Delivery, Inspection and Acceptance. Unless otherwise specified, all deliveries shall be in strict accordance with this Agreement. If delivery dates set forth in the Purchase Order cannot be met, Seller shall promptly inform Xxxxx in writing of any anticipated or actual delay, the reasons for the delay and the actions being taken to overcome or to minimize the delay. If Buyer does not approve alternate delivery dates, Buyer shall have the right to cancel the Purchase Order without further liability, purchase elsewhere, and hold Seller accountable for all direct damages resulting from Seller’s failure to meet the original delivery dates. Upon delivery to Buyer, Seller shall convey clear title to the Products, free of any lien, encumbrance or security interest. Seller shall suitably xxxx, xxxx and ship in accordance with its normal procedure and the requirements of each common carrier or any written instructions from Buyer. Seller shall secure the lowest cost transportation available consistent with the service required unless otherwise instructed by Buyer. Delivery of any Products shall not be deemed to be complete until actually received and accepted by Xxxxx. Items delivered in error shall be returned to Seller at Seller’s sole expense. All Products shall be subject to inspection by Buyer upon delivery to Buyer’s Facility. Inspection and approval by Xxxxx at Seller’s place of business does not preclude rejection for defect upon discovery by subsequent inspection. Any Products properly rejected by Buyer shall be promptly repaired or replaced at Seller’s expense (including, without limitation, shipping costs incurred to complete such repair or replacement).
Delivery, Inspection and Acceptance. A. Delivery does not constitute acceptance for the purpose of payment or warranty start time. The City shall inspect all Vehicles or Services to determine whether such Vehicles or Services meet all specifications and requirements set forth in the Agreement Documents. The City agrees to notify the Vendor within three (3) days of delivery or completion of Services if the Vehicles or Services do not meet all specifications and requirements for acceptance.
B. The Vendor shall deliver the Vehicles or Services in accordance with the terms and time frame listed on the quote. Should there be an issue with delivering the Vehicles or Services in the time frame listed on the quote, the Vendor and City agree to discuss, and confirm in writing, a mutually acceptable time frame. In the event delivery of the Vehicles or Services is delayed past the agreed upon time frame, the Vendor agrees the City has the right to cancel the order and obtain the Vehicles or Services elsewhere without penalty to the City.
C. The Vendor shall deliver all Vehicles or Services FOB to: City of Tallahassee- Fleet Management 000 Xxxxxx Xxxxxx Tallahassee, Florida 32304 Equipment shall be delivered with the following documents completed or included:
a. Any and all applicable documentation required by the Florida Department of Highway Safety and Motor Vehicles;
b. Temporary registration and tag (when applicable);
c. All manuals (electronic & paper Copy);
d. All warranty certifications;
Delivery, Inspection and Acceptance. 2.1 ITI shall deliver Brother the following items relating to the Software within fifteen (15)) days after the execution of this Agreement.
(1) Straging Media contains 3D FAX and users documentations
2.2 Brother shall have fifteen (15) days after receipt of such items to either accept or reject the items. Brother's failure to notify ITI in writing within such period will be deemed to be acceptance by Brother. If Brother elects to reject the items delivered by ITI, Brother shall give ITI within such period a written notice with the reasons for rejecting in sufficient detail to assist ITI in correcting such rejected items. ITI shall make correction of the rejected items and deliver a corrected one to Brother within fifteen (15) days after ITI's receipt of rejection notice from Brother.
Delivery, Inspection and Acceptance. The Shipowner hereby appoints the Charterer as the authorized agent of the Shipowner to inspect and accept delivery of the Vessels from Seller hereunder and under the Demise Charter for all purposes thereof. The Charterer shall cause one or more authorized representatives of the Charterer to inspect each Vessel upon delivery thereof to the Charterer and, if such Vessel is found to be in good order, to accept such Vessel as aforesaid; provided, however, that the Charterer shall not be authorized to accept any Vessel on behalf of the Shipowner unless the conditions precedent set forth in Sections 3.1 and 3.2 shall have been satisfied at or prior to such acceptance. Acceptance by the Charterer of the Vessels in accordance with this Agreement shall, without further act, constitute (a) delivery by the Shipowner to the Charterer of the Vessels under the Demise Charter, and (b) irrevocable acceptance by the Charterer of the Vessels for charter to the Charterer under, and otherwise for all purposes of, the Demise Charter. If any Vessel is found by the Charterer not to be in good order, the Charterer shall not accept any of the Vessels on behalf of the Shipowner under and in accordance with the terms hereof.
Delivery, Inspection and Acceptance. (a) Delivery. Delivery of the Product is scheduled to be within 49.5 – 52.5 months of the Effective Date of this Agreement, F.O.B. Xxxxxx Manufacturing, Appleton, WI 54912, Risk of loss shall pass to Customer upon Delivery.
Delivery, Inspection and Acceptance. A.7.1. Unless otherwise specified in the awarding documents, all deliveries shall be F.O.B.
Delivery, Inspection and Acceptance. (a) Delivery. Delivery of the Product is scheduled to be within approximately
Delivery, Inspection and Acceptance. Goods shall be delivered in accordance with the applicable Incoterm (“Delivery”). Buyer shall examine all Goods upon Delivery and prior to use or installation. All claims for damage, shortage, and errors in shipment or improper Delivery must be made to Seller in writing within two (2) business days of Delivery, after which Buyer will be deemed to have accepted the Goods and will have no right to reject the Goods or to revoke acceptance.
Delivery, Inspection and Acceptance. 4.1 Time is of the essence for the Order. The time stipulated for delivery of the Goods shall be strictly adhered to. If the Goods are not delivered on time, or do not comply with the undertakings set out in clause 2, then without limiting any of its other rights or remedies, and whether it has accepted the Goods, the Buyer may exercise any one or more of the following remedies:
(a) cancel the Order without any penalty to the Buyer.
(b) to reject the Goods (in whole or in part) and return the Goods to the Seller at the Seller's own expense.
(c) to require the Seller to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods (if paid).
(d) claim damages for any additional costs incurred by the Buyer which are attributable to The Seller's failure to deliver the Goods on the due date.
4.2 The Seller must collect rejected Goods within a reasonable period after notification of rejection. All Goods must be packed, marked and transported as specified in the Order, and if not specified, in a proper and suitable manner, consistent with industry practice.
4.3 Seller shall be responsible for ensuring all inspections and testing of the Goods are properly and adequately performed. The Goods shall be subject to final inspection and acceptance or rejection by the Buyer upon arrival at their destination as specified in the Order.
4.4 Any maintenance services shall be subject to written acceptance by the Buyer at its sole discretion. Any maintenance services not accepted by the Buyer should be rectified by the Seller at no additional cost within 14 calendar days of notification by the Buyer of the matter.
4.5 In the event the Goods delivered by the Seller do not conform with the Order whether by reason of not being of the quality or in the quantity or measurement stipulated or being unfit for the purpose they are required, the Buyer shall have the right to reject such goods within a reasonable time of their delivery and inspection and to purchase the Goods elsewhere and to claim for any additional expense incurred without prejudice to any other right which Buyer may have against Seller. As provided in 4 above, any prior payments made by Buyer shall not prejudice the Buyer's right of rejection. Acceptance of any part of the Order shall not bind Buyer to accept future shipments of non-conforming Goods, nor deprive it of the right to return non-conforming Goods. At Buyer's option, it may cancel the Order for rejected Goods, obtain ...
Delivery, Inspection and Acceptance. 5.1 Micross’s production, marketing, and delivery schedules are established in reliance upon the MC-CTR-005 Micross US Procurement Terms and Conditions 1.9.23 1 of 30 dates for performance specified in this Agreement. Time is therefore of the essence. Early shipments will not be accepted without prior authorization from Micross. If prior authorization is not received, early shipments may be returned at Seller’s expense.
5.2 Title to any goods covered by this Order shall pass to Micross upon final inspection and acceptance, regardless of when or where Micross takes physical possession. Risk of loss or damage to articles shall remain with the Seller until:
5.2.1 Delivery of the Products or Services to an authorized carrier, if delivery is F.O.B. Origin; or
5.2.2 Final acceptance by Micross or receipt of Products or Services by Micross at the destination specified in the Order, whichever is later, if transportation is F.O.B. Destination.
5.2.3 Notwithstanding the above, the risk of loss or damage to Products or Services that fail to conform to the Agreement shall remain with the Seller until cure or final acceptance.
5.3 Unless otherwise specified, all Products shall be packed in accordance with good commercial practice. A complete packing list shall be enclosed with all shipments. Seller shall mark containers or packages with necessary lifting, loading, and shipping information, including the Order or Agreement number, item number or other identifier, dates of shipment, and the names and addresses of consignor and consignee. Bills of lading shall include this Agreement or Order number.
5.4 All Products and Services may be inspected and tested, at all reasonable times and places, by Micross, its customers, higher-tier contractors, and the U.S. Government. Seller shall provide, without additional charge, all reasonable facilities and assistance for such inspections and tests. Payment for Products or Services prior to inspection shall not constitute an acceptance thereof, and if Products or Services are rejected after inspection, any such prepayment will be promptly refunded. All of Seller’s records relating to the Products or Services shall be available to Micross during the performance of this Agreement, and for such longer periods as may be specified by Micross, but in all events no less than four (4) years. In no event shall any inspection relieve Seller of its obligations to furnish and warrant all Products and Services in accordance with the requirements ...
