Equipment Quality Warranty and Determination Sample Clauses

Equipment Quality Warranty and Determination. Supplier represents and warrants to Customer that all Equipment delivered to Customer under this Agreement will meet the Specification stated in Appendix #1 to the Agreement commencing on Delivery to Customer. The final inspection of the Equipment will take place by Customer within sixty (60) calendar days after the Delivery of the Equipment. 4.5.3. If the Delivered Equipment does not meet the Specification stated in Appendix #1 to the Agreement: (1) Customer shall notify Supplier of non-compliance of the Equipment with the Specification stated in Appendix #1 to the Agreement, (2) Supplier shall have the right to undertake its own inspection within ten (10) Business days from the date after Supplier received Customer’s notification. Customer shall make available for inspection by Supplier the entire quantity of the Equipment in respect of which it has brought a quality complaint, (3) If the results of Supplier’s inspection establish that the quality of the Equipment is in accordance with the Specification the Parties will request any of the third party inspector identified in Appendix #1 to conduct control inspection of the Shipment of the Equipment. The results obtained by any of the third party inspector identified in Appendix #1 will be binding as to quality in the absence of fraud or manifest error. If the inspection results confirm deviation of the quality of the Equipments from the Equipment Specification set out in Appendix #1, (i) Customer will have the right to reject Delivery of the Equipment and (ii) Supplier shall be liable for the cost of inspection. Any time taken to inspect the Equipment by any of the third party inspector identified in Appendix #1 will count as delay for the purposes of calculating liquidated damages in case the inspection results confirm deviation of the quality of the Equipments from the Equipment Specification set out in Appendix #1. 4.5.4. In the event that Delivery of the Equipment is rejected by Customer in accordance with Section 4.5.3., Supplier shall replace the off-specification Equipment. Any delay in Delivery of the Equipment beyond the Delivery Date occasioned thereby shall be dealt with in accordance with Section 4.3. 4.5.5. The quantity of Equipment recorded in the carrier’s certificate, receipt issued by the carrier or any other transportation document issued by the Customer’s carrier shall, in the absence of error or fraud, be final and irrebuttable evidence of the actual quantity of the Equipment delivered...
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Related to Equipment Quality Warranty and Determination

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