Common use of ACCEPTANCE OF MERCHANDISE Clause in Contracts

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

Appears in 2 contracts

Samples: Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc), Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc)

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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 only acceptance by Buyer of any such singular shipment or installment shipment shall not be deemed (whether or not buyer 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.

Appears in 1 contract

Samples: Distribution and Marketing Agreement (Newtech Corp)

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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.

Appears in 1 contract

Samples: Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc)

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