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.
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. 2.1 ITI shall deliver Brother the following items relating to the Software within fifteen (15) days after the execution of this Agreement.
Delivery, Inspection and Acceptance. The Initial Owner Participant and Shipowner each hereby appoints each of the Charterers as the authorized agent of the Initial Owner Participant and Shipowner to inspect and accept delivery of the applicable Vessels by Initial Owner Participant from Sellers and by Shipowner from Initial Owner Participant, respectively, hereunder and under the Demise Charters for all purposes thereof. The Charterers shall cause one or more authorized representatives of the Charterers to inspect each Vessel upon delivery thereof to the Charterers and, if such Vessel is found to be in good order, to accept such Vessel as aforesaid; provided, however, that the Charterers shall not be authorized to accept any Vessel on behalf of the Initial Owner Participant and/or 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 each of the Charterers of the applicable Vessels in accordance with this Agreement shall, without further act, constitute (a) delivery by the Shipowner to each Charterer of the applicable Vessels under the applicable Demise Charter, and (b) irrevocable acceptance by each Charterer of the applicable Vessels for charter to such Charterer under, and otherwise for all purposes of, the applicable Demise Charter. If any Vessel is found by the Charterers not to be in good order, the Charterers shall not accept such Vessel on behalf of the Initial Owner Participant or the Shipowner under and in accordance with the terms hereof.
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. SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**).
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 or not it has accepted the Goods, the Buyer may exercise any one or more of the following remedies:
Delivery, Inspection and Acceptance. A.17.1. Unless otherwise specified in the solicitation or awarding documents, all deliveries shall be F.O.B.
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. (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.
