ACCEPTANCE OF MERCHANDISE Sample Clauses

ACCEPTANCE OF MERCHANDISE. No merchandise shall be deemed accepted by the Authority until it has actually been inspected and found satisfactory by the Authority, regardless of the length of time that may elapse between delivery of the merchandise and its inspection, and regardless of whether or not payment for the merchandise may have been made before such inspection. In the event that the Authority determines that delivered merchandise is unsatisfactory, the Authority will provide written notice to the Vendor that such merchandise has been rejected as unacceptable. Upon notification of rejection, merchandise shall be immediately removed by the Vendor and, at the Authority's discretion, replaced with acceptable merchandise. If left longer than 30 days, merchandise will be regarded as abandoned and the Authority shall have the right to dispose of it as its own property and charge the Vendor for the costs associated with such disposal. Nothing herein contained shall limit any other right or remedy of the Authority with respect to merchandise not in accordance with the PO or BOA. The Vendor will allow the Authority to return merchandise for credit or cash reimbursement at the Authority's discretion provided that 1) the merchandise is returned in saleable condition and 2) the merchandise is not considered to be obsolete and not sellable.
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ACCEPTANCE OF MERCHANDISE by Buyer after inspection does not release or discharge Seller from any liability for damages or from any other remedy of Buyer for Seller's breach of any promise or warranty, expressed or implied. This Order Contract may at Buyer's option be deemed cancelled if the Merchandise ordered herein is not covered by a full set of "Clean" "On Board" Ocean Bills of Lading and Buyer's Inspection Certificate dated on or before the shipping date specified on the face hereof. Any such cancellation shall be without prejudice to all other rights and remedies accruing to Buyer by reason of Seller's breach, unless a written extension of shipping date(s) was previously granted in writing to Seller by Buyer. If any of the terms, conditions or warranties of or underlying this Order Contract, express or implied, are not strictly complied with by Seller with respect to any shipment or installment shipment of the Merchandise ordered herein. Buyer has the right, in addition to all other rights and remedies accruing to Buyer by reason of Seller's breach, to refuse to accept any or all deliveries of Merchandise ordered herein, but any acceptance by Buyer of any such singular shipment or installment shipment shall not be deemed (whether or not buyer notifies Seller of its demand for strict compliance with respect to future shipment installments) a waiver by Buyer of any of its rights to refuse any future shipments hereunder or of any other rights or remedies. 34
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ACCEPTANCE OF MERCHANDISE. I, the undersigned, hereby consign the item(s) listed to Odds & Ins for a period of 90 day. At consignor's intake, pricing expectations and policies will be explained • Odds & Ins reserves the right to accept and sell items we determine to be saleable and must meet Odds & In's high standards. • Odds & Ins reserves the right to refuse items at any time during this contract due to condition, or no longer a good fit for the store. • Odds & Ins reserves the right to apply seasonal and special occasional discounts at any time during this contract. THE CONSIGNMENT PERIOD: • Consignor agrees to allow Odds & Ins to market item(s) for 90 days.
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ACCEPTANCE OF MERCHANDISE after any delivery date, shall not be construed as a waiver of Buyer’s right to recover for late delivery.
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ACCEPTANCE OF MERCHANDISE. The Goods described herein constitute a single commercial unit. The Goods shall be deemed accepted by Xxxxx when Xxxxx (i) notifies Seller of acceptance in writing, (ii) uses the Goods or permits use by others, (iii) remits payment for the Goods to Seller, or (iv) fails to notify Seller of rejection within ten (10) days after Xxxxx takes possession of the Goods.
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Related to ACCEPTANCE OF MERCHANDISE

  • Acceptance of title The Security Agent shall be entitled to accept without enquiry, and shall not be obliged to investigate, any right and title that any Transaction Obligor may have to any of the Security Assets and shall not be liable for or bound to require any Transaction Obligor to remedy any defect in its right or title.

  • Acceptance and Rejection a. Buyer shall accept the Services or give Seller notice of rejection within a reasonable time after the date of delivery. No payment, prior test, inspection, passage of title, any failure or delay in performing any of the foregoing, or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this Contract or impair any rights or remedies of Buyer.

  • Acceptance of Premises Lessee hereby acknowledges: (a) that it has been advised by the Broker(s) to satisfy itself with respect to the condition of the Premises (including but not limited to the electrical and fire sprinkler systems, security, environmental aspects, seismic and earthquake requirements, and compliance with the Americans with Disabilities Act and applicable zoning, municipal, county, state and federal laws, ordinances and regulations and any covenants or restrictions of record (collectively, "Applicable Laws") and the present and future suitability of the Premises for Lessee's intended use; (b) that Lessee has made such investigation as it deems necessary with reference to such matters, is satisfied with reference thereto, and assumes all responsibility therefore as the same relate to Lessee's occupancy of the Premises and/or the terms of this Lease; and (c) that neither Lessor, nor any of Lessor's agents, has made any oral or written representations or warranties with respect to said matters other than as set forth in this Lease.

  • Acceptance; Rejection A holder of Notes may accept the offer to prepay made pursuant to this Section 8.3 by causing a notice of such acceptance to be delivered to the Company not later than 15 days after receipt by such holder of the most recent offer of prepayment. A failure by a holder of Notes to respond to an offer to prepay made pursuant to this Section 8.3 shall be deemed to constitute a rejection of such offer by such holder.

  • Acceptance of Offer In the event that the General Partner elects to accept any such bona fide offer or proposal described in Section 9.01 hereof (an “Accepted Offer”), the General Partner shall deliver written notice of such election along with documentation which sets forth in reasonable detail the general terms and conditions of the bona fide offer or proposal as of the date of such notice (the “Acceptance Notice”) to those Partners with rights to approve such offer or proposal, and only those Partners, not less than fifteen (15) days prior to the closing date of the transaction contemplated by such offer or proposal. In connection with such transaction, each Partner shall, at such time as it is appropriate and, as applicable, (i) provide a written consent with respect to his or its Partnership Interest in favor of such sale of the assets and any subsequent liquidation of the Partnership; (ii) subject to the approval rights set forth in Section 7.06 above, provide a written consent with respect to his or its Partnership Interest (and any Partnership Interest with respect to which such Partner holds a proxy) approving such merger, consolidation, conversion, reorganization or similar transaction; or (iii) transfer and sell either all of his or its Partnership Interest (and any Partnership Interest with respect to which such Partner holds a proxy) or, as applicable, a percentage of his or its Partnership Interest (and any Partnership Interest with respect to which such Partner holds a proxy) that is equal to the Percentage Interest being transferred and sold in such transaction. Each Partner shall execute such documents and take such further actions as may be reasonably required to consummate any of the foregoing transactions.

  • Acceptance of the Premises By entry and taking possession of the Premises pursuant to this Lease, Tenant accepts the Premises as being in good and sanitary order, condition and repair and accepts the Premises in their condition existing as of the date of such entry and Tenant further accepts the Tenant Improvements to be constructed by Landlord, if any, as being completed in accordance with the plans and specifications for such Tenant Improvements, except for punch list items, and any express warranties by and obligations of Landlord set forth in this Lease. Tenant acknowledges that neither the Landlord nor Landlord's agents has made any representation or warranty as to the suitability of the Premises to the conduct of Tenant's business. Any agreements, warranties or representations not expressly contained herein shall in no way bind either Landlord or Tenant, and Landlord and Tenant expressly waive all claims for damages by reason of any statement, representation, warranty, promise or agreement not contained in this Lease. This Lease constitutes the entire understanding between the parties hereto and no addition to, or modification of, any term or provision of this Lease shall be effective until set forth in a writing signed by both Landlord and Tenant.

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