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ACCEPTANCE AND REJECTION OF GOODS Sample Clauses

ACCEPTANCE AND REJECTION OF GOODS. 8.1 The Buyer has the right to reject all or any of the Goods supplied to the Buyer if: (a) the Buyer identifies (acting reasonably) that there are any defects or omissions in any of the Goods; and (b) the Goods have not been accepted in accordance with clause 8.3. 8.2 To the extent that the Buyer rejects all or any Goods under clause 8.1, without limiting clause 18.3: (a) the Supplier’s obligation to supply those Goods will be treated as not being satisfied; (b) title and risk in the rejected Goods will remain with, or revert to, the Supplier; (c) the Supplier must not replace the rejected Goods unless it receives instructions from the Buyer to do so; (d) any monies paid by the Buyer to the Supplier in respect of rejected Goods prior to their being rejected must be repaid immediately; and (e) the Supplier must collect the Goods at its own cost and at a time convenient to the Buyer. 8.3 Subject to clause 8.2(b) and without limiting the Buyer’s rights under clause 18.3, all Goods will be accepted by the Buyer, on the earlier of the time when: (a) the Buyer has had a reasonable opportunity to inspect the Goods after delivery, is satisfied with the Goods and has not rejected the Goods under clause 8.1; and (b) the Buyer indicates to the Supplier in writing that the Buyer accepts the Goods.
ACCEPTANCE AND REJECTION OF GOODS. 7.1. Acceptance and/or payment of the Goods by NOVALED shall not constitute approval of the Goods. Reference is made to Section 4.2. 7.2. NOVALED may, at any time, inspect the Goods and the manufacturing process for the Goods. If any inspection or test by NOVALED is made on the premises of Supplier, Supplier shall provide reasonable facilities and assistance for the safety and convenience of NOVALED’s employees. 7.3. NOVALED shall inspect the Goods delivered for apparent undamaged condition and completeness within reasonable time. Notification of patent defects shall – as a rule – be given within two (2) weeks from receipt of the Goods. Notification of latent defects shall be effected promptly after their discovery. Section 11 below shall apply if NOVALED does reject any of the Goods or services. Within two (2) weeks from such notification, Supplier shall collect the Goods from NOVALED at its own expense or shall promptly perform the services again in accordance with NOVALED’s instructions at its own expenses. If Supplier does not collect the Goods within said two (2) weeks period, NOVALED may have the Goods delivered to Supplier at Supplier's cost and risk, or with the Supplier’s prior consent may destroy the Goods, without prejudice to any other right or remedy NOVALED may have under the Agreement or at law. 7.4. If, as a result of random sampling, any portion of a lot or shipment of like or similar items is found not to conform to the Agreement, NOVALED may reject and return the entire shipment or lot without further inspection or, at its option, perform complete inspection of all items in the shipment or lot, reject and return any or all nonconforming units (or accept them at a reduced price) and charge Supplier the cost of such inspection or accept it at a reduced price.
ACCEPTANCE AND REJECTION OF GOODSBuyer may inspect all or a sample of the Goods on or after the Delivery Date. Buyer, at its sole discretion, may reject all or any portion of the goods if it determines Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer may (a) rescind this Order in its entirety; (b) accept the Goods at a reasonably reduced price; (c) reject the Goods and require replacement or repair thereof; or (d) provide Non Conformance Material Report (NCMR) prior to correction of the Goods and charge Seller for all costs associated with the correction by means of crediting any outstanding invoice or future invoices. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for return of the defective Goods and delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace, repair or rework the Goods from a third party and charge Seller the cost thereof and terminate this Order for default. Any inspection or other action by Buyer hereunder will not reduce or otherwise affect Seller’s obligations under this Order. Buyer may conduct further inspections after Seller has carried out its remedial actions. The remedies contained in this clause are in addition to any remedies Buyer may have at law, equity, or under other provisions of this Contract.
ACCEPTANCE AND REJECTION OF GOODS. 11.1 QVC shall not be deemed to have accepted the Goods until it has had 30 days to inspect them following delivery. QVC will also have the right to reject the Goods as though they had not been accepted for 30 days after any latent defect in the Goods has become apparent. 11.2 The Seller acknowledges that QVC does not inspect each item upon receipt of Goods and therefore defects, imperfections or nonconformity with any representations, warranties or covenants set out in the Contract may not be discovered by QVC until Goods shall have been purchased by customers and returned to QVC after such customers examine their purchases. No inspection, test or discovery of any breach of condition or warranty, or failure to inspect, test or to discover and breach of condition or warranty shall constitute acceptance or waiver of any of QVC’s rights or remedies whatsoever. 11.3 If QVC elects to inspect or test the Goods or any part thereof for quality control purposes and 5% or more of the Goods so inspected or tested fail such inspection or test, and QVC elects to inspect or test the remainder of the Goods, such further inspection or tests including the initial inspection or tests shall be conducted at the Seller’s expense and the Seller agrees to pay or reimburse QVC for all expenses incurred by QVC in connection with such further inspection or tests. Notwithstanding any such inspection or testing, the Seller will remain fully responsible for the Goods and any such inspection or testing will not diminish or otherwise affect the Seller’s obligations under the Contract. 11.4 Any Goods rejected by QVC under the Contract are returned to the Seller at the Seller’s expense and risk and QVC shall at its option receive either a credit or refund of all amounts paid by QVC for such Goods. If QVC shall elect to receive a refund, the Seller will pay QVC such sums within thirty (30) days of QVC’s request. In the event that QVC shall opt to receive a credit, QVC may apply such a credit toward any amounts then due or which may become due to the Seller. Goods returned by QVC shall remain the property of QVC until receipt of payment of the refund or the Seller’s credit note as elected by QVC. The Seller authorises QVC to return Goods without additional authorization, and the Seller agrees to accept such returns. Goods returned or rejected by QVC are not to be replaced by the Seller without the prior written approval of QVC. Further detail on QVC’s procedure for rejected Goods is in the...
ACCEPTANCE AND REJECTION OF GOODS. 7.1. Acceptance and/or payment of the Goods by sunfire shall not constitute approval of the Goods. Reference is made to Section 4.2. 7.2. sunfire may, at any time, inspect the Goods and the manufacturing process for the Goods. If any inspection or test by sunfire is made on the premises of Supplier, Supplier shall provide reasonable facilities and assistance for the safety and convenience of sunfire’s employees. 7.3. As far as the commercial duty to examine and give notice of defects applies, such duty is limited to examination of Goods with respect to quantity and identity, visible transportation and packaging damages and tests of the Goods on a sample basis. sunfire shall inspect the Goods within reasonable time. Notification of obvious defects shall be given within two (2) weeks from receipt of the Goods. Notification of latent defects shall be effected promptly after their discovery. Section 10 below shall apply if sunfire does reject any of the Goods or services. Within two (2) weeks from such notification, Supplier shall collect the Goods from sunfire at its own expense or shall promptly perform the services again in accordance with sunfire’s instructions at its own expenses. If Supplier does not collect the Goods within such two (2) weeks period, sunfire may have the Goods delivered to Supplier at Supplier's cost and risk, or with the Supplier’s prior consent may destroy the Goods, without prejudice to any other right or remedy sunfire may have under the Agreement or at law. 7.4. If, as a result of random sampling, any portion of a lot or shipment of like or similar items is found not to conform to the Agreement, sunfire may reject and return the entire shipment or lot without further inspection or, at its option, perform complete inspection of all items in the shipment or lot, reject and return any or all nonconforming units (or accept them at a reduced price) and charge Supplier the cost of such inspection or accept it at a reduced price.
ACCEPTANCE AND REJECTION OF GOODS. Purchaser promises to inspect all goods delivered pursuant to each quotation within 30 days of receipt and to advise COMPANY in writing of any nonconforming goods within the said 30 days of receipt, and after that time all goods are deemed to be accepted. Purchaser agrees that if the goods tendered under this contract are accepted, such acceptance satisfies all of COMPANY’s obligations and after acceptance Purchaser shall have no claim of any kind against COMPANY including, but not limited to, claims for dimensional or finish variations.
ACCEPTANCE AND REJECTION OF GOODS. 7.1. If (acting reasonably) we determine that the Goods do not comply with the Contract or if you fail to deliver the Goods in accordance with Clause 5, we can reject Goods within 30days of Delivery (or 60 days forExcess Goods). 7.2. If we do not reject Goods within the periods set out inClause 7.1, you can assume they are accepted. By accepting any Goods we are not waiving either Party’s obligations or rights underthe Contract or otherwise under Applicable Laws. 7.3. You acknowledge that: a. the Goods are supplied forresale; b. packaging and distribution procedures prevent examination of the Goods until aftertheyare displayed for sale; and c. some defects maynot be discovered until a consumer draws them to ourattention. 7.4. Subject to Clause 7.5, if we discover that any of the Goods do not comply with the warranties in Clause 11 or become unfit for resale sooner than permitted by the Specification, we may (acting reasonably) issue an EPW. Wherewe issue an EPWyou will pay to us the EPW withdrawal fee as agreed and we can (actingreasonably): a. reject and either require you to promptly collect or (where reasonable) ourselves destroy (in either case at your cost) the EPW Goods; b. require you to replace the EPWGoods; and/or c. terminate anyContract for EPWGoods. 7.5. We cannot exercise ourrights in Clause 7.1 or 7.4 where the non-compliance was caused exclusivelybyus. 7.6. We will tell you if we reject the Goods. If you disagree that we are entitled to reject them, you must tell us within 3 days and you andwe will negotiate in good faith to resolve the dispute. 7.7. Wherewe have paid for any Goods we reject undera Contract: a. you will provide us with a refund for those Goods within 30 days of the date of rejection; and b. untilwe receive the refund, you are notentitled to collect those Goods. 7.8. If we choose to ask you to deliver Goods toreplace any rejected Goods you will do so in accordance with our reasonable requirements, at no more than the cost ofthe rejected Goods set out in the relevantOrder. 7.9. Whereyou dispose of any Goodsyou will (atyourexpense) remove all references to us that are on the Goods.

Related to ACCEPTANCE AND REJECTION OF GOODS

  • 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 OF GOODS Under no circumstances shall UNDP be required to accept any Goods that do not conform to the specifications or requirements of the Contract. UNDP may condition its acceptance of the Goods upon the successful completion of acceptance tests as may be specified in the Contract or otherwise agreed in writing by the Parties. In no case shall UNDP be obligated to accept any Goods unless and until UNDP has had a reasonable opportunity to inspect the Goods following delivery. If the Contract specifies that UNDP shall provide a written acceptance of the Goods, the Goods shall not be deemed accepted unless and until UNDP in fact provides such written acceptance. In no case shall payment by UNDP in and of itself constitute acceptance of the Goods.

  • Procurement of Goods Part A: General Goods shall be procured in accordance with the provisions of Section I of the "Guidelines for Procurement under IBRD Loans and XXX Credits" published by the Bank in January 1995 and revised in January 1996 (the Guidelines) and the following provisions of this Section, as applicable. Part B: International Competitive Bidding

  • Supply of Goods 6.1 In consideration of UKRI’s agreement to pay the Charges, the Supplier shall supply all Goods in accordance with the Agreement and any Contract. In particular, the Supplier warrants that the Goods shall: (a) conform with their description in the specifications (including the Specification), drawings, descriptions given in quotations, estimates, brochures, sales, marketing and technical literature or material (in whatever format made available by the Supplier) supplied by, or on behalf of, the Supplier; (b) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) and fit for any purpose held out by the Supplier or made known to the Supplier by UKRI, expressly or by implication, and in this respect UKRI relies on the Supplier's skill and judgement. The Supplier acknowledges and agrees that the approval by UKRI shall not relieve the Supplier of any of its obligations under this sub-clause; (c) where applicable, be free from defects (manifest or latent), in materials and workmanship and remain so for 12 months after Delivery; (d) be free from design defects; (e) comply with all applicable statutory and regulatory requirements relating to the manufacture, labelling, packaging, storage, handling and delivery of the Goods; (f) be supplied in accordance with all applicable legislation in force from time to time; and (g) be destined for supply into, and fully compliant for use in, the United Kingdom (unless specifically stated otherwise in the Specification). 6.2 In supplying the Goods, the Supplier shall co-operate with UKRI in all matters relating to the supply of the Goods and comply with all of UKRI’s instructions. 6.3 The Supplier shall ensure that at all times it has and maintains all the licences, permissions, authorisations, consents and permits that it needs to carry out its obligations under the Agreement. 6.4 UKRI and its representatives shall have the right to inspect and test the Goods at any time before Delivery. 6.5 If following such inspection or testing UKRI considers that the Goods do not conform or are unlikely to comply with the Supplier's undertakings at clause 6.1, UKRI shall inform the Supplier and the Supplier shall immediately take such remedial action as is necessary to ensure compliance. 6.6 Notwithstanding any such inspection or testing, the Supplier shall remain fully responsible for the Goods and any such inspection or testing shall not reduce or otherwise affect the Supplier's obligations under this Agreement, and UKRI shall have the right to conduct further inspections and tests after the Supplier has carried out its remedial actions. 6.7 UKRI’s rights under the Agreement are without prejudice to and in addition to the statutory terms implied in favour of UKRI under the Sale of Goods Act 1979, the Supply of Goods and Services Act 1982 and any other applicable legislation as amended.

  • Acceptance of the Terms of Use These terms of use are entered into by and between You and InterPayments Inc ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of xxx.xxxxxxxxxxxxx.xxx, including any content, functionality, and services offered on or through xxx.xxxxxxxxxxxxx.xxx (the "Website"), whether as a guest or a registered user. Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.