ACCEPTANCE OF SUPPLIES Sample Clauses

ACCEPTANCE OF SUPPLIES a. The Contractor is not permitted to ship materials or supplies without first receiving an authorized purchase order. If WMATA receives any supplies without first sending the Contractor an authorized purchase order, the supplies will be refused without payment and the Contractor shall pay for the return shipping costs. b. The Authority shall accept or reject tendered supplies as promptly as practicable after delivery, unless otherwise provided in this Contract. The Authority’s failure to inspect and/or accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability upon the Authority, for nonconforming supplies. c. The Authority’s acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in this Contract. In such instances, the Authority, in addition to any other rights and remedies it has under this Contract, at law or in equity, shall have the right: i. To direct the Contractor to correct or replace the defective or nonconforming supplies at the original point of delivery or, if the Contracting Officer determines, at the Contractor’s facility, with no increase in Contract price in accordance with a reasonable delivery schedule as the parties may agree. The Contracting Officer may reduce the Contract price, if the Contractor fails to meet such delivery schedule; or ii. Within a reasonable time after the Contractor’s receipt of a Notice of Defects or Nonconformance, the Contracting Officer may reduce the Contract price, as is equitable under the circumstances, if he or she elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the costs of transportation.
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ACCEPTANCE OF SUPPLIES. A. Supplies which under the order form do not require assembly, installation, commissioning, adjustment or any other action by the Contractor at the place of delivery Acceptance of the supplies shall be declared at the place of delivery, in the presence of the Contractor if he so requests. Should the European Parliament be unable to declare acceptance because the supplies are damaged, defective or not consistent with the provisions of the contract, a statement of objections shall be drawn up within one month of the delivery date and forwarded to the Contractor, who shall be requested to verify the condition of the supplies, possibly in situ, and respond within 15 calendar days. At the European Parliament’s choice the Contractor must, at his own expense, either repair or replace supplies which do not meet the conditions laid down in the order. Acceptance shall be declared only if the repair or replacement has been carried out satisfactorily. If not, the European Parliament may require the Contractor to take back the supplies at his own expense.
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ACCEPTANCE OF SUPPLIES. The Purchaser reserves the right to carry out any checks on the supplies upon their arrival at its premises, without this diminishing or removing the Supplier’s liability. Any supplies which do not comply with the order (in terms of quality or quantity) may be returned to the Supplier at its own expense and risk. The Supplier shall, in any event, remain liable for faults and defects in its supplies that might have escaped the Purchaser’s check or which are only revealed when the supplies are used.
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ACCEPTANCE OF SUPPLIES a. The Contractor is not permitted to ship materials or supplies without first receiving an authorized purchase order. If WMATA receives any supplies without first sending b. The Authority shall accept or reject tendered supplies as promptly as practicable after delivery, unless otherwise provided in this Contract. The Authority’s failure to inspect and/or accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability upon the Authority, for nonconforming supplies. c. The Authority’s acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in this Contract. In such instances, the Authority, in addition to any other rights and remedies it has under this Contract, at law or in equity, shall have the right: i. To direct the Contractor to correct or replace the defective or nonconforming supplies at the original point of delivery or, if the Contracting Officer determines, at the Contractor’s facility, with no increase in Contract price in accordance with a reasonable delivery schedule as the parties may agree. The Contracting Officer may reduce the Contract price, if the Contractor fails to meet such delivery schedule; or ii. Within a reasonable time after the Contractor’s receipt of a Notice of Defects or Nonconformance, the Contracting Officer may reduce the Contract price, as is equitable under the circumstances, if he or she elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the costs of transportation.
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ACCEPTANCE OF SUPPLIES. The supplies delivered under this bid shall remain the property of the seller until the City physically inspects the supplies and notifies the bidder in writing of the City's acceptance of the supplies. The supplies must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the supplies provided to the City are found by the City in its sole and absolute discretion to be defective or non-conforming with the specifi-ca¬tions, the City reserves the right to cancel the order upon written notice to the bidder and return the supplies to the bidder at the bidder's expense.
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ACCEPTANCE OF SUPPLIES. 10.1.1 Notwithstanding any payment or preliminary inspection, the Supplies in accordance with ANNEX E will be subject to an inspection and acceptance by The FAP Pilatus shall be advised in writing by The FAP of all alleged shortages, over shipment, damage, missing or wrong material shipped within twenty (20) Days from the date of the Air Waybill.
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ACCEPTANCE OF SUPPLIES. The Purchaser reserves the right to carry out any checks on the supplies upon their arrival at its premises, without this diminishing or removing the Supplier’s liability. Any supplies which do not comply with the order (in terms of quality or quantity) may be returned to the Supplier at its own expense and risk. The Supplier expressly waives its rights under Article 1,484 of the Spanish Civil Code and Article 336 of the Spanish Code of Commerce (when applicable) and shall, in any event, remain liable for faults and defects in its supplies that might have escaped the Purchaser’s check or which are only revealed when the supplies are used.
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ACCEPTANCE OF SUPPLIES a. WMATA shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in this Contract. WMATA's failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on WMATA, for nonconforming supplies. b. Inspections and tests by WMATA do not relieve the Contractor of responsibility for defects or other failures to meet Contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in this Contract.‌ c. If acceptance is not conclusive for any of the reasons in paragraph (b) hereof, WMATA, in addition to any other rights and remedies provided by law, or under other provisions of this Contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor's plant at the Contracting Officer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor's plant and return to the original point when that point is not the Contractor's plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, WMATA shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned WMATA thereby.
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Related to ACCEPTANCE OF SUPPLIES

  • Acceptance of Surrender No surrender to Landlord of this Agreement or of the Leased Property or any part thereof, or of any interest therein, shall be valid or effective unless agreed to and accepted in writing by Landlord and no act by Landlord or any representative or agent of Landlord, other than such a written acceptance by Landlord, shall constitute an acceptance of any such surrender.

  • ACCEPTANCE OF EQUIPMENT The State will provide a written acknowledgment to the Contractor when the Equipment is accepted and performing satisfactorily.

  • Acceptance of Subscription At the Closing, if the Manager accepts this subscription in whole or in part, the Company shall execute and deliver to the Purchaser a counterpart executed copy of this Subscription Agreement and cause the Escrow Agent to release the Subscription Price (or applicable portion thereof if such subscription is only accepted in part) to the Company for the benefit of Series #TICKER. The Company shall have no obligation hereunder until the Company shall execute and deliver to the Purchaser an executed copy of this Subscription Agreement, and until the Purchaser shall have executed and delivered to the Manager this Subscription Agreement and a substitute Form W-9 (if applicable) and shall have deposited the Purchase Price in accordance with this Agreement. The Purchaser understands and agrees that this subscription is made subject to the condition that the Series #TICKER Interests to be issued and delivered on account of this subscription will be issued only in the name of and delivered only to the Purchaser. Effective upon the Company’s execution of this Subscription Agreement, the Purchaser shall be a member of the Company, and the Purchaser agrees to adhere to and be bound by, the terms and conditions of the Operating Agreement as if the Purchaser were a party to it (and grants to the Manager the power of attorney described therein).

  • Acceptance of Agreement This Agreement shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given.

  • Acceptance of Services Services furnished under this Contract are subject to acceptance by OSU. If OSU finds services furnished to be incomplete or not in compliance with the Contract, OSU, at its sole discretion, may either reject the services, require Contractor to correct any defects without charge, or negotiate with Contractor to reduce the price, whichever OSU deems appropriate under the circumstances. If Contractor is unable or refuses to cure any defects within a time deemed reasonable by OSU, OSU may reject the services and cancel the Contract in whole or in part.

  • Acceptance of AAU You will have accepted an AAU for an Offering if: (a) we receive your acceptance, prior to the time specified in the Invitation Wire for such Offering, by wire, telex, telecopy or electronic data transmission, or other written communication (any such communication being deemed “In Writing”) or orally (if promptly confirmed In Writing), in the manner specified in the Invitation Wire, of our invitation to participate in the Offering, or (b) notwithstanding that we did not send you an Invitation Wire or you have not otherwise responded In Writing to any such Wire, you: (i) agree (orally or by a Wire) to be named as an Underwriter in the relevant Underwriting Agreement executed by us as Manager, or (ii) receive and retain an economic benefit for participating in the Offering as an Underwriter. Your acceptance of the invitation to participate will cause such AAU to constitute a valid and binding contract between us. Your acceptance of the AAU as provided above or an Invitation Wire will also constitute acceptance by you of the terms of subsequent Wires to you relating to the Offering unless we receive In Writing, within the time and in the manner specified in such subsequent Wire, a notice from you to the effect that you do not accept the terms of such subsequent Wire, in which case you will be deemed to have elected not to participate in the Offering.

  • ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

  • 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 Work The completion of the Work shall be subject to acceptance by NYSERDA in writing of all deliverables as defined in Exhibit A, Statement of Work.

  • Acceptance of Engagement The successor Servicer will accept its engagement by assuming the Servicer’s obligations under this Agreement or entering into an amendment to this Agreement or a new servicing agreement on substantially the same terms as this Agreement, in a form acceptable to the Owner Trustee and the Indenture Trustee. The successor Servicer will deliver a copy of the assumption, amendment or new servicing agreement to the other parties and the Indenture Trustee. The successor Servicer will accept its engagement as Administrator according to Section 3.5 of the Administration Agreement. Promptly following a successor Servicer’s acceptance of its engagement, the Indenture Trustee will notify the Issuer, the Owner Trustee and the Secured Parties of the engagement. On receipt of a notice of engagement, the Issuer will promptly notify the Rating Agencies and the Asset Representations Reviewer and the Owner Trustee will promptly notify the holder of the Residual Interest.

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