INSPECTION, ACCEPTANCE, REJECTION. The Work is subject to inspection and approval at Buyer’s designated destination. Buyer will have a reasonable amount of time to complete such inspection, but in no event less than thirty (30) days. Buyer reserves the right to reject and refuse acceptance of any of the Work that is not in accordance with Xxxxx’s instructions, specifications, drawings, and data or Seller’s warranties (express and implied), or otherwise unsatisfactory to Buyer in its reasonable discretion. If Buyer rejects any of the Work, at Buyer’s sole option, (a) Buyer may cancel the applicable Purchase Order without charge or expense to Buyer, Seller shall reimburse Buyer for any amounts paid by Xxxxx on account of the purchase price of such rejected Work, and Seller shall immediately reimburse Buyer for any damages incurred by Buyer in connection with Seller’s provision of such defective Work, or (b) Seller shall immediately replace all rejected goods at no extra cost to Buyer, re-perform any rejected services in a manner acceptable to Xxxxx, and reimburse Buyer for any damages incurred by Buyer in connection with Seller’s provision of such defective Work. Seller acknowledges that payment by Xxxxx will not constitute acceptance of the Work nor impair Xxxxx’s right to inspect the Work or invoke any of its remedies provided hereunder. Seller will bear all risk of loss and will be responsible for any and all loss or damage to the Work until Xxxxx’s acceptance of the Work, at which point title to the Work will pass to Buyer. Buyer may inspect during regular business hours Seller’s facilities where the Work is made or performed.
INSPECTION, ACCEPTANCE, REJECTION. Buyer may inspect the goods during any stage of their manufacture, construction, preparation, delivery or completion. Buyer shall have the right to enter onto Seller’s premises at reasonable times to verify that the materials covered by this order conform to all specified requirements and Seller agrees to provide any and all supporting documentation required by Buyer or Xxxxx’s customers in the course of such investigation. At Buyer's request, Seller shall submit production and quality test reports and related data. Notwithstanding payment or prior inspection, if any of the goods and/or services are found to be defective in material or workmanship or otherwise not in conformity with the requirements of this Agreement, in addition to any other remedies that it may have, Buyer may correct or have corrected the non-conformity at Seller's expense or reject and return the goods and discontinue the services at Seller's expense, at Buyer’s sole discretion. Goods rejected promptly shall be removed by the Seller at its expense and at its risk. Final acceptance shall not be conclusive with respect to latent defects or misrepresentations. Nothing in this Agreement shall relieve Seller from the obligation of testing, inspection and quality control. Goods may be rejected for defects or defaults revealed by inspection, analysis or subsequent manufacturing operations even though such items previously may have been accepted, at Xxxxx’s sole discretion.
INSPECTION, ACCEPTANCE, REJECTION. Buyer, its customer, and/or any governing regulatory agency shall have the right to inspect all Goods, raw materials, and work-in-progress at any time during normal business hours at the Seller’s manufacturing and storage facilities and the Seller’s sub-tier suppliers’ facilities. Notwithstanding any prior payment or inspection by Buyer or that title may have passed to Buyer all Goods are subject to final inspection and acceptance by Buyer at Buyer’s facility within a reasonable time after delivery. Acceptance by Xxxxx of the Goods delivered hereunder will not limit or affect the warranty or indemnity granted by Seller. If, upon inspection, the Goods are found to be defective in material or workmanship, or not in conformity with Purchase Order, including, without limitation, the drawings and/or specifications pertaining thereto, Buyer may at its discretion and in addition to any other rights it may have, by written notice to Seller, as to such Goods, (i) rescind Buyer’s Order, (ii) accept them at an equitable reduction in price, (iii) reject and hold them, at Seller’s expense and subject to their disposal, and require delivery of replacement goods, or payment to Buyer of the replacement cost of such Goods, or (iv) return them freight collect. If Seller fails to deliver such required replacements promptly, Buyer may (1) replace such Goods and charge Seller with the cost incurred thereby, or (2) terminate Buyer’s Order.
INSPECTION, ACCEPTANCE, REJECTION. Xencor shall have […***…] from the date of receipt of each Delivery to evaluate the Product and accept or reject such Delivery. Xencor shall in good faith have the right to reject any Delivery if (i) a Batch does not meet the mutually agreed Specifications; or (ii) a cGMP Batch was not actually Processed in accordance with cGMPs or relevant FDA guidance documents. If Xencor does not notify Cardinal Health of its rejection of a Delivery within such […***…] period, the Delivery shall be deemed accepted. Notwithstanding the foregoing, if after Xencor’s acceptance of a Delivery hereunder, […***…], Xencor shall so notify Cardinal Health within […***…] and […***…]. *** Confidential Treatment Requested
INSPECTION, ACCEPTANCE, REJECTION. (a) Licensee shall promptly request NIFDC to inspect, test, and validate all Product supplied by Licensor hereunder upon receipt. “
INSPECTION, ACCEPTANCE, REJECTION. Customer, at its cost, will inspect the Lumber Products when they have been delivered to the Final Destination or Port of Destination. Customer may reject the Lumber Products only if: (a) the Lumber Products fail to conform to the: (i) number and description set forth in the Contract of Sale; (ii) nominal sizes on labels affixed to the Lumber Products; or
INSPECTION, ACCEPTANCE, REJECTION a. Supplier shall provide and maintain, without additional charge to Buyer, an inspection system that complies with all specifications stated in this Order and, in the absence of such specifications, Supplier shall be required to provide and maintain without additional charge to Buyer, an inspection system, which is acceptable to Buyer and, if applicable, Buyer’s customer.
INSPECTION, ACCEPTANCE, REJECTION. Upon reasonable notice to Seller, Xxxxx will have the right to inspect Seller's mines, preparation and loading facilities, at Xxxxx's sole expense, during mining and preparation of any Coal subject to this Agreement and to inspect all quality assurance and other records relating to the Coal. In addition, Xxxxx will have the right to inspect all Coal at Buyer's facility before accepting it. Buyer will have one (1) business day after Buyer receives notice that any Shipment is above or below, as applicable, any one or more of the Rejection Limit(s) applicable to such Coal or Buyer otherwise discovers a defect in the product or other nonconformity to Quality Specifications or the provisions of this Agreement to reject or to revoke acceptance of the product, in any event prior to unloading the product. If Buyer timely rejects a non-conforming shipment of product, Seller will be responsible for promptly transporting the rejected product to a mutually agreed alternative destination and will reimburse Buyer for all reasonable out-of-pocket costs and expenses incurred by Buyer associated with the transportation, storage, handling, removal, demurrage fees and any re-consignment fees assessed by the Carrier of the non�onforming shipment. Seller will, at Buyer's option, replace the rejected product as soon as possible, provided that Xxxxx gives notice to Seller of Buyer's desire for replacement Coal within five (5) days after rejection of the non-conforming shipment.
INSPECTION, ACCEPTANCE, REJECTION. Buyer may inspect the goods during any stage of their manufacture, construction, preparation, delivery or completion. Buyer shall have the right to enter onto Seller’s premises at reasonable times to verify that the materials covered by this order conform to all specified requirements and Seller agrees to provide any and all supporting documentation required by Buyer or Xxxxx’s customers in the course of such investigation. At Buyer’s request, Seller shall submit production and quality test reports and related data.
INSPECTION, ACCEPTANCE, REJECTION. Customer, at its cost and expense, will inspect the Lumber Products when they have been delivered to the Final Destination as provided in the Contact of Sale. Customer may reject the Lumber Products only if: (a) the Lumber Products fail to conform to the (i) number and description set forth in the Contract of Sale; (ii) actual dimensions on labels affixed to the Lumber Products; or (iii) grading specifications established by the American Lumber Standards applicable to the Lumber Products in effect on the date the Lumber Products are delivered to Customer (collectively the “Specifications”), and (b) Customer notifies Interfor in writing of any non-conforming Lumber Products within 24 hours of delivery of the Lumber Products to Customer at the Final Destination. Any Lumber Products not timely notified by Customer as non-conforming in accordance with the foregoing shall be deemed to be accepted by Customer. Customer’s rejection of any Lumber Products will not relieve Customer of its obligation to pay for any other Lumber Products or Customer’s further performance under the Agreement.
