Inspection and Acceptance of Products. The Products shall be inspected by Buyer upon delivery. Products shall be deemed accepted by Buyer unless Buyer submits a written claim regarding Product condition or noncompliance with specifications to Seller within fifteen (15) calendar days of delivery. Any such written claim must state the particular respects in which the Products fail to conform to the terms of the order. No inspection or expediting by Buyer at the facilities of Seller’s suppliers is authorized. Seller may produce and ship any Product from any of its facilities. If Buyer wrongfully rejects the Products or revokes acceptance thereof, or fails to make any payment when due, or repudiates this Agreement, Seller may recover as damages the price stated herein for such Products and any costs of collection, including reasonable attorneys’ fees. Upon such recovery of the price, the Products shall become the property of Buyer.
Inspection and Acceptance of Products a. Upon taking delivery of the Products, the Purchaser shall immediately:
i. verify the quantities and packaging of the Products and record any objection in the delivery note;
ii. check the conformity of the Products with what is indicated in the order confirmation and record any discrepancies in the delivery note;
b. In the event of a complaint of defects, the Purchaser must comply with the following procedures and terms:
i. the communication must be made within no more than 8 (eight) working days from the acceptance of the Products by the Purchaser. If the complaint relates to a defect which, despite the initial inspection, has remained hidden, the complaint must be made as soon as possible by the end of the working day on which the defect was discovered and, in any case, no later than 2 (two) weeks after taking delivery of the Products;
ii. the complaint must be sent to the e-mail address: xxx@xxxxxxxx.xxx within the terms indicated above;
iii. the communication must clearly specify the type, number, amount of the alleged defects and the reference to the delivery note with which the material was received. It remains the Seller's right to request additional documentation (e.g. photographic) in order to have objectivity of the damage and/or defect of the product;
iv. the Purchaser agrees to make the disputed Products available for inspection; this inspection will be carried out by the Seller or by an expert appointed by the Seller.
c. No complaints with reference to the quantity, quality, type and packaging of the Products may be made except through the communication affixed to the transport document, in accordance with the procedure indicated above.
d. Any Product for which no dispute has been raised in accordance with the procedures and terms indicated above is considered approved and accepted by the Purchaser.
Inspection and Acceptance of Products. Buyer shall accept and inspect all shipments immediately upon arrival, except in the case where Xxxxx’s source inspector or authorized representative inspects the Products at JVS’s facility. All claims in respect of loss or damage in transit or non-delivery must be settled between the carrier and Buyer and will not be the subject of a claim against JVS. Where Products are alleged to be visibly defective or visibly damaged from a reasonable inspection by Xxxxx, written notice of the defect or damage must be given to JVS within three (3) working days from the date of receipt of the Products. Where Products are otherwise alleged to be defective or faulty, written notice of the defect must be given to JVS within fourteen (14) working days from the date of receipt of the Products after which time such Products shall be deemed accepted by Buyer. Claims in respect of rejected or defective Products will not be accepted until such claims have been received at JVS’s premises and notification of dispatch by Xxxxx will not be accepted as proof of delivery.
Inspection and Acceptance of Products. Products are deemed accepted by Buyer unless Buyer notifies HEI in writing within fifteen (15) days of delivery of product shortages or defects, other than those caused by shipment and/or the common carrier. No returns may be made for any reason without a Return Material Authorization Number (“RMA”) issued by HEI. HEI shall elect to credit the account or replace without charge to Buyer all products which, at the time of delivery, are not in accordance with their manufacturer’s specifications. After notifying HEI of the defects as described above, Buyer must contact HEI to coordinate the return of such products to HEI’s facility within thirty (30) days from date of delivery in original package and condition, and accompanied by a specification in writing of the defects involved. HEI shall be entitled to examine such products at Buyer’s facilities prior to their return. Final inspection as to whether products meet their manufacturer’s specifications shall be made at HEI’s facility, or may be based upon the manufacturer’s actual test report. Other than the foregoing inspection and acceptance provisions, all sales of products are final. Buyer shall have no right to return products or cancel products ordered prior to delivery, without the prior written consent of HEI. Notwithstanding the foregoing, HEI shall not issue a RMA beyond ninety (90) days from the date of delivery to Buyer of the applicable products.
Inspection and Acceptance of Products. Buyer shall be entitled to inspect Product at AVS’s manufacturing facility in Ayer, Massachusetts. Products not rejected at that time or within ten (10) days after receipt by Buyer, are deemed to be irrevocably accepted by Buyer. Any discrepancy in shipment quantity must be reported within ten (10) days of receipt of the Products. Any returns approved by AVS shall require a return merchandise authorization number from AVS, which shall be displayed on packaging.
Inspection and Acceptance of Products. Final inspection and acceptance of Products shall be made by Buyer within five (5) days of receipt of the Products at Buyer’s facility. Failure of Buyer to inspect and reject in writing said Products within the above time period (where source inspection is not applicable) shall be deemed to mean acceptance has occurred.
Inspection and Acceptance of Products. (a) All Products are subject to Purchaser’s inspection for quality and workmanship and its approval, notwithstanding any prior payment. Purchaser may reject any Products that do not conform with these Terms and Conditions or the applicable Purchase Order. In addition, Purchaser may conduct an inspection of Seller’s facilities at any time to ensure Seller’s capacity to meet specification and quality requirements consistently.
(b) All Products rejected shall remain the property of Seller and shall be Seller’s responsibility; provided, however, that if any Products include identifying information of Purchaser, then Seller shall dispose of such rejected Products in accordance with instructions from Purchaser. Purchaser shall have the option to return rejected Products to Seller at Seller’s sole expense, including all charges for labor, reloading, trucking, and other expenses incidental thereto. Seller shall not replace any Products rejected, except upon written instructions from Purchaser.
Inspection and Acceptance of Products. Final inspection and acceptance of Products/Services provided under this Contract shall be made by Buyer within fourteen (14) days of receipt of the Products/Services at Buyer’s facility, except in the case where Xxxxx’s source inspector or authorized representative inspects the Goods at Seller’s facility. Failure of Buyer to inspect and reject in writing, said Products/Services within the above time period (where source inspection is not applicable) shall be deemed to mean acceptance has occurred.
Inspection and Acceptance of Products. Buyer shall have fifteen (15) business days after receipt of the Products (the “Rejection Period”) to inspect and either accept or reject them. Failure to inspect and/or reject the Products within the Rejection Period shall constitute a waiver of Buyer’s right of inspection and an irrevocable acceptance of the Products and Buyer shall be bound to accept and pay for the Products in accordance with these Terms. To reject any nonconforming Products, Buyer must immediately (and, in any event, within the Rejection Period) notify Seller in writing that Buyer considers the Products nonconforming. Such notification shall identify each and every alleged nonconformity and describe that portion of the shipment being rejected. Failure of Buyer to give such notice within the Rejection Period shall constitute an unqualified acceptance of the Products by Xxxxx and a waiver of any and all claims by Buyer for nonconforming Product or delivery and Buyer shall be bound to pay for the Products in accordance with these Terms. Before returning any Products to Seller, Xxxxx must obtain written authorization from Seller.
Inspection and Acceptance of Products. Distributor shall inspect Products received under this Agreement. On the thirtieth (30th) day after delivery of the Products, Distributor shall be deemed to have accepted the Products unless it earlier notifies Seller in writing and furnishes written evidence or other documentation as reasonably required by Seller that the Products are damaged, defective, or otherwise do not conform to Seller’s specifications. If Distributor notifies Seller pursuant to this Section 6.3, then Seller shall determine, in its sole discretion, whether to repair or replace the Products or refund the price for the Products. Distributor shall ship at its expense and risk of loss, all Products to be returned, repaired, or replaced under this Section 6.3 to Seller’s facility located in Woburn, Massachusetts. If Seller exercises its option to replace the Products, Seller shall, after receiving Distributor’s shipment of the Products under this provision, ship to Distributor, at Seller expense and risk of loss, the replacement Products. Distributor acknowledges and agrees that the remedies set out in this Section 6.3 are exclusive of all other remedies, subject to Distributor’s rights under Section 12 regarding any Products for which Distributor has accepted delivery under this Section 6.3. Except as provided under this Section 6.3 and Section 12, all sales of Products to Distributor under this Agreement are made on a one-way basis and Distributor has no other right to return Products purchased under this Agreement.
