Common use of Defective or Non-Conforming Goods or Services Clause in Contracts

Defective or Non-Conforming Goods or Services. 8.1 If any of the Goods or the Services fail to meet the Seller’s Warranties or are otherwise defective or non-conforming in any respect, Seller shall, upon notice thereof from Buyer at any time, promptly repair, replace or otherwise satisfactorily deal with the same in a manner acceptable to Buyer, all at Seller’s expense and without limiting or affecting Buyer’s other rights or remedies available hereunder or at law. The Seller’s Warranties shall also apply to such repaired, replaced or otherwise satisfactorily dealt with Goods or Services. If the Seller fails to repair, replace or otherwise deal with any defective or non-conforming Goods or Services in a manner acceptable to Buyer, Buyer may, without limiting or affecting Buyer’s other rights or remedies available hereunder or at law, cancel this Order as to the particular Goods or Services and/or cancel the then remaining balance of this Order. After notice to Seller, all defective or non-conforming Goods shall be held at Seller’s risk. Buyer may, and at Seller’s direction shall, return such defective or non-conforming Goods to Seller at Seller’s risk and Seller shall promptly pay, upon Buyer’s demand, all transportation and other applicable charges, both to and from the original destination. Any payment made by Buyer for defective or non- conforming Goods or Services shall be refunded by Seller, except to the extent that Seller promptly replaces or corrects the same at Seller’s expense. None of Buyer, its subsidiaries or affiliates, or their respective successors, assigns, representatives, employees, agents or customers shall be liable for any liabilities, claims, demands, costs, damages or expenses of any kind or nature (including personal injury, property damage, consequential or special damages) arising from or as a result of improper, unsafe or defective materials, workmanship or design or the Goods or Services. 8.2 Buyer has the right to inspect any and all of the Goods, both prior to and after making payment thereof. Seller acknowledges and agrees that Xxxxx may choose not to perform incoming inspections with respect to the Goods, without prejudice to any rights or remedies available to Buyer hereunder or at law, and Seller waives any rights to require Buyer to conduct such inspections. 8.3 Buyer’s payment for and/or acceptance of the Goods or the Services shall not relieve Seller from any of its obligations and/or warranties under this Order. In no event shall payment for the Goods or the Services be deemed to constitute acceptance by or on behalf of Buyer for any other purpose hereunder or at law.

Defective or Non-Conforming Goods or Services. 8.1 If any of the Goods or the Services fail to meet the Seller’s Warranties or are otherwise defective or non-conforming in any respect, Seller shall, upon notice thereof from Buyer at any time, promptly repair, replace or otherwise satisfactorily deal with remedy the same in a manner acceptable to Buyer, all at Seller’s expense and without limiting or affecting Buyer’s other rights or remedies available hereunder or at law. The Seller’s Warranties shall also apply to such repaired, replaced or otherwise satisfactorily dealt satisfactorily-dealt- with Goods or Services. If the Seller fails to repair, replace or otherwise deal with remedy any defective or non-conforming Goods or Services in a manner acceptable to Buyer, Buyer may, without limiting or affecting Buyer’s other rights or remedies available hereunder or at law, cancel this the applicable Purchase Order as to the particular Goods or Services and/or cancel the then remaining balance of this the applicable Purchase Order. After notice to Seller, all defective or non-conforming Goods shall be held at Seller’s risk. Buyer may, and at Seller’s direction shall, return such defective or non-conforming Goods to Seller at Seller’s risk and Seller shall promptly pay, upon Buyer’s demand, all transportation and other applicable charges, both to and from the original destination. Any payment made by Buyer for defective or non- non-conforming Goods or Services shall be refunded by Seller, except to the extent that Seller promptly replaces or corrects the same at Seller’s expenseexpense in a manner acceptable to Buyer. None of Buyer, its subsidiaries or affiliates, or their respective successors, assigns, representatives, employees, agents or customers shall be liable for any liabilities, claims, demands, costs, damages or expenses of any kind or nature (including personal injury, property damage, consequential or special damages) arising from or as a result of improper, unsafe or defective materials, workmanship or design or the Goods or Services. sus convenios de préstamos y otras obligaciones contractuales; (iii) los estados financieros y cualquier otra información entregada por el Vendedor al Comprador es correcta, completa y debidamente representativa de las condiciones financieras del Vendedor y ha sido preparada de conformidad con los principios contables generalmente aceptados (o cualquier estándar equivalente), uniforme y constantemente aplicados. El Vendedor conviene permitir al Comprador acceder a sus libros, registros, estados financieros, y cualquier otro documento, según sea requerido por el Comprador para confirmar el cumplimiento de estas declaraciones y garantías. 8.2 Buyer has the right to inspect any and all of the Goods, both prior to and after making payment thereof. Seller acknowledges and agrees that Xxxxx may choose not to perform incoming inspections with respect to the Goods, without prejudice to any rights or remedies available to Buyer hereunder or at law, and Seller waives any rights to require Buyer to conduct such inspections. 8.3 Buyer’s payment for and/or acceptance of the Goods or the Services shall not relieve Seller from any of its obligations and/or warranties under this Order. In no event shall payment for the Goods or the Services be deemed to constitute acceptance by or on behalf of Buyer for any other purpose hereunder or at law.

Defective or Non-Conforming Goods or Services. 8.1 (a) If any of the Goods or the Services fail to meet the Seller’s Warranties or are otherwise defective or non-conforming in any respectWarranties, Seller shall, upon notice thereof from Buyer at any time, promptly repair, replace or otherwise satisfactorily deal with the same in a manner acceptable to Buyer, all at Seller’s expense and without limiting or affecting Buyer’s other rights or remedies available hereunder or at law. The Seller’s Warranties shall also apply to such repaired, replaced or otherwise satisfactorily dealt with the Goods or the Services. . (b) If the Seller fails to repair, replace or otherwise deal with any defective or non-conforming Goods or Services in a manner acceptable to Buyer, Buyer may, without limiting or affecting Buyer’s other rights or remedies available hereunder or at law, cancel terminate this Order as to the particular Goods or Services and/or cancel terminate the then remaining balance of this Order. Order and/or authorize the repair or replacement of the defective or on- conforming Goods or Services from a third party at the expense of Seller and recover such costs from Seller within thirty (30) days of paying such costs. (c) After notice to Seller, all defective or non-conforming Goods shall be held at Seller’s risk. Buyer may, and at Seller’s direction shall, return such defective or non-conforming Goods to Seller at Seller’s risk risk, and Seller shall promptly pay, upon Buyer’s demand, all transportation and other applicable charges, both to and from the original destination. . (d) Any payment made by Buyer for defective or non- non-conforming Goods or Services shall be refunded by Seller, except to the extent that Seller promptly replaces or corrects the same at Seller’s expense. . (e) None of Buyer, its subsidiaries or affiliates, or their respective successors, assigns, representatives, employees, agents or customers shall be liable for for, or be obligated to indemnify or hold any of Seller, its subsidiaries or affiliates, or their respective successors, assigns, representatives, employees, agents, subcontractors or suppliers harmless from and against, any liabilities, claims, demands, costs, damages or expenses of any kind or nature (including personal injury, property damage, consequential or special damages) arising from or as a result of the improper, unsafe or defective materials, workmanship or design or the Goods or Services. 8.2 Buyer has the right to inspect any and all of the Goods, both prior to and after making payment thereof. Seller acknowledges and agrees that Xxxxx may choose not to perform incoming inspections with respect to the Goods, without prejudice to any rights or remedies available to Buyer hereunder or at law, and Seller waives any rights to require Buyer to conduct such inspections. 8.3 Buyer’s payment for and/or acceptance of the Goods or the Services shall not relieve Seller from any of its obligations and/or warranties under this Order. In no event shall payment for the Goods or the Services be deemed to constitute acceptance by or on behalf of Buyer for any other purpose hereunder or at lawServices.

Defective or Non-Conforming Goods or Services. 8.1 (a) If any of the Goods or the Services fail to meet the Seller’s Warranties or are otherwise defective or non-conforming Buyer’s complete specifications in any respecttheir entirety, Seller shall, upon notice thereof from Buyer at any time, promptly repair, replace or otherwise satisfactorily deal with the same in a manner acceptable to Buyer, all at Seller’s expense and without limiting or affecting Buyer’s other rights or remedies available hereunder or at law. The Seller’s Warranties shall also apply to such repaired, replaced or otherwise satisfactorily dealt with the Goods or the Services. . (b) If the Seller fails to repair, replace or otherwise deal with any defective or non-conforming Goods or Services in a manner acceptable to Buyer, Buyer may, without limiting or affecting Buyer’s other rights or remedies available hereunder or at law, cancel this Order Agreement as to the particular Goods or Services and/or cancel the then remaining balance of this Order. Agreement. (c) After notice to Seller, all defective or non-conforming Goods shall be held at Seller’s risk. Buyer may, and at Seller’s direction shall, return such defective or non-conforming Goods to Seller at Seller’s risk risk, and Seller shall promptly pay, upon Buyer’s demand, all transportation and other applicable charges, both to and from the original destination. . (d) Any payment made by Buyer for defective or non- non-conforming Goods or Services shall be refunded by Seller, except to the extent that Seller promptly replaces or corrects the same at Seller’s expense. . (e) None of Buyer, its subsidiaries or affiliates, or their respective successors, assigns, representatives, employees, agents or customers shall be liable for for, or be obligated to indemnify or hold any of Seller, its subsidiaries or affiliates, or their respective successors, assigns, representatives, employees, agents, subcontractors or suppliers harmless from and against, any liabilities, claims, demands, costs, damages or expenses of any kind or nature (including personal injury, property damage, consequential or special damages) arising from or as a result of the improper, unsafe or defective materials, workmanship or design or the Goods or Services. 8.2 Buyer has the right to inspect any and all of the Goods, both prior to and after making payment thereof. Seller acknowledges and agrees that Xxxxx may choose not to perform incoming inspections with respect to the Goods, without prejudice to any rights or remedies available to Buyer hereunder or at law, and Seller waives any rights to require Buyer to conduct such inspections. 8.3 Buyer’s payment for and/or acceptance of the Goods or the Services shall not relieve Seller from any of its obligations and/or warranties under this Order. In no event shall payment for the Goods or the Services be deemed to constitute acceptance by or on behalf of Buyer for any other purpose hereunder or at lawServices.

Defective or Non-Conforming Goods or Services. 8.1 If any of the Goods or the Services fail to meet the SellerSupplier’s Warranties or are otherwise defective or non-conforming in any respectwarranties, Seller Supplier shall, upon notice thereof from Buyer DPI at any time, promptly repair, replace or otherwise satisfactorily deal with the same in a manner acceptable to BuyerDPI, all at SellerSupplier’s expense and without limiting or affecting BuyerDPI’s other rights or remedies available hereunder or at law. The SellerSupplier’s Warranties warranties shall also apply to such repaired, replaced or otherwise satisfactorily dealt with Goods or Services. If the Seller Supplier fails to repair, replace or otherwise deal with any defective or non-conforming Goods or Services in a manner acceptable to BuyerDPI, Buyer DPI may, without limiting or affecting BuyerDPI’s other rights or remedies available hereunder or at law, cancel this Order Agreement as to the particular Goods or Services and/or cancel the then remaining balance of this OrderAgreement. After notice to SellerSupplier, all defective or non-conforming Goods shall be held at SellerSupplier’s risk. Buyer DPI may, and at SellerSupplier’s direction shall, return such defective or non-conforming Goods to Seller Supplier at SellerSupplier’s risk risk, and Seller Supplier shall promptly pay, upon BuyerDPI’s demand, all transportation and other applicable charges, both to and from the original destination. Any payment made by Buyer DPI for defective or non- non-conforming Goods or Services shall be refunded by SellerSupplier, except to the extent that Seller Supplier promptly replaces or corrects the same at SellerSupplier’s expense. None of BuyerDPI, its subsidiaries or affiliates, or their respective successors, assigns, representatives, employees, agents or customers Customers shall be liable for for, or be obligated to indemnify or hold any of Supplier, its subsidiaries or affiliates, or their respective successors, assigns, representatives, employees, agents, subcontractors or suppliers harmless from and against, any liabilities, claims, demands, costs, damages or expenses of any kind or nature (including personal injury, property damage, consequential or special damages) arising from or as a result of the improper, unsafe or defective materials, workmanship or design or the Goods or Services. 8.2 Buyer has the right to inspect any and all of the Goods, both prior to and after making payment thereof. Seller acknowledges and agrees that Xxxxx may choose not to perform incoming inspections with respect to the Goods, without prejudice to any rights or remedies available to Buyer hereunder or at law, and Seller waives any rights to require Buyer to conduct such inspections. 8.3 Buyer’s payment for and/or acceptance of the Goods or the Services shall not relieve Seller from any of its obligations and/or warranties under this Order. In no event shall payment for the Goods or the Services be deemed to constitute acceptance by or on behalf of Buyer for any other purpose hereunder or at lawServices.