Common use of Delivery, Inspection and Acceptance Clause in Contracts

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. Unless Time is of the essence in this Contract, and the date specified for delivery or performance is the required delivery date at Buyer’s facility or other specified location (“FOB Destination”), unless otherwise specified, all deliveries shall be in strict accordance with this Agreementstated. If delivery dates set forth in In the Purchase Order cannot be met, Seller shall promptly inform Xxxxx in writing event of any anticipated or actual delay, including but not limited to delays attributed to labor disputes, Seller shall: (i) promptly notify Buyer in writing of the reasons for the delay and the actions being taken to overcome or to minimize the delay. If ; (ii) provide Buyer does not approve alternate delivery dateswith a written recovery schedule; and (iii) if requested by Buyer, Buyer shall have the right to cancel the Purchase Order without further liabilityship via air or other expedited routing, purchase elsewhere, and hold Seller accountable for all direct damages resulting from Seller’s failure to meet the original delivery dates. Upon delivery at no additional cost to Buyer, Seller shall convey clear title to avoid or minimize delay to the Products, free maximum extent possible. Buyer may refuse any Goods or Services and cancel all or any part hereof if Seller fails to deliver all or any part of any lien, encumbrance Goods or security interest. Seller shall suitably xxxx, xxxx and ship perform all or any part of any Services in accordance with its normal procedure and the requirements of each common carrier or any written instructions from Buyerterms specified herein. If Xxxxxx’s deliveries will not meet agreed schedules, Xxxxx may direct Seller shall secure the lowest cost transportation available consistent with the service required unless otherwise instructed by Buyerto expedite such delivery at Seller’s cost. Delivery of any Products shall not be deemed to be complete until actually goods have been received and accepted by Xxxxx. Items delivered in error shall be returned Buyer, notwithstanding delivery to Seller at Seller’s sole expenseany carrier, or until Services have been performed, received, and accepted. All Products Goods supplied and Services performed shall be subject to inspection and test by Buyer, its agents, and its customers prior to acceptance. Buyer and its customer may inspect the Goods or Services at reasonable agreed upon delivery times and places, when practicable during manufacture, and before shipment. In the event Goods or Services are not in accordance with this Contract or fail to meet any specific inspection requirements of Buyer, Buyer may require prompt correction, modifications, repair, replacement, or re-performance thereof at Buyer’s Facility. Inspection option and approval by Xxxxx at Seller’s place of business does not preclude rejection for defect upon discovery by subsequent inspectionsole expense and risk, including all packaging and shipping charges. Any Products properly rejected by If Seller is unable to accomplish the foregoing remedies within the original agreed schedule, then Buyer may procure such Goods or Services from another source and Seller shall be promptly repaired liable for any excess costs. Buyer’s approval of any Seller submittals shall not relieve Seller of its obligations hereunder. Acceptance of any part of the Contract shall not bind Buyer to accept future shipments or replaced at Seller’s expense (includingperformance of services nor deprive it of its right to cancel or return all or any part of the Goods because of failure to conform to the Contract or by reason of defects, without limitationwhether latent or patent, shipping costs incurred or other breach of warranty, or to complete such repair make any claim for damages. Seller shall bear the risk of loss of or replacement)damage to the supplies covered by this Contract until accepted by Xxxxx.

Delivery, Inspection and Acceptance. Unless otherwise 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: (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 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, all deliveries in a proper and suitable manner, consistent with industry practice. 4.3 Seller shall be in strict accordance with this Agreementresponsible for ensuring all inspections and testing of the Goods are properly and adequately performed. If delivery dates set forth The Goods shall be subject to final inspection and acceptance or rejection by the Buyer upon arrival at their destination as specified in the Purchase Order. 4.4 In the event the Goods delivered by the Seller do not conform with the Order canwhether by reason of not be met, Seller shall promptly inform Xxxxx being of the quality or in writing of any anticipated the quantity or actual delaymeasurement stipulated or being unfit for the purpose they are required, 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 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 Purchase Order for rejected Goods, obtain a refund, or require Seller to repair or replace such Goods without further liability, purchase elsewhere, charge 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 interestin a timely manner. 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 liable for all costs incurred by Xxxxx at Seller’s place of business does not preclude rejection for defect upon discovery by subsequent inspection. Any Products properly to return 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)Goods.

Delivery, Inspection and Acceptance. Unless Time is of the essence in this Contract. The date specified for delivery or performance is the required delivery date at Buyer’s facility or other specified location (“FOB Destination”), unless otherwise specified, all deliveries shall be in strict accordance with this Agreementstated. If delivery dates set forth in In the Purchase Order cannot be met, Seller shall promptly inform Xxxxx in writing event of any anticipated or actual delay, including but not limited to delays attributed to labor disputes, Seller shall: (i) promptly notify Buyer in writing of the reasons for the delay and the actions being taken to overcome or to minimize the delay. If ; (ii) provide Buyer does not approve alternate delivery dateswith a written recovery schedule; and (iii) if requested by Buyer, Buyer shall have the right to cancel the Purchase Order without further liabilityship via air or other expedited routing, purchase elsewhere, and hold Seller accountable for all direct damages resulting from Seller’s failure to meet the original delivery dates. Upon delivery at no additional cost to Buyer, Seller shall convey clear title to avoid or minimize delay to the Products, free maximum extent possible. Buyer may refuse any Goods or Services and cancel all or any part hereof if Seller fails to deliver all or any part of any lien, encumbrance Goods or security interest. Seller shall suitably xxxx, xxxx and ship perform all or any part of any Services in accordance with its normal procedure and the requirements of each common carrier or any written instructions from Buyerterms specified herein. If Xxxxxx’s deliveries will not meet agreed schedules, Xxxxx may direct Seller shall secure the lowest cost transportation available consistent with the service required unless otherwise instructed by Buyerto expedite such delivery at Seller’s cost. Delivery of any Products shall not be deemed to be complete until actually goods have been received and accepted by Xxxxx. Items delivered in error shall be returned Buyer, notwithstanding delivery to Seller at Seller’s sole expenseany carrier, or until services have been performed, received, and accepted. All Products Goods supplied and Services performed shall be subject to inspection and test by Buyer, its agents, and its customers prior to acceptance. Buyer and its customer may inspect the Goods or Services at reasonable agreed upon delivery times and places, when practicable during manufacture, and before shipment. In the event Goods or Services are not in accordance with this Contract or fail to meet any specific inspection requirements of Buyer, Buyer may require prompt correction, modifications, repair, replacement, or re-performance thereof at Buyer’s Facility. Inspection option and approval by Xxxxx at Seller’s place of business does not preclude rejection for defect upon discovery by subsequent inspectionsole expense and risk, including all packaging and shipping charges. Any Products properly rejected by If Seller is unable to accomplish the foregoing remedies within the original agreed schedule, then Buyer may procure such Goods or Services from another source and Seller shall be promptly repaired liable for any excess costs. Buyer’s approval of any Seller submittals shall not relieve Seller of its obligations hereunder. Acceptance of any part of the Contract shall not bind Buyer to accept future shipments or replaced at Seller’s expense (includingperformance of services nor deprive it of its right to cancel or return all or any part of the Goods because of failure to conform to the Contract or by reason of defects, without limitationwhether latent or patent, shipping costs incurred or other breach of warranty, or to complete such repair make any claim for damages. Seller shall bear the risk of loss of, or replacement)damage to, the supplies covered by this Contract, until accepted by Xxxxx.

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. If no delivery date is specified in the Purchase Order, Seller shall deliver the Goods within [ten (10)] days of Seller's receipt of the Purchase Order. Upon delivery to Buyer, Seller shall convey clear title to the ProductsGoods, 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 Goods 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 expenseexpense at Buyer’s option. All Products Goods shall be subject to inspection by Buyer upon delivery to Buyer’s Facility. Inspection and approval by Xxxxx Buyer at Seller’s place of business plant does not preclude rejection for defect upon discovery by subsequent inspection. Any Products Goods properly rejected by Buyer shall be promptly repaired or replaced at Seller’s expense (including, without limitation, shipping expense. Any and all reasonable and necessary costs incurred to complete such repair or replacement)by Buyer in connection with the return of Goods rejected by Xxxxx as defective shall be paid by Seller.

Delivery, Inspection and Acceptance. Unless Time is of the essence in this Contract. The date specified for delivery or performance is the required delivery date at Buyer’s facility or other specified location (“FOB Destination”), unless otherwise specified, all deliveries shall be in strict accordance with this Agreementstated. If delivery dates set forth in In the Purchase Order cannot be met, Seller shall promptly inform Xxxxx in writing event of any anticipated or actual delay, including but not limited to delays attributed to labor disputes, Seller shall: (i) promptly notify Buyer in writing of the reasons for the delay and the actions being taken to overcome or to minimize the delay. If ; (ii) provide Buyer does not approve alternate delivery dateswith a written recovery schedule; and (iii) if requested by Buyer, Buyer shall have the right to cancel the Purchase Order without further liabilityship via air or other expedited routing, purchase elsewhere, and hold Seller accountable for all direct damages resulting from Seller’s failure to meet the original delivery dates. Upon delivery at no additional cost to Buyer, Seller shall convey clear title to avoid or minimize delay to the Products, free maximum extent possible. Buyer may refuse any Goods or Services and cancel all or any part hereof if Seller fails to deliver all or any part of any lien, encumbrance Goods or security interest. Seller shall suitably xxxx, xxxx and ship perform all or any part of any Services in accordance with its normal procedure and the requirements of each common carrier or any written instructions from Buyerterms specified herein. If Xxxxxx’s deliveries will not meet agreed schedules, Xxxxx may direct Seller shall secure the lowest cost transportation available consistent with the service required unless otherwise instructed by Buyerto expedite such delivery at Seller’s cost. Delivery of any Products shall not be deemed to be complete until actually goods have been received and accepted by Xxxxx. Items delivered in error shall be returned Buyer, notwithstanding delivery to Seller at Seller’s sole expenseany carrier, or until services have been performed, received, and accepted. All Products Goods supplied and Services performed shall be subject to inspection and test by Buyer, its agents, and its customers prior to acceptance. Buyer and its customer may inspect the Goods or Services at reasonable agreed upon delivery times and places, when practicable during manufacture, and before shipment. In the event Goods or Services are not in accordance with this Contract or fail to meet any specific REV A (9/2022) inspection requirements of Buyer, Buyer may require prompt correction, modifications, repair, replacement, or re-performance thereof at Buyer’s Facility. Inspection option and approval by Xxxxx at Seller’s place of business does not preclude rejection for defect upon discovery by subsequent inspectionsole expense and risk, including all packaging and shipping charges. Any Products properly rejected by If Seller is unable to accomplish the foregoing remedies within the original agreed schedule, then Buyer may procure such Goods or Services from another source and Seller shall be promptly repaired liable for any excess costs. Buyer’s approval of any Seller submittals shall not relieve Seller of its obligations hereunder. Acceptance of any part of the Contract shall not bind Buyer to accept future shipments or replaced at Seller’s expense (includingperformance of services nor deprive it of its right to cancel or return all or any part of the Goods because of failure to conform to the Contract or by reason of defects, without limitationwhether latent or patent, shipping costs incurred or other breach of warranty, or to complete such repair make any claim for damages. Seller shall bear the risk of loss of, or replacement)damage to, the supplies covered by this Contract, until accepted by Xxxxx.

Delivery, Inspection and Acceptance. Unless Time is of the essence in this Contract. The date specified for delivery or performance is the required delivery date at Buyer's facility or other specified location (“FOB Destination”), unless otherwise specified, all deliveries shall be in strict accordance with this Agreementstated. If delivery dates set forth in In the Purchase Order cannot be met, Seller shall promptly inform Xxxxx in writing event of any anticipated or actual delay, including but not limited to delays attributed to labor disputes, Seller shall: (i) promptly notify Buyer in writing of the reasons for the delay and the actions being taken to overcome or to minimize the delay. If ; (ii) provide Buyer does not approve alternate delivery dateswith a written recovery schedule; and (iii) if requested by Buyer, Buyer shall have the right to cancel the Purchase Order without further liabilityship via air or other expedited routing, purchase elsewhere, and hold Seller accountable for all direct damages resulting from Seller’s failure to meet the original delivery dates. Upon delivery at no additional cost to Buyer, Seller shall convey clear title to avoid or minimize delay to the Products, free maximum extent possible. Buyer may refuse any Goods or Services and cancel all or any part hereof if Seller fails to deliver all or any part of any lien, encumbrance Goods or security interest. Seller shall suitably xxxx, xxxx and ship perform all or any part of any Services in accordance with its normal procedure and the requirements of each common carrier or any written instructions from Buyerterms specified herein. If Xxxxxx's deliveries will not meet agreed schedules, Xxxxx may direct Seller shall secure the lowest cost transportation available consistent with the service required unless otherwise instructed by Buyerto expedite such delivery at Seller’s cost. Delivery of any Products shall not be deemed to be complete until actually goods have been received and accepted by Xxxxx. Items delivered in error shall be returned Buyer, notwithstanding delivery to Seller at Seller’s sole expenseany carrier, or until services have been performed, received, and accepted. All Products Goods supplied and Services performed shall be subject to inspection and test by Buyer, its agents and its customers prior to acceptance. Buyer and its customer may inspect the Goods or Services at reasonable agreed upon delivery times and places, when practicable during manufacture, and before shipment. In the event Goods or Services are not in accordance with this Contract or fail to meet any specific inspection requirements of Buyer, Buyer may require prompt correction, modifications, repair, replacement, or re-performance thereof at Buyer’s Facilityoption and Seller's sole expense and risk, including all packaging and shipping charges. Inspection If Seller is unable to accomplish the foregoing remedies within the original agreed schedule, then Buyer may procure such Goods or Services from another source 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 Seller shall be promptly repaired liable for any excess costs. Buyer's approval of any Seller submittals shall not relieve Seller of its obligations hereunder. Acceptance of any part of the Contract shall not bind Buyer to accept future shipments or replaced at Seller’s expense (includingperformance of services nor deprive it of its right to cancel or return all or any part of the Goods because of failure to conform to the Contract or by reason of defects, without limitationwhether latent or patent, shipping costs incurred or other breach of warranty, or to complete such repair make any claim for damages. Seller shall bear the risk of loss of, or replacement)damage to, the supplies covered by this Contract, until accepted by Xxxxx.

Delivery, Inspection and Acceptance. Unless Time is of the essence in this Contract. The date specified for delivery or performance is the required delivery date at Buyer's facility or other specified location (“FOB Destination”), unless otherwise specified, all deliveries shall be in strict accordance with this Agreementstated. If delivery dates set forth in In the Purchase Order cannot be met, Seller shall promptly inform Xxxxx in writing event of any anticipated or actual delay, including but not limited to delays attributed to labor disputes, Seller shall: (i) promptly notify Buyer in writing of the reasons for the delay and the actions being taken to overcome or to minimize the delay. If ; (ii) provide Buyer does not approve alternate delivery dateswith a written recovery schedule; and (iii) if requested by Buyer, Buyer shall have the right to cancel the Purchase Order without further liabilityship via air or other expedited routing, purchase elsewhere, and hold Seller accountable for all direct damages resulting from Seller’s failure to meet the original delivery dates. Upon delivery at no additional cost to Buyer, Seller shall convey clear title to avoid or minimize delay to the Products, free maximum extent possible. Buyer may refuse any Goods or Services and cancel all or any part hereof if Seller fails to deliver all or any part of any lien, encumbrance Goods or security interest. Seller shall suitably xxxx, xxxx and ship perform all or any part of any Services in accordance with its normal procedure and the requirements of each common carrier or any written instructions from Buyerterms specified herein. If Xxxxxx's deliveries will not meet agreed schedules, Xxxxx may direct Seller shall secure the lowest cost transportation available consistent with the service required unless otherwise instructed by Buyerto expedite such delivery at Seller’s cost. Delivery of any Products shall not be deemed to be complete until actually goods have been received and accepted by Xxxxx. Items delivered in error shall be returned Buyer, notwithstanding delivery to Seller at Seller’s sole expenseany carrier, or until services have been performed, received, and accepted. All Products Goods supplied, and Services performed shall be subject to inspection and test by Buyer, its agents, and its customers prior to acceptance. Buyer and its customer may inspect the Goods or Services at reasonable agreed upon delivery times and places, when practicable during manufacture, and before shipment. In the event Goods or Services are not in accordance with this Contract or fail to meet any specific inspection requirements of Buyer, Buyer may require prompt correction, modifications, repair, replacement, or re-performance thereof at Buyer’s Facility. Inspection option and approval by Xxxxx at Seller’s place of business does not preclude rejection for defect upon discovery by subsequent inspectionsole expense and risk, including all packaging and shipping charges. Any Products properly rejected by If Seller is unable to accomplish the foregoing remedies within the original agreed schedule, then Buyer may procure such Goods or Services from another source and Seller shall be promptly repaired liable for any excess costs. Buyer’s approval of any Seller submittals shall not relieve Seller of its obligations hereunder. Acceptance of any part of the Contract shall not bind Buyer to accept future shipments or replaced at Seller’s expense (includingperformance of services nor deprive it of its right to cancel or return all or any part of the Goods because of failure to conform to the Contract or by reason of defects, without limitationwhether latent or patent, shipping costs incurred or other breach of warranty, or to complete such repair make any claim for damages. Seller shall bear the risk of loss of, or replacement)damage to, the supplies covered by this Contract, until accepted by Xxxxx.

Delivery, Inspection and Acceptance. Unless Time is of the essence in this Contract. The date specified for delivery or performance is the required delivery date at Buyer’s facility or other specified location (“FOB Destination”), unless otherwise specified, all deliveries shall be in strict accordance with this Agreementstated. If delivery dates set forth in In the Purchase Order cannot be met, Seller shall promptly inform Xxxxx in writing event of any anticipated or actual delay, including but not limited to delays attributed to labor disputes, Seller shall: (i) promptly notify Buyer in writing of the reasons for the delay and the actions being taken to overcome or to minimize the delay. If ; (ii) provide Buyer does not approve alternate delivery dateswith a written recovery schedule; and (iii) if requested by Buyer, Buyer shall have the right to cancel the Purchase Order without further liabilityship via air or other expedited routing, purchase elsewhere, and hold Seller accountable for all direct damages resulting from Seller’s failure to meet the original delivery dates. Upon delivery at no additional cost to Buyer, Seller shall convey clear title to avoid or minimize delay to the Products, free maximum extent possible. Buyer may refuse any Goods or Services and cancel all or any part hereof if Seller fails to deliver all or any part of any lien, encumbrance Goods or security interest. Seller shall suitably xxxx, xxxx and ship perform all or any part of any Services in accordance with its normal procedure and the requirements of each common carrier or any written instructions from Buyerterms specified herein. If Xxxxxx’s deliveries will not meet agreed schedules, Xxxxx may direct Seller shall secure the lowest cost transportation available consistent with the service required unless otherwise instructed by Buyerto expedite such delivery at Seller’s cost. Delivery of any Products shall not be deemed to be complete until actually goods have been received and accepted by Xxxxx. Items delivered in error shall be returned Buyer, notwithstanding delivery to Seller at Seller’s sole expenseany carrier, or until services have been performed, received, and accepted. All Products Goods supplied and Services performed shall be subject to inspection and test by Buyer, its agents and its customers prior to acceptance. Buyer and its customer may inspect the Goods or Services at reasonable agreed upon delivery times and places, when practicable during manufacture, and before shipment. In the event Goods or Services are not in accordance with this Contract or fail to meet any specific inspection requirements of Buyer, Buyer may require prompt correction, modifications, repair, replacement, or re-performance thereof at Buyer’s Facility. Inspection option and approval by Xxxxx at Seller’s place of business does not preclude rejection for defect upon discovery by subsequent inspectionsole expense and risk, including all packaging and shipping charges. Any Products properly rejected by If Seller is unable to accomplish the foregoing remedies within the original agreed schedule, then Buyer may procure such Goods or Services from another source and Seller shall be promptly repaired liable for any excess costs. Buyer’s approval of any Seller submittals shall not relieve Seller of its obligations hereunder. Acceptance of any part of the Contract shall not bind Buyer to accept future shipments or replaced at Seller’s expense (includingperformance of services nor deprive it of its right to cancel or return all or any part of the Goods because of failure to conform to the Contract or by reason of defects, without limitationwhether latent or patent, shipping costs incurred or other breach of warranty, or to complete such repair make any claim for damages. Seller shall bear the risk of loss of, or replacement)damage to, the supplies covered by this Contract, until accepted by Xxxxx.

Delivery, Inspection and Acceptance. Unless otherwise specified, all deliveries (including completion of any Services) 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. All deliveries shall be packed and preserved for outdoor shipping and storage, unless otherwise directed by Xxxxx in writing. 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).at

Delivery, Inspection and Acceptance. Unless otherwise specified, all deliveries (including completion of any Services) 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. All deliveries shall be packed and preserved for outdoor shipping and storage, unless otherwise directed by Xxxxx in writing. 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).upon

Delivery, Inspection and Acceptance. Unless Time is of the essence in this Contract. The date specified for delivery or performance is the required delivery date at Buyer's facility or other specified location (“FOB Destination”), unless otherwise specified, all deliveries shall be in strict accordance with this Agreementstated. If delivery dates set forth in In the Purchase Order cannot be met, Seller shall promptly inform Xxxxx in writing event of any anticipated or actual delay, including but not limited to delays attributed to labor disputes, Seller shall: (i) promptly notify Buyer in writing of the reasons for the delay and the actions being taken to overcome or to minimize the delay. If ; (ii) provide Buyer does not approve alternate delivery dateswith a written recovery schedule; and (iii) if requested by Buyer, Buyer shall have the right to cancel the Purchase Order without further liabilityship via air or other expedited routing, purchase elsewhere, and hold Seller accountable for all direct damages resulting from Seller’s failure to meet the original delivery dates. Upon delivery at no additional cost to Buyer, Seller shall convey clear title to avoid or minimize delay to the Products, free maximum extent possible. Buyer may refuse any Goods or Services and cancel all or any part hereof if Seller fails to deliver all or any part of any lien, encumbrance Goods or security interest. Seller shall suitably xxxx, xxxx and ship perform all or any part of any Services in accordance with its normal procedure and the requirements of each common carrier or any written instructions from Buyerterms specified herein. If Xxxxxx's deliveries will not meet agreed schedules, Xxxxx may direct Seller shall secure the lowest cost transportation available consistent with the service required unless otherwise instructed by Buyerto expedite such delivery at Seller’s cost. Delivery of any Products shall not be deemed to be complete until actually goods have been received and accepted by Xxxxx. Items delivered in error shall be returned Buyer, notwithstanding delivery to Seller at Seller’s sole expenseany carrier, or until services have been performed, received, and accepted. All Products Goods supplied, and Services performed shall be subject to inspection and test by Buyer, its agents and its customers prior to acceptance. Buyer and its customer may inspect the Goods or Services at reasonable agreed upon delivery times and places, when practicable during manufacture, and before shipment. In the event Goods or Services are not in accordance with this Contract or fail to meet any specific inspection requirements of Buyer, Buyer may require prompt correction, modifications, repair, replacement, or re-performance thereof at Buyer’s Facilityoption and Seller's sole expense and risk, including all packaging and shipping charges. Inspection If Seller is unable to accomplish the foregoing remedies within the original agreed schedule, then Buyer may procure such Goods or Services from another source 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 Seller shall be promptly repaired liable for any excess costs. Buyer's approval of any Seller submittals shall not relieve Seller of its obligations hereunder. Acceptance of any part of the Contract shall not bind Buyer to accept future shipments or replaced at Seller’s expense (includingperformance of services nor deprive it of its right to cancel or return all or any part of the Goods because of failure to conform to the Contract or by reason of defects, without limitationwhether latent or patent, shipping costs incurred or other breach of warranty, or to complete such repair make any claim for damages. Seller shall bear the risk of loss of, or replacement)damage to, the supplies covered by this Contract, until accepted by Xxxxx.