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.
ACCEPTANCE OF GOODS. Under no circumstances shall UNRWA be required to accept any goods that do not conform to the specifications or requirements of the Contract. UNRWA 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 UNRWA be obligated to accept any goods unless and until UNRWA has had a reasonable opportunity to inspect the goods following delivery. If the Contract specifies that UNRWA shall provide a written acceptance of the goods, the goods shall not be deemed accepted unless and until UNRWA in fact provides such written acceptance. In no case shall payment by UNRWA in and of itself constitute acceptance of the goods.
ACCEPTANCE OF GOODS. Distributor shall inspect Goods received under this Agreement. On the seventh working day after delivery of the Goods, Distributor shall be deemed to have accepted the Goods unless it earlier notifies SBA in writing and furnishes written evidence or other documentation as reasonably required by SBA that the Goods:
(a) are damaged, defective, or otherwise do not conform to the make/model number listed in the applicable purchase order; or
(b) were delivered to Distributor as a result of SBA’s error. If Distributor notifies SBA pursuant to this Section 6.3, then SBA shall determine, in its sole discretion, whether to replace the Goods or refund the price for the Goods. From time to time Distributor will advise SBA of its intent to return damaged goods. Distributor shall ship at Distributor’s expense and risk of loss, all goods to be returned, or replaced under this Section 6.3 to an SBA’s facility advised by SBA at that time. If SBA exercises its option to replace the Goods, SBA shall, after receiving Distributor’s shipment of the Goods under this provision, ship to Distributor, at either vendor’s or SBA’s expense and risk of loss, the replaced Goods to Distributor’s warehouse. Distributor acknowledges and agrees that the remedies set out in this Section 6.3 are its exclusive remedies, subject to Distributor’s rights under Section 11 regarding any Goods for which Distributor has accepted delivery under this Section 6.3. Except as provided under this Section 6.3 and Section 12, all sales of Goods to Distributor under this Agreement are made on a one-way basis and Distributor has no other right to return Goods purchased under this Agreement.
ACCEPTANCE OF GOODS. All goods when delivered are accepted subject to any subsequent inspection and EASTERN HEALTH may reject any defective goods or any goods not in accordance with the specification. Any payment made for goods prior to inspection shall not constitute acceptance thereof and the supplier shall refund to EASTERN HEALTH any payment made in respect of the goods rejected by EASTERN HEALTH immediately on receipt of advice of rejection, or, at the option of EASTERN HEALTH, replace the goods. Rejected goods shall in all respects be at the risk of the supplier. Subject to the following, deliveries shall be made as specified in this Purchase Order and EASTERN HEALTH shall not be liable to accept and pay for short/incorrectly shipped goods or for quantities in excess of that set out in the purchase order. EASTERN HEALTH accepts no responsibility for any goods delivered to locations or at times other than those specified on this order. Stores Hours: 7.00am - 3.00pm weekdays, excepting Public Holidays. If the supplier is unable or unwilling to meet the required delivery times, EASTERN HEALTH will be free without being liable to the supplier in any way to obtain the goods from an alternative source. All drawings, specifications and data furnished to the supplier remain the property of EASTERN HEALTH and shall not be disclosed or used except as required by this order. Upon the completion or other termination of the work under this Purchase Order the supplier shall, on demand, return all such drawings, specifications and data together with all copies thereof and shall make no further use either directly or indirectly of any information derived therefrom without EASTERN HEALTH's prior consent in writing. In particular all art work together with blocks and/or plates which have been prepared in connection with the supply of stationery or printed matter are the property of EASTERN HEALTH and are to be returned on request. EASTERN HEALTH shall have the right to cancel this Purchase Order or any undelivered part thereof if the supplier does not make deliveries strictly in accordance with delivery instructions on the order or commits any other breach of the terms thereof, becomes insolvent or commits an act of bankruptcy or being a company has a liquidator, receiver, administrator or official manager appointed. Such right of cancellation is in addition to and not in lieu of any other remedies which EASTERN HEALTH may have in law or equity.
ACCEPTANCE OF GOODS. Xxxxx will inspect the Goods immediately upon receipt and will have ten (10) days thereafter to give written notice to Xxxxxxxx of any claim that the Goods are of insufficient quantity, do not conform to the agreed upon terms and/or that they contain material defects. If Xxxxx fails to give such notice, Xxxxx will be deemed to have accepted the Goods as conforming to the Agreement. Buyer waives any rights Buyer may have otherwise had after the expiration of such ten (10) day period to revoke acceptance or claim breach of warranty with respect to any material defects that could have been discovered with reasonable diligence upon such inspection.
ACCEPTANCE OF GOODS. Buyer shall inspect the goods immediately upon its receipt of the goods in its facility. All claims for alleged defects in goods are waived unless Seller is notified of the claim within thirty (30) days after receipt of shipment. No claim shall be effective if made after the goods have been altered or used. Buyer shall afford Seller prompt and reasonable opportunity to inspect all goods to which any claim is made. No material shall be returned to Seller without Seller's express consent, a return authorization, and return instructions. Xxxxx's acceptance shall be conclusively presumed to have occurred thirty (30) days following delivery to Buyer unless Xxxxx has accepted the goods prior to that date.
ACCEPTANCE OF GOODS. Buyer shall inspect the Goods immediately upon arrival and shall within five (5) days of their arrival give written notice to Seller of any claim that the Goods do not conform with the terms of this Contract. If Buyer shall fail to give such notice, the Goods shall be deemed to conform and Buyer shall be bound to accept and pay for the Goods in accordance with the terms of this Contract. Buyer expressly waives any rights it may have to revoke acceptance after such five (5) day period.
ACCEPTANCE OF GOODS. 9.1. The Buyer is responsible for verifying the conformity to standards or specifications of the Goods within 8 (eight) days from the Delivery Date and to inform Seller in writing of any non- conformity or problem within the same period. At the end of this period, the products will be considered to have been accepted and to be void of any defect. Without prejudice to article 10 below, any claim reaching Seller after this period has elapsed, will not be accepted and may not involve Seller’s liability in any way whatsoever.
9.2. If the Goods delivered do not conform to the binding Order or if they have been sent to the Buyer in error by Seller, Seller’s liability shall in any case be limited to the replacement of the defective Goods. The costs incurred in returning the Goods to Seller, as well as the costs of a new delivery to the Buyer will be borne by the Seller.
9.3. If it appears that the Buyer has wrongly invoked non- conformity or error on the part of Seller, the Buyer shall be liable, ipso jure and without notice, for an indemnity for administrative costs equal to 20% of the price of the Goods in dispute, without prejudice to Seller’s right to claim compensation for the losses or damages suffered by it.
ACCEPTANCE OF GOODS. The Goods are subject to inspection and testing by Aviza. In any case where the Goods (whether or not inspected or tested by Aviza) do not comply with the requirements of the JDA, Aviza has the right to reject such Goods. When rejecting Goods, Aviza shall give notice of rejection to the Supplier specifying the reasons for the rejection and shall return the rejected Goods to the Supplier at the Supplier’s risk and expense. In that case the Supplier shall, in its discretion repair the rejected Goods or replace the rejected Goods with Goods which are in accordance with the JDA, or if neither option is possible, refund the amounts paid by Aviza for such Goods.
ACCEPTANCE OF GOODS. Purchaser shall inspect all Goods within 30 days of receipt thereof, and may reject any Product that is defective provided that (i) it is (or has been) a standard product offered by Cepheid, and (ii) it has not been used, abused, or damaged by the Purchaser or Purchaser’s agents. Any Product not properly and timely rejected by the Purchaser shall be deemed accepted. To reject a Product, Purchaser must notify Cepheid in writing within 30 days of receipt of the Product, obtain a Return Material Authorization number, and promptly return the rejected Product to Cepheid, freight collect. Cepheid shall promptly repair or replace the rejected Product with conforming Product. PAYMENT TERMS: Payment terms are cash on delivery, except where Purchaser has established and maintained open account credit to Xxxxxxx’s satisfaction. Cepheid reserves the right to require alternative payment mechanisms, including without limitation, Sight Draft, Letter of Credit, or Payment in Advance. Payment terms for sales on open account are net thirty (30) days from date of Xxxxxxx’s invoice to Purchaser. Purchaser’s obligation to pay for Goods is not conditioned on Purchaser’s inspection of the Goods. Any invoiced amount which is not paid when due shall bear a late charge at the rate of one and one-half percent (1-1/2%) per month. PREVENTON OF WIRE FRAUD: Cepheid and the Purchaser both recognize that there is a risk of wire fraud when individuals impersonating a business demand immediate payment under new wire transfer instructions. To avoid this risk, both Cepheid and the Purchaser agree that transfer instructions provided in Cepheid invoice will apply. In the event that there is a change in the wire transfer instructions, both Parties must agree to an updated wire transfer, in writing, using the Business Contact listed in the Quotation, before any monies will be transmitted using the new wire instructions. Both Parties further agree that they will never change wire transfer instructions by email. Further, both Parties agree that they will never require an immediate payment under the new instructions. The Parties will provide for a ten (10) business day grace period to verify any wire transfer instruction changes before any outstanding payments would be due using the new instructions. PURCHASER’S FINANCIAL CONDITION: Cepheid’s obligations under this Sales Agreement are subject to Cepheid’s approval at all times of Purchaser's financial condition. If the financial condition of Purchas...
