7.1.1 notice that the Customer shall be deemed to have accepted Products if it has not rejected them within thirty (30) days of rejection is given to IDCD: (a) in the case of a defect that is apparent on normal visual inspectiontheir Delivery, within one Business Day of receiving the Goods; (b) save in the case of a latent defect, within five Business Days defect in the Products where any express or deemed acceptance 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 Products shall not be liable for a Goods' failure effective. 11.2 Subject to clause 11.1, if any Products delivered to the Customer do not comply with clause 9.3 or are otherwise not in conformity with the warranty set out in clause 3.2 in terms of this Agreement, then, without limiting any of the following events:‌ 7.3.1 other right or remedy that 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 may have, 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 may reject 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 toProducts and: 7.4.1 (A) require the Supplier to repair or replace the rejected Goods; or 7.4.2 provide an adequate level of refund (to be determined Products at the absolute discretion Supplier's risk and expense within ten (10) Business Days of IDCDbeing requested to do so; (B) require the Supplier to repay the price of the rejected Products in full (whether or not the Customer has previously required the Supplier to repair or replace the rejected Products); and (C) 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. 11.3 The Customer's rights and remedies under clause 11 are in addition to the Customerrights and remedies available to it in respect of the statutory conditions relating to description, quality, fitness for purpose and correspondence with no further liability to sample implied into this Agreement by the Customer for the rejected Goods' failure to comply with clause 3.2Sale of Goods Acx 0000. 7.5 11.4 The terms of this Agreement shall apply to any repaired or replacement Goods Products supplied by IDCDthe Supplier. 7.6 The rejection of a shipment of Goods shall not entitle 11.5 If the Customer Supplier fails to reject further shipments of the Goods. Where the Customer rejects a part shipment of Goodspromptly repair or replace rejected Products in accordance with clause 11.2(A), the Customer may, without affecting its rights under clause 11.2(C), obtain substitute products from a third party supplier, or have the rejected Products repaired by a third party, and the Supplier shall not be entitled to reject all of reimburse the shipment or further shipmentsCustomer for the costs it incurs in doing so. 7.7 11.6 If the parties Supplier and Customer dispute whether any Goods Products comply with clause 3.29.3, either party of the Supplier and Customer may refer the matter to an Independent Expert for determination in accordance with clause 1115.

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:‌that: 7.1.1 notice of rejection is given to IDCDUSC: (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 USC 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:‌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 IDCDUSC's (or any of IDCDUSC’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 USC following any drawing, design or Specification; 7.3.4 the Customer alters or repairs those Goods without the written consent of IDCDUSC; 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 USC 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 USC 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 IDCDUSC) 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 IDCDUSC. 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, either party may refer the matter to an Expert for determination in accordance with clause 11.

ACCEPTANCE AND DEFECTIVE PRODUCTS. 7.1 6.1 The Customer may reject any Goods Products or Equipment delivered to it that do not comply with clause 3.2, provided that:‌ 7.1.1 (a) notice of rejection is given to IDCDthe Supplier: (ai) in the case of a defect that is apparent on normal visual inspection, within one Business Day of receiving the GoodsDelivery; (bii) in the case of a latent defect, within five Business Days a reasonable time of the latent defect having become apparent; and. 7.1.2 (b) none of the events listed in clause 7.3 6.3 apply. 7.2 6.2 If the Customer fails to give notice of rejection in accordance with clause 7.16.1, it shall be deemed to have accepted these Goodsthe Products or Equipment. 7.3 IDCD 6.3 The Supplier shall not be liable for a Goods' the Products’ or Equipment’s failure to comply with the warranty set out in clause 3.2 in any of the following events:‌ 7.3.1 (a) the Customer makes any further use of those Goods Products or Equipment after giving notice in accordance with clause 7.16.1; 7.3.2 (b) the defect arises because the Customer failed to follow IDCDthe Supplier's (or any of IDCD’s suppliers) oral or written instructions for the storage, commissioning, installation, use and or maintenance of the Goods Products or Equipment or (if there are none) good trade practice regarding the same; 7.3.3 (c) the defect arises as a result of IDCD the Supplier following any drawing, design or Specificationspecification supplied by the Customer; 7.3.4 (d) the Customer alters or repairs those Goods Products or Equipment without the written consent of IDCDthe Supplier; 7.3.5 (e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or 7.3.6 (f) the Goods Products or Equipment 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 6.4 If the Customer rejects Goods Products or Equipment under clause 7.1 6.1 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 shall be entitled to:to:‌ 7.4.1 (a) require the Supplier to repair or replace the rejected GoodsProducts or Equipment; or 7.4.2 provide an adequate level (b) require the Supplier to repay the price of refund (to be determined at the absolute discretion of IDCD) to rejected Products or Equipment in full. Once the Supplier has complied with the Customer’s request, with it shall have no further liability to the Customer for the rejected Goods' Products’ or Equipment’s failure to comply with clause 3.2. 7.5 6.5 The terms of this Agreement these Conditions shall apply to any repaired or replacement Goods Products or Equipment supplied by IDCDthe Supplier. 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 6.6 If the parties dispute whether any Goods Products or Equipment comply with clause 3.2, either party may refer the matter to an Expert for determination the appropriate court in accordance with clause 11this agreement.

ACCEPTANCE AND DEFECTIVE PRODUCTS. 7.1 ‌ 6.1 The Supplier accepts that in accordance with the Website Terms and Conditions and J9’s policy in relation to cancellation by a Customer of an Order applicable to each of the Customer and the Supplier as set out on the Websites (Cancellation, Returns and Refunds Policy), the Customer may reject have the right to return any Goods Product direct to the Supplier. The Supplier agrees to comply with the obligations in the Website Terms and Conditions and the Cancellation, Returns and Refunds Policy (which are incorporated into this agreement) as if it were J9 when handling any return by the Customer. 6.2 To allow the Supplier to comply with clause 6.1, the Supplier shall provide J9 with details of where returned Products should be sent to at the time J9 places the Order. 6.3 If any Products delivered to it that the Customers do not comply with clause 3.24.2, provided that:‌ 7.1.1 notice or are otherwise not in conformity with the terms of rejection is given to IDCDthis agreement, then, without limiting any other right or remedy that J9 may have (whether under statute or otherwise), J9 or the Customer may reject the Products and J9 may: (a) in 6.3.1 require the case of a defect that is apparent on normal visual inspection, within one Business Day of receiving Supplier to repair or replace the Goods; (b) in rejected Products for the case of a latent defect, Customer at the Supplier’s risk and expense within five Business Days of being requested to do so; or‌ 6.3.2 require the latent defect having become apparent; and 7.1.2 none Supplier to, at J9’s discretion, repay to J9 the price of the events listed rejected Products in clause 7.3 apply. 7.2 If full or provide credit to J9, or to the Customer fails should J9 so request, for use on alternative Products (whether or not J9 has previously required the Supplier 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 GoodsProducts); orand 7.4.2 provide an adequate level 6.3.3 claim damages for any other costs, expenses or losses resulting from the Supplier's delivery of refund (to be determined at Products that do not conform with the absolute discretion terms of IDCD) this agreement.‌ 6.4 J9's rights and remedies under this clause 6 are in addition to the Customerrights and remedies available to it in respect of the statutory conditions relating to description, quality, fitness for purpose and correspondence with no further liability to sample implied into these Conditions by the Customer for the rejected Goods' failure to comply with clause 3.2Sale of Goods Act 1979. 7.5 6.5 The terms of this Agreement these Conditions shall apply to any repaired or replacement Goods Products supplied by IDCDthe Supplier. 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 6.6 If the parties dispute whether any Goods comply with clause 3.2, either party may refer the matter Supplier fails to an Expert for determination promptly repair or replace rejected Products in accordance with clause 116.3.1, J9 may, without affecting its rights under clause 6.3.3, obtain substitute products from a third party supplier, or have the rejected Products repaired by a third party, and the Supplier shall reimburse J9 for any reasonable costs it incurs in doing so.