Common use of ACCEPTANCE OF GOODS Clause in Contracts

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.