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. 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 […***…].
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
INSPECTION, ACCEPTANCE, REJECTION. (a) Licensee shall promptly request NIFDC to inspect, test, and validate all Product supplied by Licensor hereunder upon receipt. “NIFDC” means the National Institutes for Food and Drug Control of the People's Republic of China and all port IFDCs under its direction and supervision. If NIFDC determines that any Product shipped by Licensor to Licensee hereunder is defective or fails to meet Specifications or conform to the requirements of this Agreement or the Quality Agreement (“Defective Product”), Licensee may reject such shipment of the Product by notifying Licensor in writing of such rejection within five (5) days after receipt of the NIFDC’s inspection result. The Product shall be deemed accepted if Licensee does not provide notice of rejection within such five (5) day period. As Licensee’s sole and exclusive remedy for Defective Product, Licensor shall promptly replace such Defective Product or refund the Transfer Price paid by Licensee for such Defective Product. Licensee shall return the Defective Product to Licensor, at Licensor’s cost. [***] Indicates portions of this exhibit that have been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment.
INSPECTION, ACCEPTANCE, REJECTION. 6.1 Prior to delivery of the Deliverables to EBU, EBU shall be entitled to inspect and test the Deliverables. In the event the results of the testing of the Deliverables causes EBU to be of the opinion that the Deliverables do not conform with the Contract, EBU shall inform the Supplier and the Supplier shall immediately at his own expense take such action as is necessary to ensure conformity. Notwithstanding any inspection or testing, the Supplier shall remain fully responsible for the Deliverables and any such inspection or testing shall not affect the Supplier’s obligations under the Contract.
6.2 On completion of delivery of the Deliverables, EBU reserves the right to conduct the Testing Procedures.
6.3 Notwithstanding the testing and without prejudice to any other rights or remedies that EBU may have under the Contract or at law, EBU shall be entitled at any time to require the Supplier to remedy any fault(s) in the deadlines specified by EBU using its best efforts.
6.4 In the event the Deliverables delivered are not recorded as successful following completion of the Testing Procedures, EBU shall, without prejudice to any other rights or remedies that EBU may have under the Contract or at law, be entitled to:
6.4.1 extend the acceptance test period for a period determined by EBU during which the Supplier shall at its sole costs and expenses correct the fault(s) which laid to the unsuccessful delivery; and/or
6.4.2 provide acceptance of such part(s) of the Deliverables that are successfully delivered and, at its sole discretion, decide to pay a prorated fee for the delivery of such part(s) of the Deliverables; and/or
6.4.3 reject the Deliverables and terminate the Contract at any time with immediate effect without any liabilities whatsoever.
6.5 In the event EBU extends the acceptance test period pursuant to the provisions of clause 6.4.1 and that the Deliverables delivered are not recorded as successful following completion of the repeat Testing Procedures, EBU shall, without prejudice to any other rights or remedies that EBU may have under the Contract or at law, be entitled to:
6.5.1 extend the acceptance test period for a period determined by EBU during which the Supplier shall at its sole costs and expenses correct the fault(s) which laid to the unsuccessful delivery; and/or
6.5.2 provide acceptance of such part(s) of the Deliverables that are successfully delivered and, at its sole discretion, decide to pay a prorated fee for the delivery of such...
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.
INSPECTION, ACCEPTANCE, REJECTION. All Products are subject to inspection by Buyer upon delivery and, unless CET is advised to the contrary in writing within thirty (30) days after delivery, the Products will be deemed to have been accepted as conforming to the requirements of the contract and free from all discoverable defects.
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 Buyer 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
INSPECTION, ACCEPTANCE, REJECTION. All Goods and Services will be subject to inspection and rejection or acceptance by ENTHALPY during manufacture, after delivery at final destination and at such times as operating tests, if any, are required. ENTHALPY may also reject any Goods or Services found to be defective, nonconforming or failing to meet any of SUPPLIER’s warranties. Upon rejection, ENTHALPY may return such goods to SUPPLIER, at SUPPLIER’s sole risk and expense, for rework or replacement, in which case SUPPLIER agrees to repair onsite or ship conforming goods within fourteen (14) days of SUPPLIER’s receipt of the rejected goods or such longer period of time as may be agreed to by ENTHALPY in writing. If ENTHALPY determines, in its sole discretion, that SUPPLIER is unable to rework or replace the Goods within the time required by ENTHALPY, ENTHALPY may: (a) rework or have another supplier rework the Goods, the cost of such rework to be paid by SUPPLIER; or (b) return the Goods to SUPPLIER for full credit and obtain replacement goods from an alternate source, at SUPPLIER’s expense; or (c) produce replacement goods, at SUPPLIER’s expense. All Services found to be defective, nonconforming or failing to meet any of SUPPLIER’s warranties shall be completely re‐performed at SUPPLIER’s expense. ENTHALPY’s rights of inspection and rejection are in addition to any other rights which it may have under Section 13 of these Terms and Conditions or otherwise. 14 CONFIDENTIALITY - All information or documentation (IP) disclosed to SUPPLIER by ENTHALPY shall be deemed confidential and SUPPLIER shall take all reasonable precautions to limit disclosure of confidential information to only those that need to know. This obligation of confidence shall survive termination of a PO in perpetuity. SUPPLIER has an affirmative duty to disclosure any potential or known breach of this section to ENTHALPY within twenty‐four (24) hours of becoming aware of the same.
