Delivery, Acceptance and Rejection Sample Clauses

Delivery, Acceptance and Rejection. 1. Unless specifically agreed otherwise, delivery of the materials is made Delivered Duty Paid, (Incoterms 2020 or any subsequent version) on the agreed date and location, properly packed, clearly marking the Order reference and accompanied by the appropriate (transport and other) documents, duly completed and executed, as well as all product documents and manuals as required by the Agreement or by Applicable Law. 2. Title to the materials is transferred to Action upon delivery. Risk of loss or damage to the materials shall pass to Action upon acceptance. 3. Action is under no obligation to undertake acceptance checks. The signing on behalf of Action of transport or other delivery documents does not imply acceptance of the materials delivered, nor a waiver by Action of any of its rights. 4. Action is entitled to reject the materials if the materials do not comply with the Specifications, any other requirement under the Agreement or Applicable Law, or are not delivered in time at the agreed delivery date or delivery location. In case of rejection, Action may - at its sole discretion - (i) procure replacement materials from a third party at the expense of Supplier; or (ii) require Supplier to, within 5 (five) business days after (notification of) rejection, (a) immediately remedy the non-conformity and deliver substitute materials that do comply with the Specifications, or (b) take back any delivered materials in whole or in part with corresponding repayment of funds already transferred by Action to Supplier. Any rejected materials remain at the risk and (storage) expense of Supplier and shall be collected by Supplier within 5 (five) business days after (notification of) rejection, failing which Action may cause the materials to be destroyed or returned at Supplier’s expense.
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Delivery, Acceptance and Rejection. Deliverables KLSI agrees to deliver the Deliverables in accordance with the Development and Payment Schedule. Deliverables shall be delivered to the Immersion Project Manager accompanied by a written statement listing the items delivered and stating that they are ready for Immersion's acceptance testing. All Deliverables shall be sent to Immersion F.O.B. Immersion's facility at the address stated above. KLSI's liability for loss shall cease upon delivery to the F.O.B. point and title to the Deliverables shall shift to Immersion without any effect on the intellectual property rights in such Deliverables.
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Delivery, Acceptance and Rejection. ADLT shall perform the Services and deliver to FIBERSTARS the Custom Deliverables on the applicable milestone delivery dates scheduled on Attachment A in accordance with the Specifications. Within fifteen (15) days of FIBERSTARS’ receipt of the applicable Custom Deliverables, ADLT shall provide a written report which shall contain in reasonable detail ADLT’s evaluation of such Custom Deliverable, including the status and results from any tests, inspections or evaluations and/or any problems or other issues or concerns related to such Custom Deliverable and the development thereof. FIBERSTARS will have five (5) business days upon receipt of ADLT’s report to reject the Custom Deliverable by delivering to ADLT a written statement describing a failure of the Custom Deliverable to comply in one or more material respects with the Specifications (a “Non-Conformance”); if FIBERSTARS has not delivered its notice of Non-Conformance to ADLT after the fifth (5th) business day of receipt of ADLT’s report, FIBERSTARS will be deemed to have given its Acceptance to the Custom Deliverable. In case of rejection, upon receipt of FIBERSTARS’ notice of Non-Conformance, ADLT will correct the specified Non-Conformance so that it conforms to the Specifications, and redeliver the Custom Deliverable for FIBERSTARS’ Acceptance. FIBERSTARS will provide reasonable information, as requested by ADLT, to assist in correcting the Non-Conformance. Upon redelivery of the Custom Deliverable by ADLT, FIBERSTARS will then have an additional fifteen (15) business days to determine whether the resubmitted Custom Deliverable meets the Specifications or to reject such Custom Deliverable, in accordance with the above described procedures. All risk of damage and loss in connection with a Custom Deliverable shall pass to FIBERSTARS upon delivery of such Custom Deliverable to the address or location specified by FIBERSTARS.
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Delivery, Acceptance and Rejection. Member agrees to tender delivery of the durum in one or more installments, in accordance with the delivery schedule established by the Cooperative and mailed by ordinary mail to the Member. The delivery schedule shall designate one or more dates and places of delivery, which may be an elevator or other facility not owned by the Cooperative. Time of delivery in compliance with the delivery schedule is essential to the Cooperative. The Member retains risk of loss of any durum Member intends to deliver to the Cooperative until it is delivered to the facility designated by the Cooperative. When delivery of durum is tendered, the Cooperative has a right of inspection. Durum tendered for delivery shall be inspected before it is unloaded. Grading factors and quality specifications established by the Cooperative shall govern inspections. Acceptance occurs when the Cooperative shall have inspected the durum and notified the Member by ordinary mail that it has been accepted. Durum of substandard quality, as determined by the Cooperative, shall be rejected. If the tender of delivery is rejected for failure to conform to specifications, the Cooperative shall notify the Member of the rejection, including a statement of the particular defect. If the Cooperative rejects any tender of delivery, and the time for delivery has not yet expired, the Member may notify the Cooperative of his intention to make a conforming delivery and may then within the contract time make a conforming delivery. Durum tendered for delivery which is rejected shall not be unloaded. The Cooperative shall not be obliged to hold the rejected durum for the Member, and the Cooperative shall not be obliged to sell rejected durum for the Member. Title passes on tender of delivery, free from any security interest or other lien, except as provided by paragraphs 3d and 5. Rejection revests title to the durum in the Member. If the tender of delivery of any installment is rejected for failure to conform to specifications, the Cooperative shall have other rights and remedies as provided in Section 7 of this Agreement.
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Delivery, Acceptance and Rejection. 5.1. DELIVERY OF PRE-SHIPMENT SAMPLES. Upon written request by Chiron made upon or after placement of any Purchase Order, Cubist shall (a) provide to the Carrier, on a mutually agreed date in advance of the Delivery Date specified in such Purchase Order, pre-shipment samples from Lots manufactured for an order of Filled Product, and (b) as soon thereafter as reasonably practicable, provide Chiron with the associated Lot Documentation Package. Chiron shall be responsible for arranging for the pick-up of such pre-shipment samples on such mutually agreed upon date at such facility by the Carrier. Cubist will direct each Cubist Supplier to permit the Carrier to pick-up such pre-shipment samples at the facility. The Carrier shall transport such pre-shipment samples on behalf of, and at the direction of, Chiron to the destination designated by Chiron. Chiron shall be responsible for the full cost of transportation, exportation and importation of such pre-shipment samples, including, without limitation, the cost of freight, postage, shipping, insurance and export or * CONFIDENTIAL TREATMENT REQUESTED: MATERIAL HAS BEEN OMITTED AND FILED WITH THE COMMISSION import duties, and costs invoiced by Cubist Suppliers in order to fulfill such requests for pre-shipment samples.
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Delivery, Acceptance and Rejection. 13.1. Subject to Conditions 13.1.1 and 13.1.2, the Goods shall be delivered DDP to the AHDB Stores and the Services performed at the place specified in the Contract. Delivery shall take place at the entrance to the relevant building or such other building as may be specified and not roadside unless otherwise agreed in writing prior to delivery. 13.1.1. Supplies of Goods by letter post may be addressed to the Principal Office. 13.1.2. A different place of delivery or performance may be agreed: (a) in Writing prior to delivery of the Goods or the performance of the Services; or (b) orally prior to such delivery or performance and where appropriate subsequently confirmed in Writing. 13.1.3. The Supplier shall unload the Goods at its own risk as directed by AHDB. Unless otherwise stipulated by AHDB, deliveries shall only be accepted by AHDB in Business Hours. 13.1.4. The date for delivery shall be specified, or if no such date is specified then unless otherwise agreed delivery shall take place within 28 days of the order. 13.1.5. The Goods shall remain at the risk of the Supplier until delivery in accordance with the Contract to AHDB is complete (including unloading and stacking) when ownership of the Goods shall pass to AHDB. 13.2. In respect of Goods, the Supplier shall invoice AHDB upon, but separately from, despatch of the Goods to AHDB. In respect of Services, the Supplier shall invoice AHDB monthly in arrears (or at such other frequency as may be agreed between the Parties). 13.3. The Supplier shall ensure that each delivery of Goods is accompanied by a delivery note which shows, among other things, the Purchase Order number, number of packages and contents and, in the case of part delivery, the outstanding balance remaining to be delivered. 13.4. Time shall be of the essence of the Contract in relation to the Supplier’s obligation to supply the Goods and Services unless otherwise specifically agreed in Writing. 13.5. If the Goods are not delivered on the due date, the Services are not provided in accordance with the agreed timetable or if the Goods or Services (in the reasonable opinion of AHDB) do not comply with the Purchase Order, the Specification or any other standards stipulated by AHDB then, without prejudice to any other rights which it may have, subject to Condition 14.12 AHDB reserves the right to terminate the Contract. 13.6. All Goods shall be packaged by the Supplier so as to ensure that they will be in good condition upon arrival at their ...
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Delivery, Acceptance and Rejection. 24 7.1 Shipping....................................................................... 24 7.2
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Delivery, Acceptance and Rejection. Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. 4.2.1 Cell-Matrix shall transfer ownership to the Materials to Tracon at the facility of [***] (“[***]”) and the parties shall execute such documents as necessary with [***] to evidence such transfer of ownership, with delivery of the Materials to be deemed made to Tracon upon such transfer. Cell-Matrix hereby represents and warrants to Tracon that the Materials shall conform to the applicable specifications set forth in Exhibit D (the “Specifications”) at the time of such delivery. Tracon shall be responsible for transferring the Materials to its Third Party storage facility and for all risk of the loss of the Materials, storing and handling the materials in accordance all applicable requirements to maintain the quality thereof, and all costs associated for storage of the Materials by [***] or other Third Party, provided that the parties shall share equally in the cost of shipping of and insurance for the Materials from the [***] facility to such Third Party. Tracon shall inspect the Materials upon transfer of ownership, and conduct such testing as it deems appropriate to confirm that the Materials conform to the Specifications. Any Materials not rejected in writing within [***] after the date of transfer shall be deemed accepted, except to the extent of any nonconformity with the Specifications not discoverable through reasonable testing and in existence on the date of delivery (a “Latent Defect”). If Tracon determines that any Materials do not conform to the Specifications, it shall promptly provide written notice thereof to Cell-Matrix within the [***] acceptance period or within [***] of any discovery of any Latent Defect. If Cell-Matrix does not agree with Tracon’s determination, the Materials shall be submitted for inspection and testing by a mutually agreed upon independent laboratory, which shall make a final determination binding upon the parties as to whether the Materials in question met the Specifications as of the date of delivery. The cost of such testing shall be borne by the party against which the independent laboratory rules in its determination. 4.2.2 If Materials are determined to be not conforming to the Specifications in accordance with the procedures set forth in Section 4.2.1 above, Cell-Matrix shall in its discretion replace the non-conforming Materials or reduc...
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Delivery, Acceptance and Rejection 
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Related to Delivery, Acceptance and Rejection

  • ACCEPTANCE AND REJECTION a. Buyer shall accept the Services or give Seller notice of rejection within a reasonable time after the date of delivery. No payment, prior test, inspection, passage of title, any failure or delay in performing any of the foregoing, or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this Contract or impair any rights or remedies of Buyer. b. If Seller delivers defective or non-conforming Services, Buyer may at its option and at Seller's expense: (i) require Seller to promptly reperform, correct or replace the Services; (ii) correct the Services; or (iii) obtain replacement Services from another source. Return to Seller of defective or non-conforming Services and redelivery to Buyer of corrected or replaced Services shall be at Seller's expense. c. Seller shall not redeliver corrected or rejected Services without disclosing the former rejection or requirement for correction. Seller shall disclose any corrective action taken. All repair, replacement and other correction and redelivery shall be completed as Buyer may reasonably direct.

  • Acceptance; Rejection A holder of Notes may accept the offer to prepay made pursuant to this Section 8.3 by causing a notice of such acceptance to be delivered to the Company not later than 15 days after receipt by such holder of the most recent offer of prepayment. A failure by a holder of Notes to respond to an offer to prepay made pursuant to this Section 8.3 shall be deemed to constitute a rejection of such offer by such holder.

  • Delivery; Acceptance of Premises; Commencement Date Landlord shall use reasonable efforts to deliver the Premises to Tenant on or before the Target Commencement Date in the Tenant Improvement Work Readiness Condition for construction by Tenant of the Tenant Improvements (“Delivery” or “Deliver”). If Landlord fails to timely Deliver the Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable except as provided herein. If Landlord does not Deliver the Premises within 120 days of the Target Commencement Date for any reason other than Force Majeure delays, this Lease may be terminated by Landlord or Tenant by written notice to the other, and if so terminated by either: (a) the Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of this Lease), shall be returned to Tenant, and (b) neither Landlord nor Tenant shall have any further rights, duties or obligations under this Lease, except with respect to provisions which expressly survive termination of this Lease. As used herein, the terms “Tenant Improvements” and “Tenant Improvement Work Readiness Condition” shall have the meanings set forth for such terms in the work letter at here to as Exhibit C (the “Work Letter”). If neither Landlord nor Tenant elects to void this Lease within 10 business days of the lapse of such 120 day period (as may be extended by Force Majeure delays), such right to void this Lease shall be waived and this Lease shall remain in full force and effect. Notwithstanding the foregoing, Landlord and Tenant agree that if any Governmental Authority having jurisdiction of the Project, as a result of the COVID-19 outbreak in the United States declares or implements any order or mandate that restricts construction activities in San Diego county (any such order or mandate, a “Government Mandate”), then, to the extent such Government Mandate precludes construction of the Core & Shell (as defined in the Work Letter), the Target Commencement Date shall be delayed 1 day for each day that such a Government Mandate remains in effect and continues to preclude such construction of the Core & Shell. 3115 Xxxxxxxxxx/Erasca - Page 3 The “Commencement Date” shall be date that Landlord Delivers the Premises to Tenant in Tenant Improvement Work Readiness Condition. The “Rent Commencement Date” shall be the date that is 180 days after the Commencement Date (which is anticipated to be February 1, 2022, based on the Target Commencement Date of August 1, 2021); provided, however, that the Rent Commencement Date shall be delayed 1 day for each day after the Commencement Date that a Government Mandate that restricts construction activities in San Diego county is in effect to the extent that such Government Mandate precludes such construction of the Tenant Improvements. Upon request of Landlord, Tenant shall execute and deliver a written acknowledgment of the Commencement Date, the Rent Commencement Date and the expiration date of the Term when such are established in the form of the “Acknowledgement of Commencement Date” attached to this Lease as Exhibit D; provided, however, Tenant’s failure to execute and deliver such acknowledgment shall not affect Landlord’s rights hereunder. The “Term” of this Lease shall be the Base Term, as defined above on the first page of this Lease. Except as set forth in the Work Letter: (i) Tenant shall accept the Premises in their condition as of the Commencement Date; (ii) Landlord shall have no obligation for any defects in the Premises; and (iii) Tenant’s taking possession of the Premises shall be conclusive evidence that Tenant accepts the Premises and that the Premises were in good condition at the time possession was taken. Any occupancy of the Premises by Tenant before the Commencement Date shall be subject to all of the terms and conditions of this Lease, excluding the obligation to pay Base Rent and Operating Expenses. Notwithstanding the foregoing, for the period of 365 consecutive days after the Commencement Date, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to Building Systems (as defined in Section 13), serving the Premises unless Tenant or any Tenant Party was responsible for the cause of such repair or Tenant was responsible for the construction of such Building Systems as part of the Tenant Improvements, in which case Tenant shall pay the cost. In addition, Tenant shall be entitled to the benefit of any warranties issued to Landlord in connection with the Core & Shell for the terms of such warranties to the extent affecting the Premises. Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. This Lease constitutes the complete agreement of Landlord and Tenant with respect to the subject matter hereof and supersedes any and all prior representations, inducements, promises, agreements, understandings and negotiations which are not contained herein. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein.

  • Order Acceptance Xxxxxxx’x acceptance of the Order and consequent agreement to the Contract by either: (a) delivering the Goods, Services, or Digital Services; or

  • Payment Does Not Imply Acceptance of Work The granting of any payment by City, or the receipt thereof by Contractor, shall in no way lessen the liability of Contractor to replace unsatisfactory work, equipment, or materials, although the unsatisfactory character of such work, equipment or materials may not have been apparent or detected at the time such payment was made. Materials, equipment, components, or workmanship that do not conform to the requirements of this Agreement may be rejected by City and in such case must be replaced by Contractor without delay.

  • Inspection; Acceptance The Contractor (immixTechnology, Inc.) can only, and shall only tender for acceptance those items that substantially conform to the software manufacturer’s (“Qualtrics”) published specifications. Therefore, items delivered shall be considered accepted upon delivery. The Government reserves the right to inspect or test any supplies or services that have been delivered. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-(1) Within the warranty period; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

  • Inspection and Rejection of Nonconforming Goods The Buyer has the right to inspect the Goods on or after the Delivery Date. 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, Buyer 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, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

  • ACCEPTANCE STANDARDS Inspection and acceptance/rejection of products shall be made within thirty (30) days of receipt or upon completion of installation should that installation period extend beyond thirty

  • ACCEPTANCE/REJECTION/CANCELLATION The County reserves the right to accept or to reject any or all bids and to make the award to that bidder who, in the opinion of the County, will be in the best interest of and/or the most advantageous to the County. The County also reserves the right to reject the bid of any bidder who has previously failed in the proper performance of an award or to deliver on time contracts of a similar nature or who, in the County’s opinion, is not in a position to perform properly under this award. The County reserves the right to inspect all facilities of bidders in order to make a determination as to the foregoing. The County reserves the right to waive any irregularities and technicalities and may, at its discretion, request a re- bid. Award will be made to the lowest responsive and responsible bidder as determined by the County. The County reserves the right, and the Manager, Procurement Division has absolute and sole discretion, to cancel a solicitation at any time prior to approval of the award by the Board of County Commissioners when such approval is required. The decision to cancel a solicitation cannot be the basis for a protest pursuant to the Orange County Code.

  • CONTRACT ACCEPTANCE By acceptance of this order, Xxxxxx agrees that the scope of the work required is understood by Xxxxxx; that there are no informal commitments by Buyer that in any way affect the work under this order; that there are no open or unresolved issues related to this order except as explicitly stated herein; and that Xxxxxx therefore understands and agrees that this order states the complete agreement of the parties. CAS requirements do not apply if the order does not exceed $650,000 or if the Seller claims an exemption per the Proposal Representation and Certification, or if certified cost or pricing data was not provided.

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