Common use of ACCEPTANCE OF GOODS AND SERVICES Clause in Contracts

ACCEPTANCE OF GOODS AND SERVICES. (a) All goods and/or services provided by Seller under the Purchase Order shall be in accordance (b) with the requirements of the Purchase Order, including all applicable exhibits and attachments, and shall be subject to rejection if such goods and/or services are nonconforming. No inspection or evaluation performed by Buyer (and/or Buyer’s customer, if applicable) shall in any way relieve Seller or its suppliers of their obligation to furnish all required goods and/or services in strict accordance with the requirements of the Purchase Order. If any of the goods and/or services provided hereunder do not conform with the requirements of the Purchase Order, Buyer may require Seller to replace the goods or perform the work and/or services again in conformity with the applicable requirements at no cost to Buyer. At Buyer’s sole option, any rejected items may be returned for credit or replacement at Seller’s risk and expense, and all handling and transportation expenses, both ways, shall be assumed by Seller. No items returned as defective shall be replaced without written authorization from Buyer. (c) It is expressly agreed that payment by Buyer to Seller for goods and/or services provided under the Purchase Order shall not constitute acceptance. It is further agreed that nothing in the Purchase Order shall require Buyer to accept any goods and/or services prior to acceptance thereof by Buyer’s customer, if applicable. Goods and/or services provided under the Purchase Order shall be deemed accepted only when Buyer determines the goods and/or services to be in conformance with the requirements of the Purchase Order. (d) Acceptance shall be conclusive, except for latent defects, fraud, or gross mistakes amounting to fraud.

ACCEPTANCE OF GOODS AND SERVICES. (a) All goods and/or services provided by Seller under the this Purchase Order shall be in accordance (b) with the requirements of the this Purchase Order, including all applicable exhibits and attachments, and shall be subject to rejection if such goods and/or services are nonconforming. No inspection or evaluation performed by Buyer (and/or Buyer’s customer, if applicable) shall in any way relieve Seller or its suppliers of their obligation to furnish all required goods and/or services in strict accordance with the requirements of the this Purchase Order. If any of the goods and/or services provided hereunder do not conform with the requirements of the this Purchase Order, Buyer may require Seller to replace the goods or perform the work and/or services again in conformity with the applicable requirements at no cost to Buyer. . (b) At Buyer’s sole option, any rejected items may be returned for credit or replacement at Seller’s risk and expense, and all handling and transportation expenses, both ways, shall be assumed by Seller. No items returned as defective shall be replaced without written authorization from Buyer. (c) Acceptance of goods and/or services will be made by Buyer only in writing and through a document entitled “Final Acceptance” issued by Buyer. It is expressly agreed that payment by Buyer to Seller for goods and/or services provided under the this Purchase Order shall not constitute acceptance. It is further HJF-T&C-20200716 Page 1 of 12 agreed that nothing in the this Purchase Order shall require Buyer to accept any goods and/or services prior to acceptance thereof by Buyer’s customer, if applicable. Goods and/or services provided under the Purchase Order shall be deemed accepted only when Buyer determines the goods and/or services to be in conformance with the requirements of the Purchase Order. (d) Acceptance shall be conclusive, except for latent defects, fraud, or gross mistakes amounting to fraud.

ACCEPTANCE OF GOODS AND SERVICES. (a) All goods and/or services provided by Seller under the this Purchase Order shall be in accordance (b) with the requirements of the this Purchase Order, including all applicable exhibits and attachments, and shall be subject to rejection if such goods and/or services are nonconforming. No inspection or evaluation performed by Buyer (and/or Buyer’s customer, if applicable) shall in any way relieve Seller or its suppliers of their obligation to furnish all required goods and/or services in strict accordance with the requirements of the this Purchase Order. If any of the goods and/or services provided hereunder do not conform with the requirements of the this Purchase Order, Buyer may require Seller to replace the goods or perform the work and/or services again in conformity with the applicable requirements at no cost to Buyer. . (b) At Buyer’s sole option, any rejected items may be returned for credit or replacement at Seller’s risk and expense, and all handling and transportation expenses, both ways, shall be assumed by Seller. No items returned as defective shall be replaced without written authorization from Buyer. (c) Acceptance of goods and/or services will be made by Buyer only in writing and through a document entitled “Final Acceptance” issued by Buyer. It is expressly agreed that payment by Buyer to Seller for goods and/or services provided under the this Purchase Order shall not constitute acceptance. It is further HJF-T&C-20150522 Page 1 of 13 agreed that nothing in the this Purchase Order shall require Buyer to accept any goods and/or services prior to acceptance thereof by Buyer’s customer, if applicable. Goods and/or services provided under the Purchase Order shall be deemed accepted only when Buyer determines the goods and/or services to be in conformance with the requirements of the Purchase Order. (d) Acceptance shall be conclusive, except for latent defects, fraud, or gross mistakes amounting to fraud.

ACCEPTANCE OF GOODS AND SERVICES. (a) All goods and/or services provided by Seller under the This Purchase Order shall be in accordance (b) with the requirements of the Purchase Order, including all applicable exhibits and attachments, and shall be subject offer to rejection if such goods and/or services are nonconforming. No inspection or evaluation performed by Buyer (and/or Buyer’s customer, if applicable) shall in any way relieve Seller or its suppliers of their obligation to furnish all required goods and/or services in strict accordance with the requirements of the Purchase Order. If any of buy the goods and/or services provided hereunder do not conform with described herein becomes a binding contract on the requirements terms and conditions herein when accepted by the Seller either by acknowledgment or by shipment or other commencement of work. Any acceptance hereof is limited to acceptance of the express terms of the offer contained on the face, back or second page hereof. No revision of this order or any of the terms and conditions hereof shall be valid unless in writing and signed by an authorized representative of Buyer, and no condition stated by Seller in acceptance of or acknowledging this order shall be binding upon Buyer if in conflict with, inconsistent with, or in addition to the terms and conditions contained here in unless expressly accepted in writing by Buyer. The materials listed in the bid or proposal shall be delivered to the point or points specified on this Purchase Order, Buyer may require . All risk of loss shall be upon Seller to replace from the time the goods or perform first come under Sellers’s control until such time as the work and/or services again in conformity with goods shall be delivered to the applicable requirements at no cost to destination specified herein and there accepted by Buyer. At Buyer’s sole optionAny material that is defective or fails to meet the terms of the solicitation specifications shall be rejected. Rejected materials shall be promptly replaced. The University reserves the right to purchase replacement materials in the open market. Sellers failing to promptly replace materials lawfully rejected shall be liable for any excess price paid for the replacement, any rejected items may be returned for credit or replacement at Seller’s risk and expense, and all handling and transportation plus applicable expenses, both ways, shall be assumed by Sellerif any. No items returned as defective shall be replaced without written authorization from Buyer. (c) It is expressly agreed that payment goods or services received by Buyer to Seller for goods and/or services provided under the Purchase Order shall not constitute acceptance. It is further agreed that nothing in the Purchase Order shall require Buyer to accept any goods and/or services prior to acceptance thereof by Buyer’s customer, if applicable. Goods and/or services provided under the Purchase Order pursuant hereto shall be deemed accepted only when until Buyer determines has had reasonable opportunity to inspect and/or observe performance of such goods or services. Buyer shall have access to and the right to inspect all work prior to its completion. Notwithstanding any such inspection, Seller shall be solely responsible for the conformance of the work to the specifications. Seller shall promptly correct defects or replace any goods and/or or services not conforming to be in conformance any of Seller's warranties hereunder without expense to Xxxxx, provided Buyer elects to provide Setter with the requirements opportunity to do so. Irrespective of the Purchase Order. (d) Acceptance shall be conclusive, except for latent defects, fraudwhether such defect or nonconformity was discovered upon initial inspection, or gross mistakes amounting a later time if not readily ascertainable upon initial inspection in the event of a failure by Seller to fraudcorrect defects or replace nonconforming goods promptly, Buyer after reasonable notice to Seller may make such corrections or replace such goods and charge Seller for the costs incurred by Buyer in doing so. Such remedies shall not affect Buyer's discount privileges and shall not exclude any other legal, equitable or contractual remedies of Buyer as a result of Seller’s delivery of defective or nonconforming goods or services.