Acceptance of Goods and/or Services Sample Clauses

Acceptance of Goods and/or Services. 9.1 The supply of the Goods and/or Services is not complete until Steel Diamond has accepted the Goods and/or Services. 9.2 Without limiting clause 11, for the purposes of this clause 9, Steel Diamond must: (a) accept or reject Goods and/or Services that have been delivered; and (b) give the Supplier written evidence of such acceptance or rejection, within a reasonable time after delivery. 9.3 Steel Diamond's acceptance of the Goods and/or Services entitles the Supplier to issue an invoice pursuant to clause 12 and: (a) is not a waiver of any rights or a representation or admission that the Goods and/or Services have been supplied in accordance with this Agreement; and (b) if Steel Diamond signs a delivery slip or other acknowledgement, this will constitute acceptance by Steel Diamond but, unless agreed in writing referring to this clause 9.3, will not have the effect of incorporating additional terms into, creating new terms with respect to, varying or waiving any part of this Agreement. 9.4 If the Supplier is or will be delayed in supplying the Goods and/or Services, Steel Diamond may direct the Supplier to accelerate the supply of the Goods and/or Services and take necessary corrective action to overcome or minimise the extent of the delay. Such actions may include increasing the Supplier's workforce, making more Supplier's Plant and Equipment available for the supply of the Goods and/or Services or increasing the number of shifts the Supplier's Personnel are devoting to the supply of the Goods and/or Services. 9.5 Except to the extent that acceleration under clause 9.4 overcomes a delay for which the Supplier would have been entitled to an increase in the Price pursuant to clause 19.4, the Supplier is not entitled to any additional costs it incurs in complying with a direction under clause 9.4. Any increase in the Price must be calculated in accordance with clause 16.4.
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Acceptance of Goods and/or Services. 9.1 The issue by Purchaser of a receipt note for any Goods and/or Services shall not constitute any acknowledgement and/or acceptance or deemed acknowledgement and/or acceptance of the condition or nature of those Goods and/or Services. 9.2 If, it is discovered by Purchaser that the Goods and/or Services or any part thereof:- (a) are not delivered in accordance with the applicable Contract, or (b) do not comply with any specification or sample, or (c) do not comply with the quality control procedures; or (d) are not of merchantable quality or are not suitable for the purpose for which they are intended, or (e) are in breach of any of the warranties given by the Vendor under this Conditions then, notwithstanding the provisions of Condition 9.2, Purchaser shall have the right to: (i) withhold any payment due to the Vendor; (ii) reject those Goods and/or Services or any of them and to require the Vendor to remove them or any of them and to refund to Purchaser the price paid by Purchaser together with all expenses directly or in indirectly incurred by Purchaser in consequence of such rejection or removal; and (iii) to treat the Contract and /or any unfulfilled part of it as wholly repudiated by the Vendor.
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Acceptance of Goods and/or Services. 5.1 Receipt of goods and/or services shall not constitute acceptance by the County. Final acceptance and authorization of payment shall be given only after a thorough inspection by the County indicates that the goods and/or services meet bid specifications and conditions. Should the quantity and/or quality differ in any respect from specifications, payment shall be withheld by the County until such time as the Vendor takes necessary corrective action. If the proposed corrective action is not acceptable to the County, the County Manager’s Office may authorize the refusal of final acceptance of the quantity and/or quality received. Should a representative of the County agree to accept the goods and/or services on condition that the Vendor shall correct their performance within a stipulated time period, then payment shall be withheld until said corrections are made.
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Acceptance of Goods and/or Services. 9.1 The supply of the Goods and/or Services is not complete until ATCO has accepted the Goods and/or Services. 9.2 Without limiting clause 11, for the purposes of this clause 9, ATCO must: (a) accept or reject Goods and/or Services that have been delivered in accordance with this Agreement; and (b) give the Supplier written evidence of such acceptance or rejection, within a reasonable time after delivery.
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Acceptance of Goods and/or Services. (a) DE GREY may require the Supplier to provide evidence, acceptable to DE GREY (in its absolute discretion), that the Goods and or Services are in accordance with this Agreement and the Supplier must provide such evidence within the time prescribed in the request or such longer time as agreed in writing between the Parties. (b) Acceptance of the Goods and or Services occurs on the earlier of: (i) a representative of DE GREY notifying the Supplier that the Goods and or Services (and any deliverables related to those Services) have been accepted; or (ii) the lapse of 30 days after Delivery of the Goods and or Completion of the Services without DE GREY notifying the Supplier in writing that the Goods and or Services have been rejected. (c) At any time during the manufacture of the Goods and or the performance of the Services DE GREY may inspect or witness tests on the Goods and or Services or their results. (d) If upon inspection DE GREY finds any Goods and or Services or their results to be defective, DE GREY may: (i) reject the defective Goods and or Services by notifying the Supplier, and in the case of Goods, return them to the Supplier or require the Supplier to collect the defective Goods; or (ii) require the Supplier to repair, replace, rectify, or resupply the defective Goods and or re- perform the defective Services, at the Supplier’s cost. (e) DE GREY may reject any Goods and or Services which are not in conformity with this Agreement even if DE GREY has taken Delivery of and or paid for those Goods and or Services. (f) The Supplier must reimburse DE GREY for any expenses DE GREY incurs in making good any defective Goods and or Services under this clause 4. (g) The Supplier must refund to DE GREY, when requested, any payments made by DE GREY in respect of Goods and or Services which DE GREY rejects (under clause 4(d)(i)) as soon as practicable and in any event within 10 Business Days. (h) The remedies under this clause 4 do not exclude any other remedies provided by Xxx.
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Related to Acceptance of Goods and/or Services

  • 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.

  • Inspection of Goods 8.1 The Buyer shall inspect the goods upon delivery. 8.2 Where goods are damaged the Buyer shall notify the Supplier. The Buyer may reject the damaged goods and the following provisions shall apply: 8.2.1 the Supplier shall collect the damaged goods from the Buyer at the Supplier’s expense; 8.2.2 during the period between delivery of the goods to the Buyer and collection by the Supplier, the Buyer shall not be liable for any loss or further damage caused to the damaged goods; 8.2.3 all sums payable by the Buyer in relation to the damaged goods shall cease to become payable; 8.2.4 all sums paid by the Buyer in relation to the damaged goods shall be repaid by the Supplier immediately; 8.2.5 the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the goods being damaged. 8.3 Where there are shortages in the order the Buyer shall notify the Supplier and the following provisions shall apply: 8.3.1 all sums payable by the Buyer in relation to the missing goods shall cease to become payable; 8.3.2 all sums paid by the Buyer in relation to the missing goods shall be repaid by the Supplier immediately; 8.3.3 the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the shortages. 8.4 If the Buyer so requests, the Supplier shall immediately replace damaged goods or supply goods which are missing at the Supplier’s expense or the Buyer shall be entitled to cancel, without notice, the whole or any unexecuted part of the order and the rights referred to in Clause 5.2 shall apply. 8.5 Where there is an excess of goods in relation to the order the Buyer may reject the excess goods by notice in writing to the Supplier and the following provisions shall apply: 8.5.1 the Supplier shall collect the excess goods from the Buyer at the Supplier’s expense; 8.5.2 during the period between delivery of the goods and collection by the Supplier, the Buyer shall not be liable for any loss or damage caused to the excess goods; 8.5.3 no sum shall be due to the Supplier for the excess goods and in the event that sums are paid to the Supplier for the excess goods, the Supplier shall repay such sums to the Buyer immediately. 8.6 The Buyer may accept excess goods by notifying the Supplier of such acceptance and the price of the excess goods shall be payable by the Buyer. 8.7 The Supplier shall repair or replace free of charge, goods damaged or lost in transit upon receiving notice to that effect from the Buyer. 8.8 The Buyer’s signature on any delivery note of the Supplier is evidence of the number of packages received only and not evidence of the correct quantity of goods received or that the goods are in a good condition or of the correct quality.

  • REJECTION OF GOODS Notwithstanding any other rights of, or remedies available to UNDP under the Contract, in case any of the Goods are defective or otherwise do not conform to the specifications or other requirements of the Contract, UNDP, at its sole option, may reject or refuse to accept the Goods, and within thirty (30) days following receipt of notice from UNDP of such rejection or refusal to accept the Goods, the Contractor shall, in sole option of UNDP: 11.7.1 provide a full refund upon return of the Goods, or a partial refund upon a return of a portion of the Goods, by UNDP; or, 11.7.2 repair the Goods in a manner that would enable the Goods to conform to the specifications or other requirements of the Contract; or, 11.7.3 replace the Goods with Goods of equal or better quality; and, 11.7.4 pay all costs relating to the repair or return of the defective Goods as well as the costs relating to the storage of any such defective Goods and for the delivery of any replacement Goods to UNDP.

  • Procurement of Goods and Services (a) If the HSP is subject to the procurement provisions of the BPSAA, the HSP will abide by all directives and guidelines issued by the Management Board of Cabinet that are applicable to the HSP pursuant to the BPSAA. (b) If the HSP is not subject to the procurement provisions of the BPSAA, the HSP will have a procurement policy in place that requires the acquisition of supplies, equipment or services valued at over $25,000 through a competitive process that ensures the best value for funds expended. If the HSP acquires supplies, equipment or services with the Funding it will do so through a process that is consistent with this policy.

  • Maintenance of Goods Such Grantor will do all things necessary to maintain, preserve, protect and keep its Inventory and the Equipment in good repair and working and saleable condition, except for damaged or defective goods arising in the ordinary course of such Grantor’s business and except for ordinary wear and tear in respect of the Equipment.

  • Acceptance of Engagement The successor Servicer will accept its engagement by assuming the Servicer’s obligations under this Agreement or entering into an amendment to this Agreement or a new servicing agreement on substantially the same terms as this Agreement, in a form acceptable to the Owner Trustee and the Indenture Trustee. The successor Servicer will deliver a copy of the assumption, amendment or new servicing agreement to the other parties and the Indenture Trustee. The successor Servicer will accept its engagement as Administrator according to Section 3.5 of the Administration Agreement. Promptly following a successor Servicer’s acceptance of its engagement, the Indenture Trustee will notify the Issuer, the Owner Trustee and the Secured Parties of the engagement. On receipt of a notice of engagement, the Issuer will promptly notify the Rating Agencies and the Asset Representations Reviewer and the Owner Trustee will promptly notify the holder of the Residual Interest.

  • Emergency Standby for Goods and/or Services If any Federal or State official, having authority to do so, declares an emergency or the occurrence of a natural disaster within the State of Connecticut, DAS and the Client Agency may request the Goods and Services on an expedited and prioritized basis. Upon receipt of such a request the Contractor shall make all necessary and appropriate commercially reasonable efforts to reallocate its staffing and other resources in order to give primary preference to Performing this Contract ahead of or prior to fulfilling, in whole or in part, any other contractual obligations that the Contractor may have. The Contractor is not obligated to make those efforts to Perform on an expedited and prioritized basis in accordance with this paragraph if doing so will make the Contractor materially breach any other contractual obligations that the Contractor may have. Contractor shall acknowledge receipt of any request made pursuant to this paragraph within 2 hours from the time that the Contractor receives it via purchase order or through a request to make an expedited or prioritized purchase through the State of Connecticut Purchasing Card (MasterCard) Program (the “P-Card Program”). If the Contractor fails to acknowledge receipt within 2 hours, confirm its obligation to Perform or actually Perform, as set forth in the purchase order or through the P-Card Program, then DAS and the Client Agency may procure the Performance from another source without further notice to Contractor and without creating any right of recourse at law or in equity against DAS or Client Agency.

  • Description of Goods or Services and Additional Terms and Conditions The Contractor shall perform as set forth in Exhibit A. For purposes of this Contract, to perform and the performance in Exhibit A is referred to as “Perform” and the “Performance.”

  • 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.

  • Procurement of Goods and Works Except as ADB may otherwise agree, Goods and Works shall only be procured on the basis of the methods of procurement set forth below:

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