Delivery and Inspection. 5.1 The Deliverables shall be delivered or supplied to the Delivery Location during the Delivery Timeslot on the Delivery Date.
5.2 If the Deliverables are not delivered on the specified Delivery Date, then, without limiting any other right or remedy Capita may have, Capita may: (a) refuse to take any subsequent attempted delivery of the Deliverables; (b) terminate this Agreement with immediate effect; (c) obtain substitute products from another supplier and recover from the Supplier any costs and expenses reasonably incurred by Capita in obtaining such substitute products; and (d) subject to clause 14 (Liability), claim damages for any other costs, expenses or losses resulting from the Supplier’s failure to deliver the Deliverables on the Delivery Date, provided that the Supplier shall have no liability for any failure or delay in delivering the Deliverables to the extent that such failure or delay is directly caused by Capita’s failure to comply with its obligations under this Agreement.
5.3 The Supplier shall ensure that: (a) the Deliverables are marked in accordance with Capita’s instructions and any applicable regulations and are properly packaged and stored so as to reach their destination in an undamaged condition; (b) each delivery is accompanied by a prominently displayed delivery note and all handling, storage, operating and safety instructions and any other information as may be necessary for their proper use, maintenance and repair
5.4 Capita shall not be deemed to have accepted the Deliverables until it has had 90 days to inspect them following delivery, or, in the case of a latent defect in the Deliverables, for 90 days after any latent defect in the Deliverables has become apparent.
5.5 Capita and/or a Regulatory Authority may enter the Supplier Premises to inspect the manufacturing facilities and equipment used to manufacture the Deliverables and inspect stock levels and take samples of raw materials, packaging and the Deliverables.
Delivery and Inspection. Any Cooperative records are subject to inspection and copying at the reasonable request, and at the expense of any Member during ordinary business hours but not for the purpose of selling any information contained therein or for any competitive purpose or purpose the effect of which would breach the obligation contained in Section 10.2. A Member’s agent or attorney has the same inspection and copying rights as the Member. The right to copy records includes, if reasonable, the right to receive copies made by photographic, xerographic, or other means. The Cooperative may impose a reasonable charge, not to exceed the estimated cost of labor and material for production or reproduction, for copies of any documentation provided to a Member.
Delivery and Inspection. Time and date of deliveries and performance are of the essence on this Purchase Order. IES reserves the right to make final inspection of the Goods and Services after receipt by IES (notwithstanding any prior payment or prior acceptance thereof) and, in addition to any other right and remedies available under law, to cancel this Purchase Order and reject the Goods or Services upon any default by Supplier in meeting or satisfying delivery/completion dates, scheduled amounts, specifications, quality, or performance. IES may, at its discretion, employ either a 100% inspection or a sample plan. Lots which fail to pass sampling plans may be subsequently 100% inspected by IES (with Supplier to be charged for all such inspection costs) or, at IES’ option, rejected or returned to Supplier for correction, replacement or credit, as the option of IES. Supplier shall not be allowed additional time outside of the time stated for delivery/completion in this Purchase Order without the express written consent of IES. Goods shipped in advance of delivery schedule or unauthorized partial shipments may also be rejected or returned to Supplier at Supplier's expense. All Goods shall be shipped F.O.B. destination. Risk of loss shall pass to IES upon delivery of the Goods to IES in an undamaged condition. Supplier shall bear all risks and expenses for returns including, but not limited to, storage, freight, insurance, packaging, materials and labor as to rejected Goods or Goods requiring correction after notice of rejection. IES shall have the right, upon reasonable advance notice and during normal business hours, to inspect Supplier’s premises and operations which pertain to the Goods and Services in order to insure conformity with specifications, adequate quality control and ability to meet designated delivery and completion dates.
Delivery and Inspection. Participating Entities and Participating Dealers will determine the time, mode, and location for delivery and inspection of purchased Equipment and Products. The handling of any damage or defects noted by the Participating Entity either during or after the vehicle is delivered to the Participating Entity is the responsibility of the Participating Dealer. Any policy as it relates to returns and return shipping will be determined between the Participating Entity and the Participating Dealer. Regardless of any other agreement, the Vendor does not accept any returns of school buses. The Participating Dealer has the responsibility to ensure that all Equipment, Products and Services sold under this Contract meet the Participating Entities specifications and/or specifications set by state and local governing bodies, or that exceptions to these specifications have been agreed upon in writing between the Participating Entity and the Participating Dealer. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products to its Participating Dealers, who in turn provide the substandard or inferior Equipment or Products to Participating Entities in the same condition provided to it by Vendor.
Delivery and Inspection. For the purpose of this Schedule only the Delivery Term, Installation Term, and Installation Date as defined in Master Agreement No. 1288 do not have bearing on the Base Term Commencement Date, which is defined in Section 4 above. The Lessee and Lessor acknowledge that the Equipment is currently located at the Equipment Location as identified in Section 2 above. Lessee acknowledges that the Equipment will be moved to a different Equipment Location, inspected, installed, and accepted no later that April 15, 2006 (“Final Acceptance Date”) and will acknowledge such with the execution of the Final Acceptance Certificate attached hereto as Exhibit D. A mutually agreed upon appraiser will be present upon the unpacking and inspection of the Equipment. No later than the Final Acceptance Date, Lessee will present Lessor with a written list of Items of Equipment that are either missing (“Missing Items”) or unsuitable for use (“Unsuitable Items”), but not including those Items that are missing or unsuitable for use as a result of any action by Lessee or movement of the Equipment from the Equipment Location. The list of Missing or Unsuitable Items will be accompanied by a report from the appraiser that supports (i) the Items are missing; or (ii) the Items are unsuitable for use. Upon receipt of this written list, at Lessee’s option, Lessor will:
1. For a Missing Item, either (a) reduce the Value of Calculation for Stip Loss Value as set forth in Section 7 above by the value allocated to such Missing Item on the Exhibit B Equipment List and adjust the Base Monthly Rental on a pro rata basis as of the Base Term Commencement Date, or (b) pay to Lessee, for the purpose of procuring a replacement for the Missing Item that is of equal or greater value and utility, the value allocated to such Missing Item on the Exhibit B Equipment List . If Lessee chooses option (a), the Missing Item will be removed from the Equipment List and acknowledged by both parties in writing. If Lessee chooses option (b), the replacement for the Missing Item shall be added to the Equipment List in place of the Missing Item.
2. For an Unsuitable Item, identify in writing within 30 days the estimated cost and time to replace or repair the Unsuitable Item. If Lessee accepts in writing such estimate for any Unsuitable Item within 10 days, Lessor will, at Lessor’s cost, process such replacement or repair and the terms of this Schedule will not change. If the Lessee does not accept such estimate for any U...
Delivery and Inspection. 3.1 Chess shall use its reasonable endeavours to deliver the Spare to the relevant Site on the Delivery Date or as soon as possible thereafter.
3.2 At delivery the Customer shall make available to Chess free of charge such labour and equipment as Chess reasonably requires to perform its duties hereunder.
3.3 Unless paragraph 3.4 applies, Chess is obliged to install the Spare as part of the Services, the Customer shall, within seven (5) days of the Actual Delivery Date, inspect and/or test (as applicable) the Spare and give notice to Chess of any damage or non-conformity. In the absence of such notice, the Spare shall be deemed to comply with this Agreement and the Customer shall be deemed to have accepted it. If the Customer provides notification of any damage or non-conformity, the Customer’s sole remedy and Chess’s sole liability in respect of the same shall be to repair or replace such Spare within a reasonable period of time.
3.4 If Chess is obliged to install the Spare as part of the Services, the Customer shall be deemed to have accepted the Equipment upon the date that Chess informs it that the Spare has been installed or upon first use (whichever is earlier).
Delivery and Inspection. 4.1. Seller shall deliver the Goods and/or perform the Services at the delivery point (the “Delivery Location”), and on the date(s) specified in the Order (the "Delivery Date"). If no Delivery Date is specified, Seller shall deliver in full within a reasonable time of receipt of the Order. If Seller fails to deliver the Goods or Services in full, on the Delivery Date, Buyer may terminate the Order immediately and Seller shall defend, indemnify, and hold harmless Buyer against any losses, damages, and reasonable costs and expenses, including but not limited to legal fees and expenses, attributable to Seller's failure to deliver.
4.2. Buyer reserves the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may reject all or any portion of the Goods if it determines the Goods are defective or nonconforming. If Buyer requires replacement of the Goods, pursuant to this Section 4, Seller shall, at its own cost and expense, promptly replace the nonconforming 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, terminate the Order for cause, and/or hold Seller liable for incidental and consequential damages.
4.3. Any inspection or other action by Buyer under this Section shall not affect Seller's obligations under the Order, and Buyer shall have the right to further inspection after Seller takes remedial action.
Delivery and Inspection. 5.1 Seller shall give Buyer reasonable notice of the date on which the Aircraft will be ready for Buyer’s inspection and acceptance flight test of not more than 10 hours duration. Within 10 days of such date, Buyer agrees to perform such inspection and, if no defect or discrepancy is revealed, Buyer shall accept delivery of the Aircraft before the end of such 10 day period (the time of the acceptance of delivery of the Aircraft being the “Delivery Time”).
5.2 Any defect or discrepancy revealed by Buyer’s inspection and/or acceptance flight test shall be corrected at no cost to Buyer before or after Delivery Time depending on the nature of the defect or discrepancy and time required for correction. If such correction requires an additional flight test, it shall be conducted in accordance with Article 5.
1. Buyer shall accept delivery of the Aircraft within 3 days after any defect or discrepancy has been corrected.
5.3 Buyer shall accept delivery of the Aircraft by signing a receipt for delivery in the form of Schedule “B”, attached hereto. Upon receipt of all payments due at Delivery Time, Seller shall deliver to Buyer a bxxx of sale and title to the Aircraft shall pass to Buyer free and clear of all rights, prior claims, liens, charges and encumbrances (hereinafter “Liens”), and risk of damage to or loss of the Aircraft shall pass to Buyer.
Delivery and Inspection. Delivery will be strictly in accordance with the Water Authority’s delivery schedule and instructions. Final inspection and acceptance will not be deemed to be a waiver by the Water Authority of its right to (a) cancel, reject or return, at Vendor’s risk and expense, all or any portion of the goods, services or construction, or (b) make a claim for damages. Payment prior to inspection does not constitute acceptance.
Delivery and Inspection. Unless they have been explicitly and in writing declared as binding, redelivery dates for Part(s) that have been Repaired are provisional, non-‐binding and shall serve as general information only. ACS will endeavor to notify Customer in the event that any Part(s) may be redelivered late. Delivery terms, for Part(s) sold or Repaired, are ex-‐works, ACS’s facility in Rio Rancho, New Mexico (incoterms 2010) (where ACS means “Seller” and Customer means “Buyer”) or such other ACS (or its affiliates) facility designated by ACS in writing. Unless otherwise agreed, all Part(s) delivered to Customer will be packed for shipment in accordance with ACS’s standard packing procedures for such Part(s). Customer shall, within two (2) days after receipt of the Part(s) thereof, notify ACS of any nonconformance with the Order and return such non-‐conforming Part(s) to ACS if the Part(s) do not conform to the Order at ACS’s cost. ACS shall then, at its option, be permitted to replace or repair such non-‐conforming Part(s). ACS is authorized to advance the Delivery Date (subject to payment terms contained in Section 2 and Section 5 hereof) or complete performance of any Order, prior to the time set forth in such Order unless agreed otherwise. ACS shall have the right to delivery Part(s) in partial shipments and invoice Customer for such portion that has or will be shipped.
