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 22.5 to 23.5 months of the Effective Date of this Agreement, F.O.B. Xxxxxx'x plant, Appleton, Wisconsin. 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. 5.1 Title to and all risk of loss or damage with regard to the Products will pass to Purchaser upon delivery by Supplier to the carrier designated by, for or on behalf of Purchaser in its Orders or otherwise.
5.2 Supplier agrees to deliver to the carrier designated by Purchaser all Products by the delivery dates designated by Purchaser in its Orders duly accepted by the Supplier. Purchaser’s remedies for delay in delivery will include the recovery of Purchaser’s reasonable out-of-pocket expenses and (upon notice in writing as soon as practicable to Supplier of such purchase) the difference in the reasonable cost to Purchaser of any Products purchased from another manufacturer (where applicable) to cover the delay, as compared to Supplier’s price.
5.3 Subject to paragraph 5.4 below, Purchaser will have the right to refuse to accept or to reject any Products at any time should the Products fail to meet applicable specifications or are otherwise defective or faulty at the time title passes to Purchaser. If it is proved that the Supplier is in default of its obligations in relation to the quality of the Products pursuant to an Order, Supplier will be responsible for reimbursement to Purchaser for any reasonable costs incurred in inspecting, processing, scrapping, handling, and transporting defective or faulty Products.
5.4 The Purchaser shall, without prejudice to the other rights and remedies of the Purchaser, be entitled, within three months from the date of receipt of the Products in the United States of America and Canada (but not otherwise save as otherwise expressly provided herein), by notice in writing to the Supplier reject all, or any part, of the Products that are the subject matter of any Order in any one or more of the following events: (1) all or any of the Products are not fit for their respective purposes (if any) made known to the Supplier in writing, (2) all or any of the Products do not comply with applicable specifications; (3) all or any of the Products are not of merchantable quality; and (4) all or any of the Products do not correspond in all material respects with any and all samples or do not correspond with the descriptions contained in such Order, or both.
Delivery, Inspection and Acceptance. For Equipment held by MidCon for CMO that is RTS, MidCon shall ship such Equipment to Gatherer’s site by no later than 14 days after the date on which the Equipment was requested by CMO. No later than 7 days after delivery of the Equipment to Gatherer’s site, CMO shall cause Gatherer to inspect the Equipment. Unless CMO provides Notice to MidCon within such 7-day period of any defects or deficiencies in such Equipment, Gatherer shall be presumed to have accepted the Equipment in its then present condition. If within such 7-day period, CMO provides Notice to MidCon of the unacceptability of the Equipment, MidCon shall correct such defects as soon as commercially practicable but no later than 14 days after the date of CMO’s Notice or MidCon will retrieve and remove the Equipment by such date, at its cost, and CMO shall have no payment obligations hereunder with respect to such Equipment. Upon delivery of any Equipment, Gatherer shall thereupon assume the care, operation, supervision, and control of the Equipment for operation pursuant to the terms of this Agreement. Any acceptance by Gatherer of any Equipment shall not relieve MidCon of its obligations hereunder in respect of such Equipment.
