ACCEPTANCE AND REJECTION a. Buyer shall accept the Services or give Seller notice of rejection within a reasonable time after the date of delivery. No payment, prior test, inspection, passage of title, any failure or delay in performing any of the foregoing, or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this Contract or impair any rights or remedies of Buyer.
b. If Seller delivers defective or non-conforming Services, Buyer may at its option and at Seller's expense: (i) require Seller to promptly reperform, correct or replace the Services; (ii) correct the Services; or (iii) obtain replacement Services from another source. Return to Seller of defective or non-conforming Services and redelivery to Buyer of corrected or replaced Services shall be at Seller's expense.
c. Seller shall not redeliver corrected or rejected Services without disclosing the former rejection or requirement for correction. Seller shall disclose any corrective action taken. All repair, replacement and other correction and redelivery shall be completed as Buyer may reasonably direct.
ACCEPTANCE AND REJECTION a. Buyer shall accept the Goods or give Seller notice of rejection or revocation of acceptance (“rejection” herein), notwithstanding any payment, prior test or inspection, or passage of title. No inspection, test, delay or failure to inspect or test or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this contract or impair any rights or remedies of Buyer.
b. If Seller delivers non-conforming Goods, Buyer may at its option and at Seller's expense (i) return the Goods for credit or refund; (ii) require Seller to promptly correct or replace the Goods; (iii) correct the Goods; or (iv) obtain replacement Goods from another source.
c. Seller shall not redeliver corrected or rejected goods without disclosing the former rejection or requirement for correction. Seller shall disclose any corrective action taken. 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.
d. All costs and expenses and loss of value incurred as a result of or in connection with nonconformance and repair, replacement or other correction may be recovered from Seller by equitable price reduction or credit against any amounts that may be owed to Seller under this contract or otherwise.
ACCEPTANCE AND REJECTION. Leiner shall give written notice to Impax of any non-compliance of txx Xxxduct with the terms of this Agreement, promptly upon the earlier of (i) its becoming aware of such non-compliance or (ii) the date it should have become aware of such non-compliance. Failure to provide such notice within thirty (30) days after knowledge of such non-compliance shall constitute acceptance thereof. Any notice by Leiner that any Product does not comply with the terms and conditionx xxxxof shall be accompanied by a true and correct copy of the results of any tests conducted by Leiner thereon. Leiner and Impax shall cooperate in good faith to rexxxxx any disputxx xxxsing therefrom and in the event that the parties shall be unable to resolve such dispute within thirty (30) calendar days from the date of Impax's receipt of Leiner's notice of such non-compliance, the parties shall submit sucx xxxxxxe to a mutually agreed-upon independent laboratory. The determination by such laboratory shall be final and binding and the costs therefor shall be borne by the non-prevailing party. Leiner shall not dispose of any Product claimed to be non-compliant xxxxx final resolution of any dispute with respect thereto or Impax's written consent. In the event Leiner requests Impax's consent to destroy a reasonable percentage ox xxxxuted Product and Impax declines, Impax will pay one hundred percent (100%) of the storage costs allocated to such Product if Leiner is the prevailing party in the dispute. If Leiner is not the xxxxxxling party, Leiner shall pay one hundred perxxxx (100%) of the storage costs. Imxxx xxall promptly replace any non-compliant Product, with compliant Product, at Impax's sole cost and expense.
ACCEPTANCE AND REJECTION. The State Entity shall have thirty (30) days after delivery of the Services to perform an inspection of the Services to determine whether the Services conform to the standards specified in the Solicitation and this Contract prior to acceptance of the Services by the State Entity. If Contractor delivers nonconforming Services, the State Entity may, at its option and at Contractor’s expense: (i) return the Services for a full refund; (ii) require Contractor to promptly correct or reperform the nonconforming Services subject to the terms of this Contract; or (iii) obtain replacement Services from another source, subject to Contractor being responsible for any cover costs.
ACCEPTANCE AND REJECTION. The Department shall have thirty (30) days after the performance of the Services to perform an inspection of the Services to determine whether the Services conform to the standards specified in the Solicitation and this Contract prior to acceptance of the Services by the Department. If Contractor delivers nonconforming Services, the Department may, at its option and at Contractor’s expense: (i) return the Services for a full refund; (ii) require Contractor to promptly correct or re-perform the nonconforming Services subject to the terms of this Contract; or (iii) obtain replacement Services from another source, subject to Contractor being responsible for any cover costs.
ACCEPTANCE AND REJECTION. The Department shall have thirty (30) days after the performance of the Services to perform an inspection of the Services to determine whether the Services conform to the standards specified in the Solicitation and this Contract prior to acceptance of the Services by the Department. If Contractor delivers nonconforming Services, the Department may, at its option and at
ACCEPTANCE AND REJECTION. 2.26.1 Except as otherwise provided in this Section 2.26, Contractor shall not submit an invoice or request for payment (each, a “Request for Payment”) and Contractor shall not be entitled to payment and the City shall have no duty to pay Contractor unless the Director accepts the services and other Deliverables specified in Exhibit “B” and such Request for Payment is issued in conjunction with the issuance of a Task Order in accordance with this Section 2.26.
2.26.2 Contractor shall provide written notice to the Director upon completion or delivery of the services or Deliverables specified in Exhibit “B” and in a Task Order issued by the City. On or before the twentieth (20th) Business Day after the date the Director receives Contractor’s written notice of completion or delivery, the Director shall provide written notice to Contractor stating whether the Director has accepted or rejected the services or Deliverables along with the reason(s) for any rejection. Failure of the Director to provide written notice of acceptance or rejection of any services or Deliverables on or before the 20th Business Day from his receipt of the Contractor’s written notice of completion or delivery does not constitute acceptance or approval of the services or Deliverables by the Director or the City. If the Director fails to provide a written notice of acceptance or rejection by the 20th Business Day from the Director’s receipt of Contractor’s written notice of completion or delivery, Contractor may submit a Request for Payment for the DocuSign Envelope ID: 4C11A77B-6D08-4926-B073-BFAC814F211C services or Deliverables and such Request for Payment shall be subject to the Director’s review, verification, and approval or dispute processes specified in the Payment Terms in Section 3.01 of this Agreement.
2.26.3 Notwithstanding anything to the contrary in this Agreement or elsewhere, the Director may, in his sole discretion, approve in writing a partial acceptance of the services and other Deliverables set forth in Exhibit “B”, if any, and in a Task Order issued by the City.
2.26.4 If the Director rejects any services or Deliverables, in whole or part, Contractor shall have fifteen (15) Business Days after the Director sends written notification of rejection to correct or otherwise replace such services or Deliverables as necessary to conform to the Director’s rejection notice. Contractor’s corrections or replacements for rejected services or Deliverables shall be provided at no ad...
ACCEPTANCE AND REJECTION a. Buyer shall accept the Goods or give Seller notice of rejection due to any defect or nonconformance within a reasonable time after the date of delivery. No payment, prior test, inspection, passage of title, any failure or delay in performing any of the foregoing, or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this Contract or impair any rights or remedies of Buyer, including revocation of acceptance.
b. If Seller delivers defective or non-conforming Goods, Buyer may at its option and at Seller's expense: (i) require Seller to promptly correct or replace the Goods; (ii) return the Goods for credit or refund; (iii) correct the Goods; or
ACCEPTANCE AND REJECTION. The Eligible User shall have thirty (30) days after delivery of the Services to perform an inspection of the Services to determine whether the Services conform to the standards specified in the Solicitation and this Contract prior to acceptance of the Services by the Eligible User. If Contractor delivers nonconforming Services, the State Entity may, at its option and at Contractor’s expense: (i) return any deliverable related to the Services for a full refund; (ii) require Contractor to promptly correct or reperform the nonconforming Services subject to the terms of this Contract; or (iii) obtain replacement Services from another source, subject to Contractor being responsible for any cover costs.
ACCEPTANCE AND REJECTION. NYC Health + Hospitals shall have a reasonable period of time to inspect, test, and reject Goods. Receipt of Goods does not constitute acceptance. Vendor shall remove any rejected Goods at its own expense within a reasonable time after being notified of a rejection. Rejected Goods left longer than thirty days after notice of rejection may be regarded as abandoned (“Abandoned Goods”) and NYC Health + Hospitals may dispose of such Goods at the reasonable cost of Vendor. NYC Health + Hospitals shall not be obligated to sell or resell any Abandoned Goods to minimize Vendor's damages.
