Common use of Acceptance and Warranty Clause in Contracts

Acceptance and Warranty. Final acceptance of material by EMS will not be until after arrival at the EMS facility from which this order originates, unless otherwise specified herein. Seller warrants that all articles, material and work supplied by Seller under this order conform to the requirements, specifications, drawings, samples or other descriptions furnished or adopted by EMS and that they are of good material and workmanship and free from all defects in manufacture or design, and are of merchantable quality and fit for their intended purpose. Such warranties by Seller shall run to the benefits of EMS, its employees and purchaser’s from EMS. EMS’s approval of designs furnished by Seller shall not relieve Seller of its obligation under this warranty. Seller’s warranty shall be effective for a period of time as set forth on the face of this purchase order. If no such schedule is set forth on the face of this purchase order, the warranty shall be effective for a period of one year from the date of acceptance of goods by EMS, or for such longer period specified by Seller. All articles and material returned to Seller for breach of warranty hereunder shall be at Seller’s expense, including expenses and penalties incurred by EMS in recalling such articles and materials which have been delivered to EMS’s customers and expense of redelivery. Seller agrees that shipment of materials against this P.O. constitutes certification that all articles or goods included in this shipment conform in all respect to the applicable requirements, specifications, and drawings. Seller will make process control data, inspection, and test reports covering the articles or goods and their parts available for review and subject to examination by EMS or its authorized representative to verify conformance to such applicable specifications and drawings. However, a certificate of conformance must accompany individual shipments when so specified on applicable drawings, or on the front of this purchase order. Any articles or materials not accepted by EMS may be returned to Seller at Seller’s expense for full credit of the purchase price. Inspection may be performed at EMS’s option on a statistical sampling basis. The entire lot may be rejected based on defeats revealed by such sampling. At EMS’s option, the rejected lot will be either returned to the Seller for replacement or credit or 100% screened by EMS with cost of screening paid by Seller. The initial inspection performed at EMS on receipt of material is a conditional acceptance, and shall not waiver the right of EMS to return material to Seller which exhibits or develops defects due to latent causes during or after installation or testing of the end product. Seller shall preserve all special drawings, dies, patterns, tooling or other items supplied or paid for by EMS in good condition; and they are the property of EMS unless otherwise specified, and the same such items shall be returned in good condition when the work on the order has been completed or terminated, or at any other time as requested by EMS. No special drawing, die, pattern, tool or other item supplied by EMS I or made by Seller for the use of or delivery to EMS, or for use by Seller in supplying EMS, shall be used by Seller for any purpose other than supplying EMS, without Sellers first obtaining the written consent of EMS thereto, provided, however, that if the U.S. Government has rights in such items under a prime contract with EMS, noninterfering use of the items for direct sales to the Government is authorized if written notice is provided to EMS prior to such use. If material, equipment, special drawings, dies, patterns, or other items are furnished by EMS for performance of this purchase order, all risk of loss thereof or damage thereto shall be upon Seller from the time of shipment to Seller until redelivery to and receipt by EMS.

Acceptance and Warranty. Final acceptance of material Goods by EMS Sensata will not be until after arrival at the EMS Sensata facility from which this order originatesdesignated by a Purchase Order, unless otherwise specified herein. Seller warrants that all articles, material and work Goods supplied by Seller under this order a Purchase Order or Agreement (i) conform to the requirements, specifications, drawings, samples or other descriptions furnished or adopted by EMS Sensata, and (ii) that they are of good material and workmanship workmanship, and (iii) free from all defects in manufacture or designdesign if design is not provided by Sensata, and (iv) are of merchantable quality and fit for their intended purpose, and (vi) new, and (vii) free from all liens and encumbrances on title. Such warranties by Seller shall run to the benefits of EMSSensata, its employees and purchaser’s purchasers from EMSSensata. EMSSensata’s approval of designs furnished by Seller shall not relieve Seller of its obligation under this warranty. Seller’s warranty shall be effective for a period of time as set forth on the face of this purchase order. If no such schedule is set forth on the face of this purchase order, the warranty shall be effective for a period of one year four (4) years from the date of acceptance of goods Goods by EMSSensata, or for such longer period as specified by SellerSensata. All articles and material Goods returned to Seller for breach of warranty hereunder shall be at Seller’s expense, including expenses and penalties incurred by EMS Sensata in recalling such articles and materials Goods which have been delivered to EMSSensata’s customers and expense of redelivery. Seller agrees that shipment of materials against this P.O. constitutes certification that all articles or goods included in this shipment conform in all respect to the applicable requirements, specifications, and drawings. Seller will make process control data, inspection, inspection and test reports covering the articles or goods Goods and their parts available for review and subject to examination by EMS Sensata or its authorized representative to verify conformance to such applicable specifications and drawings. However, a certificate of conformance must accompany individual shipments when so specified on applicable drawings, or on the front of this purchase orderPurchase Order. Any articles or materials Goods not accepted by EMS Sensata may be returned to Seller at Seller’s expense for full credit of the purchase price. Inspection may be performed at EMSSensata’s option on a statistical sampling basis. The entire lot may be rejected based on defeats defects revealed by such sampling. At EMSSensata’s option, the rejected lot will be either returned to the Seller for replacement (via expedited freight at Seller’s expense) or credit or 100% screened by EMS Sensata with cost of screening paid by Seller. The initial inspection performed at EMS on Sensata upon receipt of material Goods is a conditional acceptance, and shall not waiver waive the right of EMS Sensata to return material to Seller Goods which exhibits exhibit or develops develop defects due to latent causes during or after installation or testing of the end product. Seller shall preserve all special drawings, dies, patterns, tooling or other items supplied or paid for by EMS The foregoing remedies are in good condition; and they are the property of EMS unless otherwise specifiedaddition to, and the same such items shall be returned not in good condition when the work on the order has been completed or terminated, or at lieu of any other time as requested by EMS. No special drawing, die, pattern, tool or other item supplied by EMS I or made by Seller for the use of or delivery remedies available to EMS, or for use by Seller in supplying EMS, shall be used by Seller for any purpose other than supplying EMS, without Sellers first obtaining the written consent of EMS thereto, provided, however, that if the U.S. Government has rights in such items under a prime contract with EMS, noninterfering use of the items for direct sales to the Government is authorized if written notice is provided to EMS prior to such use. If material, equipment, special drawings, dies, patterns, or other items are furnished by EMS for performance of this purchase order, all risk of loss thereof or damage thereto shall be upon Seller from the time of shipment to Seller until redelivery to and receipt by EMSSensata.

Acceptance and Warranty. Final acceptance of material Goods by EMS Sensata will not be until after arrival at the EMS Sensata facility from which this order originatesdesignated by a Purchase Order, unless otherwise specified herein. Seller warrants that all articles, material and work Goods supplied by Seller under this order a Purchase Order or Agreement (i) conform to the requirements, specifications, drawings, samples or other descriptions furnished or adopted by EMS Sensata, and (ii) that they are of good material and workmanship workmanship, and (iii) free from all defects in manufacture or designdesign if design is not provided by Sensata, and (iv) are of merchantable quality and fit for their intended purpose, and (vi) new, and (vii) free from all liens and encumbrances on title. Such warranties by Seller shall run to the benefits of EMSSensata, its employees and purchaser’s purchasers from EMSSensata. EMSSensata’s approval of designs furnished by Seller shall not relieve Seller of its obligation under this warranty. Seller’s warranty shall be effective for a period of time as set forth on the face of this purchase order. If no such schedule is set forth on the face of this purchase order, the warranty shall be effective for a period of one 1 (1) year from the date of acceptance of goods Goods by EMSSensata, except to the extent that a manufacturer’s warranty provides for a long term for any related subcomponent of Goods, or for such longer period specified by Selleras mutually agreed upon between the parties. All articles and material Goods returned to Seller for breach of warranty hereunder shall be at Seller’s expense, including expenses and penalties incurred by EMS Sensata in recalling such articles and materials Goods which have been delivered to EMSSensata’s customers and expense of redelivery. Seller agrees that shipment of materials against this P.O. constitutes certification that all articles or goods included in this shipment conform in all respect to the applicable requirements, specifications, and drawings. Seller will make process control data, inspection, inspection and test reports covering the articles or goods Goods and their parts available for review and subject to examination by EMS Sensata or its authorized representative to verify conformance to such applicable specifications and drawings. However, a certificate of conformance must accompany individual shipments when so specified on applicable drawings, or on the front of this purchase orderPurchase Order. Any articles or materials Goods not accepted by EMS Sensata may be returned to Seller at Seller’s expense for full credit of the purchase price. Inspection may be performed at EMS’s option on a statistical sampling basis. The entire lot may be rejected based on defeats revealed by such sampling. At EMS’s option, the rejected lot will be either returned to the Seller for replacement or credit or 100% screened by EMS with cost of screening paid by Seller. .. The initial inspection performed at EMS on Sensata upon receipt of material Goods is a conditional acceptance, and shall not waiver waive the right of EMS Sensata to return material to Seller Goods which exhibits exhibit or develops develop defects due to latent causes during or after installation or testing of the end product. Seller shall preserve all special drawings, dies, patterns, tooling or other items supplied or paid for by EMS installation.. The foregoing remedies are in good condition; and they are the property of EMS unless otherwise specifiedaddition to, and the same such items shall be returned not in good condition when the work on the order has been completed or terminated, or at lieu of any other time as requested by EMS. No special drawing, die, pattern, tool or other item supplied by EMS I or made by Seller for the use of or delivery remedies available to EMS, or for use by Seller in supplying EMS, shall be used by Seller for any purpose other than supplying EMS, without Sellers first obtaining the written consent of EMS thereto, provided, however, that if the U.S. Government has rights in such items under a prime contract with EMS, noninterfering use of the items for direct sales to the Government is authorized if written notice is provided to EMS prior to such use. If material, equipment, special drawings, dies, patterns, or other items are furnished by EMS for performance of this purchase order, all risk of loss thereof or damage thereto shall be upon Seller from the time of shipment to Seller until redelivery to and receipt by EMSSensata.

Acceptance and Warranty. Final acceptance of material by EMS Xxxxx will not be until after its arrival at the EMS Buyer’s facility from which this order originates, unless otherwise specified herein. Seller warrants that all articles, material and work supplied by Seller under this order conform to the requirements, specifications, drawings, samples or other descriptions furnished or adopted by EMS Buyer and that they are of good material and workmanship and free from all defects in manufacture or design, and are of merchantable quality and fit for their intended purpose. Such warranties by Seller shall run to the benefits of EMSthe Buyer, its employees and purchaser’s from EMSBuyer. EMSBuyer’s approval of designs furnished by Seller shall not relieve Seller of its obligation under this warranty. Seller’s warranty shall be effective for a period of time as set forth on the face of this purchase order. If no such schedule is set forth on the face of this purchase order, the warranty shall be effective for a period of one year from the date of acceptance of goods by EMSBuyer, or for such longer period specified by Seller. All articles and material returned to Seller for breach of warranty hereunder shall be at Seller’s expense, including expenses and penalties incurred by EMS Xxxxx in recalling such articles and materials which have been delivered to EMSBuyer’s customers and expense of redelivery. Seller agrees that shipment of materials against this P.O. constitutes certification that all articles or goods included in this shipment conform in all respect to the applicable requirements, specifications, and drawings. Seller will make process control data, inspection, and test reports covering the articles or goods and their parts available for review and subject to examination by EMS Buyer or its authorized representative to verify conformance to such applicable specifications and drawings. However, a certificate of conformance must accompany individual shipments when so specified on applicable drawings, or on the front of this purchase order. Any articles or materials not accepted by EMS Buyer may be returned to Seller at Seller’s expense for full credit of the purchase price. Inspection may be performed at EMSBuyer’s option on a statistical sampling basis. The entire lot may be rejected based on defeats revealed by such sampling. At EMSBuyer’s option, the rejected lot will be either returned to the Seller for replacement or credit or 100% 100 screened by EMS buyer with cost of screening paid by Seller. The initial inspection performed at EMS KRAIBURG TPE Corp. on receipt of material is a conditional acceptance, and shall not waiver waive the right of EMS the buyer to return material to Seller which exhibits or develops defects due to latent causes during or after installation or testing of the end product. Seller shall preserve all special drawings, dies, patterns, tooling or other items supplied or paid for by EMS in good condition; and they are the property of EMS unless otherwise specified, and the same such items shall be returned in good condition when the work on the order has been completed or terminated, or at any other time as requested by EMS. No special drawing, die, pattern, tool or other item supplied by EMS I or made by Seller for the use of or delivery to EMS, or for use by Seller in supplying EMS, shall be used by Seller for any purpose other than supplying EMS, without Sellers first obtaining the written consent of EMS thereto, provided, however, that if the U.S. Government has rights in such items under a prime contract with EMS, noninterfering use of the items for direct sales to the Government is authorized if written notice is provided to EMS prior to such use. If material, equipment, special drawings, dies, patterns, or other items are furnished by EMS for performance of this purchase order, all risk of loss thereof or damage thereto shall be upon Seller from the time of shipment to Seller until redelivery to and receipt by EMS.

Acceptance and Warranty. Final acceptance of material Goods by EMS Xxxxxx will not be until after arrival at the EMS Xxxxxx facility from which this order originatesdesignated by a Purchase Order, unless otherwise specified herein. Seller warrants that all articles, material and work Goods supplied by Seller under this order a Purchase Order or Agreement (i) conform to the requirements, specifications, drawings, samples or other descriptions furnished or adopted by EMS Xxxxxx, and (ii) that they are of good material and workmanship workmanship, and (iii) free from all defects in manufacture or designdesign if design is not provided by Xxxxxx, and (iv) are of merchantable quality and fit for their intended purpose, and (vi) new, and (vii) free from all liens and encumbrances on title. Such warranties by Seller shall run to the benefits of EMSXxxxxx, its employees and purchaser’s purchasers from EMSXxxxxx. EMS’s Xxxxxx’x approval of designs furnished by Seller shall not relieve Seller of its obligation under this warranty. Seller’s warranty shall be effective for a period of time as set forth on the face of this purchase order. If no such schedule is set forth on the face of this purchase order, the warranty shall be effective for a period of one year four (4) years from the date of acceptance of goods Goods by EMSXxxxxx, or for such longer period as specified by SellerXxxxxx. All articles and material Goods returned to Seller for breach of warranty hereunder shall be at Seller’s expense, including expenses and penalties incurred by EMS Xxxxxx in recalling such articles and materials Goods which have been delivered to EMS’s Xxxxxx’x customers and expense of redelivery. Seller agrees that shipment of materials against this P.O. constitutes certification that all articles or goods included in this shipment conform in all respect to the applicable requirements, specifications, and drawings. Seller will make process control data, inspection, inspection and test reports covering the articles or goods Goods and their parts available for review and subject to examination by EMS Xxxxxx or its authorized representative to verify conformance to such applicable specifications and drawings. However, a certificate of conformance must accompany individual shipments when so specified on applicable drawings, or on the front of this purchase orderPurchase Order. Any articles or materials Goods not accepted by EMS Xxxxxx may be returned to Seller at Seller’s expense for full credit of the purchase price. Inspection may be performed at EMS’s Xxxxxx’x option on a statistical sampling basis. The entire lot may be rejected based on defeats defects revealed by such sampling. At EMS’s Xxxxxx’x option, the rejected lot will be either returned to the Seller for replacement (via expedited freight at Seller’s expense) or credit or 100% screened by EMS Xxxxxx with cost of screening paid by Seller. The initial inspection performed at EMS on Xxxxxx upon receipt of material Goods is a conditional acceptance, and shall not waiver waive the right of EMS Xxxxxx to return material to Seller Goods which exhibits exhibit or develops develop defects due to latent causes during or after installation or testing of the end product. Seller shall preserve all special drawings, dies, patterns, tooling or other items supplied or paid for by EMS The foregoing remedies are in good condition; and they are the property of EMS unless otherwise specifiedaddition to, and the same such items shall be returned not in good condition when the work on the order has been completed or terminated, or at lieu of any other time as requested by EMS. No special drawing, die, pattern, tool or other item supplied by EMS I or made by Seller for the use of or delivery remedies available to EMS, or for use by Seller in supplying EMS, shall be used by Seller for any purpose other than supplying EMS, without Sellers first obtaining the written consent of EMS thereto, provided, however, that if the U.S. Government has rights in such items under a prime contract with EMS, noninterfering use of the items for direct sales to the Government is authorized if written notice is provided to EMS prior to such use. If material, equipment, special drawings, dies, patterns, or other items are furnished by EMS for performance of this purchase order, all risk of loss thereof or damage thereto shall be upon Seller from the time of shipment to Seller until redelivery to and receipt by EMSXxxxxx.

Acceptance and Warranty. Final acceptance of material by EMS AirBorn will not be until after arrival at the EMS AirBorn facility from which this order originates, unless otherwise specified herein. Seller warrants that all articles, material and work supplied by Seller under this order conform to the requirements, specifications, drawings, samples samples, or other descriptions furnished or adopted by EMS AirBorn and that they are of good material and workmanship and free from all defects in manufacture or design, and are of merchantable quality and fit for their intended purposepurchase. Such warranties by Seller shall run to the benefits benefit of EMSAirBorn, its employees and purchaser’s purchasers from EMSAirBorn. EMSAirBorn’s approval of designs furnished by Seller shall not relieve Seller of its obligation under this warranty. Seller’s warranty shall be effective for a period of time as set forth on the face of this purchase order. If no such schedule is set forth on the face of this purchase order, the warranty shall be effective for a period of one year five years from the date of acceptance of goods by EMSAirBorn, or for such longer period specified by Seller. All articles and material returned to Seller for breach of warranty hereunder shall be at Seller’s expense, including expenses and penalties incurred by EMS in recalling such articles and materials which have been delivered to EMS’s customers and expense of redelivery. Seller agrees that shipment of materials against this P.O. constitutes certification that all articles or goods included in this shipment conform in all respect to the applicable requirements, specifications, and drawings. Seller will make process control data, inspection, inspection and test reports covering the articles or goods and their parts available for review and subject to examination by EMS AirBorn or its authorized representative representative(s) to verify conformance to such applicable specifications and drawings. However, a certificate A Certificate of conformance Conformance must accompany individual shipments when so specified on applicable drawings, or on the front of this purchase order. Any articles or materials not accepted by EMS may be returned to Seller at Seller’s expense for full credit of the purchase price. Inspection may be performed at EMS’s option on a statistical sampling basis. The entire lot may be rejected based on defeats revealed by such sampling. At EMS’s option, the rejected lot will be either returned to the Seller for replacement or credit or 100% screened by EMS with cost of screening paid by Seller. The initial inspection performed at EMS on receipt of material is a conditional acceptance, and shall not waiver the right of EMS to return material to Seller which exhibits provide “Counterfeit Parts”. These are parts that are themselves (or develops defects due to latent causes during or after installation or testing of the end product. Seller shall preserve all special drawings, dies, patterns, tooling contain items) misrepresented as having been designed and/or produced under an approved system or other items supplied or paid for by EMS in good condition; and they are the property of EMS unless otherwise specified, and the same such items shall be returned in good condition when the work on the order has been completed or terminatedacceptable method, or at any other time as requested by EMS. No special drawing, die, pattern, tool or other item supplied by EMS I or made by Seller for the use of or delivery to EMShave reached a design life limit, or for use by Seller in supplying EMShave been damaged beyond possible repair, shall be used by Seller for any purpose other than supplying EMS, without Sellers first obtaining but are altered and misrepresented as acceptable. Buy only non-Counterfeit Work product from the written consent of EMS thereto, provided, however, that if the U.S. Government has rights in such items under a prime contract with EMS, noninterfering use of the items for direct sales to the Government is authorized if written notice is provided to EMS prior to such use. If material, equipment, special drawings, dies, patternsOriginal Component Manufacturer (OCM)/Original Equipment Manufacturer (OEM), or other items are furnished by EMS for performance of this purchase order, all risk of loss thereof through an OCM/OEM authorised distributor chain. Work shall not be acquired from independent distributers or damage thereto shall be upon Seller from the time of shipment to Seller until redelivery to and receipt by EMSbrokers.

Acceptance and Warranty. Final acceptance of material and products by EMS Buyer will not be until after arrival at the EMS Buyer’s facility from which this order Order originates, unless otherwise specified herein. Seller warrants that all articles, material and work supplied by Seller under this order Order conform to the requirements, specifications, drawings, samples samples, or other descriptions furnished or adopted by EMS Buyer and that they are of good material and workmanship and free from all defects in manufacture or design, design and are of merchantable quality and fit for their intended purposepurchase for the forty-eight (48) month period following Seller’s shipment to and acceptance by Buyer. In addition to any express or implied warranties, Seller warrants that the product will be new and unused. Such warranties by Seller shall run to the benefits benefit of EMSthe Buyer, its employees and purchaser’s from EMScustomers. EMSBuyer’s approval of designs furnished provided by Seller shall not relieve Seller of its obligation under this warranty. Seller’s warranty shall be effective for a period of time as set forth on the face of this purchase order. If no such schedule is set forth on the face of this purchase order, the warranty shall be effective for a period of one year from the date of acceptance of goods by EMS, or for such longer period specified by Seller. All articles and material returned to Seller for breach of warranty hereunder shall be at Seller’s expense, including expenses and penalties incurred by EMS in recalling such articles and materials which have been delivered to EMS’s customers and expense of redelivery. Seller agrees that shipment of materials against this P.O. constitutes certification that all articles or goods included in this shipment conform in all respect to the applicable requirements, specifications, and drawings. Seller will make process control data, inspection, inspection and test reports covering the articles or goods and their parts available for review and subject to examination by EMS the Buyer or its authorized representative representative(s) to verify conformance to such applicable specifications and drawings. However, a certificate Certificate of conformance Conformation must accompany individual shipments when so specified on applicable drawings, or on the front of this purchase orderOrder. Any articles or materials not accepted by EMS may be returned In addition to the foregoing, Seller at further warrants that the product, Seller’s expense for full credit business (including its manufacturing, operating and hiring processes) and the product documentation complies with all international, national, federal, state and local ordinances, rules and regulations (including but not limited to the Fair Labor Standards Act of the purchase price. Inspection may be performed at EMS’s option on a statistical sampling basis. The entire lot may be rejected based on defeats revealed by such sampling. At EMS’s option1938, as amended, the rejected lot will be either returned to Occupational Safety and Health Act of 1970, the Seller for replacement or credit or 100% screened by EMS with cost Toxic Substances Control Act of screening paid by Seller. The initial inspection performed at EMS on receipt 1976 and the National Traffic and Motor Vehicle Act of material is a conditional acceptance1966, as amended, the Foreign Corrupt Practices Act of 1977, as amended, and shall not waiver the right of EMS to return material to Seller which exhibits or develops defects due to latent causes during or after installation or testing all regulations of the end productFood and Drug Administration, the Federal Acquisition Regulation and any similar law outside the United States, as such laws have been amended, modified, or implemented and that the manufacture and sale of the product purchased under this Order complies with all laws. Seller shall preserve further warrants the accuracy of all special drawingsproduct documentation it provides to Buyer, dies, patterns, tooling or other items supplied or paid for by EMS in good condition; including but not limited to custom related documents and they are the property of EMS unless otherwise specified, MSDS and the same such items shall be returned in good condition when the work on the order has been completed or terminated, or at any other time as requested by EMS. No special drawing, die, pattern, tool or other item supplied by EMS I or made by Seller for the use of or delivery to EMS, or for use by Seller in supplying EMS, shall be used by Seller for any purpose other than supplying EMS, without Sellers first obtaining the written consent of EMS thereto, provided, however, that if the U.S. Government has rights in such items under a prime contract with EMS, noninterfering use of the items for direct sales to the Government is authorized if written notice is provided to EMS prior to such use. If material, equipment, special drawings, dies, patterns, or other items are furnished by EMS for performance of this purchase order, all risk of loss thereof or damage thereto shall be upon Seller from the time of shipment to Seller until redelivery to and receipt by EMSsafety related documents.