Acceptance of the Goods and Services Sample Clauses

Acceptance of the Goods and Services. The acceptance of the goods indicated on a delivery receipt does not constitute an acceptance, by the Owner, of the quality or quantity of the goods delivered. The acceptance or payment of the goods and services by the Owner does not, in any way, relieve the Supplier of its obligations under the Contract nor does it constitute a waiver, by the Owner, of any legal or conventional warranty.
Sample 1Sample 2Sample 3See All (4)
AutoNDA by SimpleDocs
Acceptance of the Goods and Services. 8.1 The Buyer must inspect the Goods on delivery and shall within 3 days of delivery of the Goods, notify The Company and The Company’s carrier in writing, by means of a recorded or verifiable transmission method, of any damage to the packaging of the Goods, and/or damage to the Goods and/or shortage of the Goods. 8.2 The Buyer shall be responsible for ensuring that the Goods conform and perform mechanically, electrically, electronically, physically and by any part number and/or date code to the specification and/or description given on the Buyer’s order and confirmed by The Company’s Confirmation of Order, if transmitted, and that the Goods are fully able, in form, fit and function, to perform to the Buyer’s total satisfaction within the specific application for which the Buyer has ordered the Goods and any failure to so conform or perform must be reported to The Company in writing by a recorded or verifiable transmission method, together with a comprehensive qualified engineer’s report, within 21 days of the date of despatch of the Goods by The Company. 8.3 If the part number, and date code if specified, of the Goods corresponds to the Buyer’s order and The Company’s Order Confirmation if transmitted and the Goods conform and perform to the Manufacture’s published specification, then the Goods must be assumed to be acceptable to the Buyer. Failure of the Goods to conform or perform to the Manufacture’s published specification must be established by the Buyer and reported to The Company in writing by a recorded or verified transmission method, together with a comprehensive, qualified engineer’s report, within 21 days of the date of despatch of the Goods by The Company. 8.4 If the Buyer fails to report any failure or discrepancy as itemised in 5.4, 8.1, 8.2, or 8.3 above then the Goods shall be assumed, by The Company, to satisfy all aspects or conditions of the contract and free from any defect or damage which would be apparent by adhering to the examination and test procedures of the Goods as detailed in 5.4, 8.1, 8.2 or 8.3 above and the Buyer shall be deemed to have unreservedly accepted the Goods. 8.5 Where notification is given under 5.4, 8.1, 8.2, or 8.3 above the Buyer shall afford The Company an opportunity to inspect the Goods, should The Company so desire, within a reasonable time from the date of notification before any use is made of the goods.
Sample 1Sample 2
Acceptance of the Goods and Services. 10.1 The Client shall be deemed to have accepted the Goods and Services provided as complete 24 hours after the Company ceases provision of the Goods and Services in whole or in part to the Client, (“Acceptance”). 10.2 After Acceptance the Client shall not be entitled to reject Goods and Services provided which it considers are not in accordance with the Contract. 10.3 Where the Client rejects any Goods and Services then the Client shall have no further rights whatsoever in respect of the provision to the Client of such Goods and Services or the failure of the Company to provide Goods and Services which conform to this Contract.
Sample 1
Acceptance of the Goods and Services. 12.1 WPH will not be deemed to have accepted any Goods or Services until it has had a reasonable time to inspect the Goods after delivery and to inspect and test the results of any Services after performance. Payment for the Goods and any Services or the signing of delivery receipts before inspection does not constitute acceptance of the Goods or the Services. 12.2 If, during the Warranty Period, WPH finds any Goods to be Defective Goods, it may:‌ (a) reject the Defective Goods by making them available for collection by the Supplier; or (b) make good the Defective Goods. 12.3 If, during the Warranty Period, WPH finds any Services to be Defective Services, it may:‌ (a) reject the Defective Services by notifying the Supplier that it is rejecting them; or (b) make good the Defective Services. 12.4 At WPH’s option and request, the Supplier agrees to: (a) refund to WPH any payments made by WPH in respect of any Defective Goods and any Defective Services that WPH rejects; or (b) make good free of charge any Defective Goods and any Defective Services that WPH rejects; or (c) reimburse WPH for any expenses WPH incurs in making good any Defective Goods and any Defective Services, under clauses 12.2and 12.3. 12.5 WPH’s inspection, testing or acceptance of some or all of the Goods or Services does not in any way: (a) change or affect the Supplier’s obligations under this Agreement; or (b) affect WPH’s rights to claim for any damage or loss WPH may suffer because of the Supplier’s breach of warranty or failure to fulfil any of its other obligations under this Agreement. 12.6 If WPH decides to accept some Goods or some Services from the Supplier which do not comply with the terms of this Agreement, this decision does not bind WPH to accept future shipments of Goods or the future performance of Services which do not comply with the terms of this Agreement. Payment for Goods or work done prior to inspection is not to be construed as an acceptance of defective Goods or Services by WPH. 12.7 Any repairs or replacement Goods provided by the Supplier under this clause will be subject to the same warranty as the original Goods, from the date of repair or replacement. 12.8 Any Services that are re-performed or made good by the Supplier under this clause will be subject to the same warranty as the original Services, from the date of re-performance or on which the Services were made good. 12.9 The remedies provided in this clause do not exclude any other remedies provided by law...
Sample 1
Acceptance of the Goods and Services takes place upon the Buyer receiving the Goods and Services in conformity with the Contract and, after receipt by the Buyer or by its representatives of all documents agreed upon in the Contract, in particular the certificates of conformity and safety.
Sample 1
Acceptance of the Goods and Services. The Company will not be deemed to have accepted any Goods or Services until it has had a reasonable time to inspect the Goods after delivery and to inspect and test the results of any Services after performance. Payment for the Goods and any Services or the signing of delivery receipts before inspection does not constitute acceptance of the Goods or the Services.
Sample 1

Related to Acceptance of the Goods and Services

  • Goods and Services 4.3.1. The Supplier shall ensure that the Goods and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve performance and results stipulated in the Contract. 4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licenses, Harmonized Tariff Code - and any such other documents required under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused correctly and under the appropriate safety conditions. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith sufficient timeforreview andapproval by the Customer, in accordancewith the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by the Purchaser as a result of the non-compliance and/or delay. 4.3.3. Goods or Services that donotmeetall the requirements set in this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-conformity event (NCE) as defined in the Supplier Quality Manual. 4.3.4. If the Supplier is not certain that the results of the Services or Goods comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing. 4.3.5. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.

  • Proposed Goods and Services Proposed Goods and Services pdf D/M/WBE Certification OPTIONAL No response Warranty No response

  • Procurement of Goods and Services (a) If the HSP is subject to the procurement provisions of the BPSAA, the HSP will abide by all directives and guidelines issued by the Management Board of Cabinet that are applicable to the HSP pursuant to the BPSAA. (b) If the HSP is not subject to the procurement provisions of the BPSAA, the HSP will have a procurement policy in place that requires the acquisition of supplies, equipment or services valued at over $25,000 through a competitive process that ensures the best value for funds expended. If the HSP acquires supplies, equipment or services with the Funding it will do so through a process that is consistent with this policy.

  • Additional Products and Services Subject to the allocation of funds, the CPO may add similar equipment, supplies, services, or locations, within the scope of this Agreement, to the list of equipment, supplies, services, or locations to be performed or provided by giving written notification to Contractor. For purposes of this Section, the “Effective Date” means the date specified in the notification from the CPO. As of the Effective Date, each item added is subject to this Agreement, as if it had originally been a part, but the charge for each item starts to accrue only on the Effective Date. In the event the additional equipment, supplies, services, or locations are not identical to the items(s) already under this Agreement, the charges therefor will then be Contractor’s normal and customary charges or rates for the equipment, supplies, services, or locations classified in the Fees and Costs (Exhibit “F”).

  • Content and Services Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.

  • PAYMENT FOR GOODS AND SERVICES a. DIR Customer shall comply with Chapter 2251, Texas Government Code, or applicable local law, in making payments to the Vendor. Payment under a DIR Contract shall not foreclose the right to recover wrongful payments. b. Payments must be made in accordance with laws and procedures applicable to DIR Customer. c. DIR Customer agrees to pay the rates and/or prices set by DIR with its vendors. DIR Customer understands these rates and/or prices include a DIR administrative fee. d. All purchases executed under a DIR Contract will require a DIR Customer purchase order.

  • All new supplies equipment and services shall include manufacturer's minimum standard warranty unless otherwise agreed to in writing. Vendor shall be legally permitted to sell all products offered for sale to TIPS Members. All goods proposed and sold shall be new unless clearly stated in writing. The Vendor shall provide timely and accurate customer support for orders to TIPS Members as agreed by the Parties. Vendors shall respond to such requests within a commercially reasonable time after receipt of the request. If support andƒor training is a line item sold or packaged with a sale, support shall be as agreed with the TIPS Member. Most TIPS Members are tax exempt and the related laws andƒor regulations of the controlling jurisdiction(s) of the TIPS Member shall apply. No assignment of Agreement may be made without the prior notification of TIPS. Written approval of TIPS shall not be unreasonably withheld. Payment for delivered goods and services can only be made to the awarded Vendor, Vendor designated reseller or vendor assigned company.

  • Online Services Microsoft warrants that each Online Service will perform in accordance with the applicable SLA during Customer’s use. Customer’s remedies for breach of this warranty are described in the SLA.

  • Diagnostic Services All necessary procedures to assist the dentist in evaluating the existing conditions to determine the required dental treatment, including: Oral examinations Consultations

  • Telemedicine Services This plan covers clinically appropriate telemedicine services when the service is provided via remote access through an on-line service or other interactive audio and video telecommunications system in accordance with R.I. General Law § 27-81-1. Clinically appropriate telemedicine services may be obtained from a network or non- network provider, and from our designated telemedicine service provider. When you seek telemedicine services from our designated telemedicine service provider, the amount you pay is listed in the Summary of Medical Benefits. When you receive a covered healthcare service from a network or non-network provider via remote access, the amount you pay depends on the covered healthcare service you receive, as indicated in the Summary of Medical Benefits. For information about telemedicine services, our designated telemedicine service provider, and how to access telemedicine services, please visit our website or contact our Customer Service Department.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!