Acceptance of Products. Xxxxx acknowledges and agrees that Software is not subject to acceptance criteria or testing. Buyer further agrees that partial or beneficial use of any Product(s) by Xxxxx, Xxxxx’s customer, or any End User, including any placement of Software into a production environment at any time, will constitute final acceptance of such Product(s) under this Agreement.
Acceptance of Products. All drawings, specifications, technical documentation, samples, prototypes and Products are approved and/or accepted by Buyer if Buyer does not provide Seller a written objection and/or rejection within 10 days of receipt or other reasonable time established in writing by Seller. Failure to provide written objection and/or rejection will constitute an irrevocable acceptance by the Buyer of the Products. Any written objection and/or rejection must state with specificity all defects and non-conformities upon which Buyer will rely to support its rejection of the Products. ALL DEFECTS AND NON-CONFORMITIES WHICH ARE NOT SPECIFIED ARE WAIVED BY BUYER. If Xxxxx rejects the Products and, if requested by Seller, Xxxxx will return them to Seller at Buyer’s cost, within three days, or Buyer has irrevocably accepted the Products. No attempted revocation of acceptance will be effective, and Buyer will be limited to any available remedies specifically provided in the Terms for breach of warranty. Seller has a reasonable period of time to cure any non-conformity.
Acceptance of Products. Agile will have a period of [*] business days following the receipt of each shipment of the Products to notify Corium of any discrepancies in the shipment quantity. Agile will have a period of [*] days following the receipt of the Products to test and inspect the Products and to notify Corium of: (i) any nonconformities of the Product with the applicable Product Specification; or (ii) any defects in material or workmanship; provided that Agile may, upon Corium’s prior approval (not to be unreasonably withheld), extend such [*] if reasonably necessary to complete Product testing. Agile will notify Corium in writing of its acceptance or rejection of any portion of any delivery of the Products prior to the expiration of such [*]period unless extended as permitted above. Any Products not rejected within such period, as it may be so extended, will be deemed accepted.
Acceptance of Products. Tech Data shall, after a reasonable time to inspect ---------------------- each shipment, accept Products (the "Acceptance Date") if the Products and all necessary documentation delivered to Tech Data are in accordance with the purchase order. Any Products not ordered or not otherwise in accordance with the purchase order (e.g. mis-shipments, overshipments) may be returned to NetIQ at NetIQ's expense (including without limitation to costs of shipment or storage). NetIQ shall refund to Tech Data within ten (10) business days following notice thereof, all monies paid in respect to such rejected Products. Tech Data shall not be required to accept partial shipment unless Tech Data agrees prior to shipment.
Acceptance of Products. 3. submission of an order after receipt of a quotation; 4. placing orders after receipt of other quotations from Seller that include a reference to Seller’s General Terms for Sales Agreement; or 5. any other communication indicating acceptance of these General Terms for Sales Agreement.
Acceptance of Products. All claims for errors or shortages or damaged Products must be made by Customer within ten (10) days after Products are received. Failure to make any such claims within such time is deemed to constitute Customer’s irrevocable acceptance of Products. All weights, measurements, dimensions, drawings, specifications and other particulars of the Products, whether contained in plans, photographs, catalogs, price lists or advertising material or otherwise, are only approximate and are included solely for Customer’s guidance. Such particulars do not form part of this Agreement or any other contract, and deviations or subsequent changes are not grounds for nonacceptance of the Products and do not constitute a breach of this Agreement.
Acceptance of Products. In the event of any shortage, damage or discrepancy in or to a shipment of Products, DISTRIBUTOR shall promptly report the same to SUPPLIER and furnish such written evidence or other documentation. SUPPLIER shall not be liable for any such shortage, damage or discrepancy unless SUPPLIER has received notice and substantiating evidence thereof from DISTRIBUTOR within thirty (30) days of arrival of the Products at DISTRIBUTOR'S shipping address in the Territory. If the substantiating evidence delivered by DISTRIBUTOR demonstrates to SUPPLIER'S satisfaction that SUPPLIER is responsible for such shortage, damage or discrepancy, SUPPLIER shall promptly deliver additional or substitute Products to DISTRIBUTOR in accordance with the delivery procedures set forth herein and SUPPLIER shall be responsible for all losses and expenses suffered or incurred by DISTRIBUTOR..
Acceptance of Products. In the event of any shortage, damage or discrepancy in or to a shipment of Products, Distributor shall promptly report the same to OMP and furnish such written evidence or other documentation as Distributor may deem appropriate. OMP shall not be liable for any such shortage, damage or discrepancy unless OMP has received notice and evidence thereof from Distributor within thirty (30) days after delivery of the Products at the FOB point. If such evidence demonstrates to OMP’s satisfaction that OMP is responsible for such shortage, damage or discrepancy, OMP shall promptly deliver additional or substitute Products to Distributor.
Acceptance of Products. Reseller's acceptance of each Product shall occur upon delivery unless McDATA is otherwise notified in writing, by facsimile or other means of electronic transfer, by Reseller [*] from delivery that such Product does not conform to specifications. Payment for any Product by Reseller shall not constitute acceptance nor reduce the [*] available for inspection and reporting of any nonconformance. Such defective Product shall be repaired or replaced (at McDATA's option and expense) pursuant to the terms of Exhibit E attached hereto (as may be amended from time to time).
Acceptance of Products. Tech Data shall, after a reasonable time to inspect each shipment, accept each Product on the date (the "Acceptance Date") when such Products and all necessary documentation are delivered to Tech Data in accordance with the Purchase Order and the Product specifications. Any Products not ordered or not otherwise in accordance with the purchase order, such as mis-shipments, overshipments will be returned to AT&T PARADYNE at AT&T PARADYNE's expense (including costs of shipment) and shall promptly refund to Tech Data all monies paid in respect to such Products. Tech Data shall not be required to accept partial shipment unless Tech Data agrees prior to shipment. Tech Data shall have the ability to return for credit products which have boxes that are or become damaged. An offsetting purchase order will be placed for all bad box returns. In addition, AT&T PARADYNE will supply to Tech Data, at no charge, any and all missing material(s).
