Common use of ACCEPTANCE AND DEFECTIVE PRODUCTS Clause in Contracts

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. 6.1 4.1 The Company Purchaser shall not be deemed to have accepted any Goods Products until the Company it has had a reasonable time to inspect them following deliveryDelivery, or, in the case of a latent defect in the GoodsProducts, until a reasonable time after the latent defect has become apparent. If the Purchaser notifies the Supplier of a rejection the Supplier must respond within 36 hours giving any reasons for disagreement and, within 72 hours of a request by the Purchaser, attend a joint inspection at the Delivery Location. 6.2 4.2 If any Goods Product delivered to the Company do Purchaser does not comply with clause 4.12.3, or are otherwise not in conformity with this the terms of the Agreement, then, without prejudice to limiting any other right or remedy that the Company Purchaser may have (including pursuant to clause 6.4 and those available at law)have, then the Company Purchaser may reject those Goods Products and: : (a) require the Supplier to repair or replace the rejected Goods Products at the Supplier's ’s risk and expense promptly upon within two Business Days of being requested to do so; ; or (b) require the Supplier to repay the Charges price of the rejected Goods Products in full (whether or not the Company have Purchaser has previously required the Supplier to repair or replace the rejected GoodsProducts); and/or and (c) claim damages for any other costs, expenses or losses resulting from the Supplier's delivery of Goods Products that are do not in conformity conform with the terms of the Agreement. 6.3 4.3 The terms of the this Agreement shall apply to any repaired or replacement Goods Products supplied by the Supplier. 6.4 4.4 If the Supplier fails to promptly repair or replace rejected Goods Products in accordance with clause 6.2(a)4.2, the Company Purchaser may, without affecting its rights under clause 6.2(c)4.2, obtain substitute goods products from a third party supplier, or have the rejected Goods Products repaired by a third party, and the Supplier shall reimburse the Company Purchaser for the costs incurred it incurs in doing so.

ACCEPTANCE AND DEFECTIVE PRODUCTS. 6.1 4.1 The Company Purchaser shall not be deemed to have accepted any Goods Products until the Company it has had a reasonable time to inspect them following deliveryDelivery, or, in the case of a latent defect in the GoodsProducts, until a reasonable time after the latent defect has become apparent. If the Purchaser notifies the Supplier of a rejection the Supplier must respond within 36 hours giving any reasons for disagreement and, within 72 hours of a request by the Purchaser, attend a joint inspection at the Delivery Location. 6.2 4.2 If any Goods Product delivered to the Company do Purchaser does not comply with clause 4.12.3, or are otherwise not in conformity with this the terms of the Agreement, then, without prejudice to limiting any other right or remedy that the Company Purchaser may have (including pursuant to clause 6.4 and those available at law)have, then the Company Purchaser may reject those Goods Products and: : (a) require the Supplier to repair or replace the rejected Goods Products at the Supplier's ’s risk and expense promptly upon within two Business Days of being requested to do so; ; or (b) require the Supplier to repay the Charges price of the rejected Goods Products in full (whether or not the Company have Purchaser has previously required the Supplier to repair or replace the rejected GoodsProducts); and/or and (c) claim damages for any other costs, expenses or losses resulting from the Supplier's delivery of Goods Products that are do not in conformity conform with the Agreement.terms of the Agreement.‌ 6.3 4.3 The terms of the this Agreement shall apply to any repaired or replacement Goods Products supplied by the Supplier. 6.4 4.4 If the Supplier fails to promptly repair or replace rejected Goods Products in accordance with clause 6.2(a)4.2, the Company Purchaser may, without affecting its rights under clause 6.2(c)4.2, obtain substitute goods products from a third party supplier, or have the rejected Goods Products repaired by a third party, and the Supplier shall reimburse the Company Purchaser for the costs incurred it incurs in doing so.

ACCEPTANCE AND DEFECTIVE PRODUCTS. 6.1 7.1 The Company shall not be deemed to have accepted any Goods until the Company it has had a reasonable time to inspect them following deliveryDelivery, or, in the case of a latent defect in the Goods, until a reasonable time after the latent defect has become apparent. 6.2 7.2 If any Goods delivered to the Company do not comply with clause 4.15.2, or are otherwise not in conformity with this Agreementthe terms of these Conditions, then, without prejudice to limiting any other right or remedy that the Company may have (including pursuant to clause 6.4 and those available at law)have, then the Company may reject those Goods and: (a) 7.2.1 require the Supplier to repair or replace the rejected Goods at the Supplier's ’s risk and expense promptly upon within [five] Business Days of being requested to do so;; or (b) 7.2.2 require the Supplier to repay the Charges price of the rejected Goods in full (whether or not the Company have has previously required the Supplier to repair or replace the rejected Goods); and/orand (c) 7.2.3 claim damages for any other costs, expenses or losses resulting from the Supplier's ’s delivery of Goods that are do not in conformity conform with the Agreementterms of these Conditions. 6.3 7.3 The Company’s rights and remedies under this clause 7 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 these Conditions by the Sale of Goods Act 1979. 7.4 The terms of the Agreement these Conditions shall apply to any repaired or replacement Goods supplied by the Supplier. 6.4 7.5 If the Supplier fails to promptly repair or replace rejected Goods in accordance with clause 6.2(a)7.2.1, the Company may, without affecting its rights under clause 6.2(c)7.2.3, obtain substitute goods products 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 it incurs in doing so. 7.6 If the parties dispute whether any Goods comply with clause 5.2, either party may refer the matter to an Expert for determination in accordance with clause 11.