Improper Performance and Disputes. In addition to other remedies provided by law, Xxxxx reserves the right to reject any goods or to revoke any previous acceptance and to cancel all or any part of the Purchase Order if Supplier fails to deliver all or any part of the goods or perform any of the work in accordance with the terms and conditions of this Purchase Order. Acceptance of any part of the Purchase Order shall not bind the Buyer to accept any future shipments or work, nor deprive it of the right to return goods already accepted. At Buyer's option, if Buyer so elects in its sole discretion with regard to any particular dispute, any dispute arising in connection with this Purchase Order shall be resolved by arbitration in the state of Wisconsin.
Improper Performance and Disputes. In addition to other remedies provided by law, ENTHALPY reserves the right to reject any GOODS or to revoke any previous acceptance and to cancel all or any part of the PO if SUPPLIER fails to deliver all or any part of the GOODS or perform any of the SERVICES in accordance with the terms and conditions of the AGREEMENT and PO. Acceptance of any part of the PO shall not bind the ENTHALPY to accept any future GOODS or SERVICES, nor deprive it of the right to return GOODS already accepted. At ENTHALPY's option, if ENTHALPY so elects in its sole discretion with regard to any particular dispute, any dispute arising in connection with a PO shall be resolved by good faith negotiation, mediation and/or arbitration in the State of North Carolina (NC) in accordance with the rules of the American Arbitration Association; and all disputes shall otherwise be resolved in and only in a court in NC as the exclusive judicial forum. ENTHALPY AND SUPPLIER WAIVE THEIR RIGHT TO A JURY TRIAL WITH REGARD TO ANY DISPUTE ARISING IN CONNECTION WITH THE PO.
Improper Performance and Disputes. In addition to other remedies provided by law, Xxxxx reserves the right to reject any goods or to revoke any previous acceptance and to cancel all or any part of the Purchase Order if Supplier fails to deliver all or any part of the goods or perform any of the work in accordance with the terms and conditions of this Purchase Order. Acceptance of any part of the Purchase Order shall not bind the Buyer to accept any future shipments or work, nor deprive it of the right to return goods already accepted. At Buyer's option, if Buyer so elects in its sole discretion with regard to any particular dispute, any dispute arising in connection with this Purchase Order shall be resolved by arbitration in Fall River, MA in accordance with the rules of the American Arbitration Association; and all disputes shall otherwise be resolved in and only in the appropriate courts in Massachusetts as the exclusive judicial forum. XXXXX AND SELLER WAIVE THEIR RIGHT TO A JURY TRIAL WITH REGARD TO ANY DISPUTE ARISING IN CONNECTION WITH THIS PURCHASE ORDER.
Improper Performance and Disputes. 5.1. In addition to other remedies provided by law, Xxxxx reserves the right to reject any goods or to revoke any previous acceptance and to cancel all or any part of the Purchase Order if Supplier fails to deliver all or any part of the goods or perform any of the work in accordance with the terms and conditions of this Purchase Order. Acceptance of any part of the Purchase Order will not bind the Buyer to accept any future shipments or work, nor deprive it of the right to return goods already accepted. At Buyer's option, if Buyer so elects in its sole discretion with regard to any particular dispute, any dispute arising in connection with this Purchase Order will be resolved by arbitration in Ocean City, MD in accordance with the rules of the American Arbitration Association; and all disputes will otherwise be resolved in and only in the Worcester County, MD as the exclusive judicial forum.
Improper Performance and Disputes. Supplier will use commercially reasonable efforts to provide all services and deliverables in material conformance with the specifications and schedule agreed upon with Customer. Customer may inspect services performed by Supplier and/or its subcontractors while in progress or when completed, when such services are performed on Customer's premises. Supplier shall notify Customer when, in its opinion, the services or any portion thereof are complete. Customer may inspect deliverables and notify Supplier in writing if the deliverables, or any part thereof, do not conform to the specifications agreed to by the parties in writing. Supplier shall correct any non- conforming services or deliverables in an expeditious manner at its own expense. In addition to other remedies provided by law, Customer reserves the right to reject any goods or to revoke any previous acceptance and to cancel all or any part of a particular Purchase Order Form if Supplier fails to deliver all or any part of the goods or perform any of the work in accordance with the terms and conditions of this Agreement and respective Purchase Order Form. Acceptance of any part of the Purchase Order Form shall not bind the Customer to accept any future shipments or work, nor deprive it of the right to return goods already accepted. At Customer's option, if Customer so elects in its sole discretion with regard to any particular dispute, any dispute arising in connection with this Agreement shall be resolved by arbitration in Philadelphia, PA in accordance with the rules of the American Arbitration Association; and all disputes shall otherwise be resolved in and only in the Court of Common Pleas of Philadelphia County, PA as the exclusive judicial forum. CUSTOMER AND SELLER WAIVE THEIR RIGHT TO A JURY TRIAL WITH REGARD TO ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT.
