Conforming Goods. The Goods shall conform strictly to the description, plans, specifications, and sample. If there are no specific descriptions, plans, specifications, or samples, and to the extent that they are not explicit, the Goods shall be new, of the latest design or model conforming to the Buyer's requirements, and of the best quality. Seller may not substitute Goods or parts of Goods, or shipment more or less than the quantity specified in this Purchase Order. If Xxxxx receives Goods that do not conform to these requirements, Xxxxx may reject such shipment in whole or in part by notifying Seller. Seller shall remove such rejected goods at Seller's expense within ten (10) days after the date of Buyer’s notice.
Conforming Goods. Acceptance of all or any part of the goods shall not be deemed to be a waiver of Buyer's right either to cancel or to return all or any portion of the goods because of failure to conform to order or by reason of defects, latent or patent, or other breach of warranty, or to make any claim for damages, including manufacturing costs and loss of profits or other special damages occasioned by the Buyer. Such rights shall be in addition to any other remedies provided by law. 5.
Conforming Goods. The Goods shall conform in all respects with the County’s solicitation documents. In the event of nonconformity, and without limitation upon any other remedy, the County shall have no financial obligation in regard to the non- conforming Goods. The Seller shall pay all costs for removal of non- conforming Goods from County premises.
Conforming Goods. Acceptance of all or any part of the goods shall not be deemed to be a waiver of Buyer’s right either to cancel or to return all or any portion of the goods because of failure to conform to order, or by reason of defects, or other breach of warranty, or to make a claim for damages, including manufacturing costs and loss of profits or other special damages occasioned by the Buyer. Such rights shall be in addition to any other remedies provided by law.
Conforming Goods. At Seller’s request, Buyer will send at, Buyer’s sole expense, any allegedly defective Goods to Seller’s plant.
Conforming Goods. Seller represents and warrants that good title to the Goods will pass free and clear of all charges, claims and liens of any nature. Seller bears all risk of loss or damage to the Goods until delivery of the Goods to the warehouse or facilities of HSY.
Conforming Goods. All Goods shall conform strictly to the description, plans, specifications, and samples, if any, and no deviation or substitution shall be permitted without the express written agreement of Buyer. If there are no specific descriptions, plans, specifications, or samples, and to the extent they are not explicit, all Goods shall be new, of the latest design or model conforming to Buyer’s requirements, and of the best quality unless otherwise specified. The Goods provided hereunder shall not be deemed accepted by Buyer until installed and tested for full compliance with the specifications contained herein or contained in any additional bid specifications, requests for proposals, or other materials issued by Buyer in conjunction with this purchase.
Conforming Goods. BBTC has the sole discretion whether it shall accept returns of Conforming Goods. If BBTC does accept returns of Conforming Goods, the Customer must pay to BBTC handling fees and two (2) freight costs.
Conforming Goods. Neither the quality nor quantity of Goods shall differ from that specified or required in the Order. No modification of an Order or shipment of nonconforming Goods shall occur unless first authorized in writing by an authorized officer of Buyer. Buyer shall have the right at any time prior to the completion or delivery date of Goods to make changes in the scope of work, including, but not limited to, quantities, descriptions, drawings, designs, specifications, packaging, time and place of delivery and method or routing of transportation. If any such change causes an increase or decrease in the cost, the time required for the performance, or otherwise materially affects any other provision of the Order, an equitable proportionate adjustment may be made with Buyer’s approval, and the Order shall be modified in writing accordingly; provided, however, Vendor has notified Buyer in writing of the necessity of such adjustment within thirty (30) days of receiving Buyer’s directive to make such change. Vendor agrees that (i) the time period set forth in the Order is adequate for timely delivery of all Goods in good condition, and (ii) its failure to deliver all Goods within such period will cause loss and damage to Buyer.
Conforming Goods. Goods shall be new and strictly conform in all respects to the specifications and requirements of the Order. Buyer reserves the right to inspect the Goods at any time before, during, or after delivery, including during any stage of their manufacture, construction, preparation, delivery and completion, upon reasonable advance notice to Seller. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section
