Common use of Acceptance and/or Rejection Clause in Contracts

Acceptance and/or Rejection. Buyer shall accept the Goods or give Seller notice of rejection within thirty (30) days after delivery, notwithstanding any payment or prior test or inspection. No inspection, test, delay, or failure to inspect/test or failure to discover any defect or other nonconformance shall relieve Seller of any of its obligations under this Contract or impair any rights or remedies of Buyer or Buyer’s customers. Buyer may revoke acceptance of Goods if the Goods are not conforming and if Xxxxx’s acceptance was reasonably induced either by the difficulty of discovery before acceptance or by the Seller’s assurances. If Seller delivers nonconforming Goods, Buyer may require Seller to promptly correct or re-perform the nonconforming Goods. The cost of replacement or correction shall be included in allowable cost, determined as provided in the Allowable Cost and Payment clause, but no additional fee shall be paid. Seller shall disclose any corrective action taken. All repair, replacement and other correction and redelivery shall be completed within the original delivery schedule or such later time as Xxxxx’s Authorized Procurement Representative may reasonably direct. Notwithstanding the paragraph above of this clause, the Buyer may at any time require the Seller to remedy by correction or replacement, without cost to the Buyer, any failure by the Seller to comply with the requirements of this contract, if the failure is due to (1) Fraud, lack of good faith, or willful misconduct on the part of the Seller's managerial personnel; or (2) The conduct of one or more of the Seller's employees selected or retained by the Seller after any of the Seller's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified. See FAR 52.246-3 “Inspection of Supplies-Cost Reimbursement” and FAR 52.246-5 “Inspection of Services-Cost Reimbursement for additional requirements.

Acceptance and/or Rejection. Buyer shall accept the Goods or give Seller notice of rejection within thirty (30) days after delivery, notwithstanding any payment or prior test or inspection. No inspection, test, delay, or failure to inspect/test or failure to discover any defect or other nonconformance shall relieve Seller of any of its obligations under this Contract or impair any rights or remedies of Buyer or Buyer’s 's customers. Buyer may revoke acceptance of Goods if the Goods are not conforming and if Xxxxx’s 's acceptance was reasonably induced either by the difficulty of discovery before acceptance or by the Seller’s 's assurances. If Seller delivers nonconforming Goods, Buyer may require Seller to promptly correct or re-perform the nonconforming Goods. The cost of replacement or correction shall be included in allowable cost, determined as provided in the Allowable Cost and Payment clause, but no additional fee shall be paid. Seller shall disclose any corrective action taken. All repair, replacement and other correction and redelivery shall be completed within the original delivery schedule or such later time as Xxxxx’s 's Authorized Procurement Representative may reasonably direct. Notwithstanding the paragraph above of this clause, the Buyer may at any time require the Seller to remedy by correction or replacement, without cost to the Buyer, any failure by the Seller to comply with the requirements of this contract, if the failure is due to (1) Fraud, lack of good faith, or willful misconduct on the part of the Seller's managerial personnel; or (2) The conduct of one or more of the Seller's employees selected or retained by the Seller after any of the Seller's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified. See FAR 52.246-3 “"Inspection of Supplies-Cost Reimbursement” " and FAR 52.246-5 “"Inspection of Services-Cost Reimbursement for additional requirements.