Inspection and Claims Sample Clauses

Inspection and Claims. Upon delivery of Product, Purchaser must inspect the Product for freight damage and must notify Brentwood in writing within five (5) days after delivery. Furthermore, Xxxxxxxxx agrees to inspect and accept the Product within a reasonable timeframe. Brentwood may waive claims not made in accordance with the above terms in this section. Purchaser's failure to make payment as agreed and according to invoices or Purchaser’s failure to perform any of its other obligations under this Agreement constitutes a default. In the event of default, Brentwood will provide written Notice of the default (in accordance with the Notices section of this Agreement) to Purchaser. If Purchaser does not i) correct the default or ii) address how it plans to correct the default in writing to Brentwood within five (5) business days from receipt of Notice of default, Purchaser will remain in default and Brentwood may do any of the following, (i) exercise any and all other rights and remedies of a secured Party under Article 9 of the UCC or applicable law ; (ii) suspend any further Product deliveries or provision of services until Purchaser pays its obligations in full; iii) be excused from any of its performance obligations under this Agreement resulting from Purchaser’s delays or inability to complete its obligations; iv) send Purchaser’s past due invoice(s) to collections for nonpayment of obligations and report Purchaser’s non-payment to appropriate credit agency. Delays: : Delays in project schedule beyond the expected ship date not caused by Brentwood which result in additional costs not included in quoted price may be invoiced by Brentwood to Purchaser. Unless otherwise agreed upon by Xxxxxxxxx and Purchaser, in the event Purchaser notifies Brentwood it cannot take delivery on the agreed upon delivery date on the face of Purchaser’s Purchase Order, Brentwood will store the Product free of charge for up to thirty (30) days after the initially agreed delivery date. After the thirtieth (30th) day, Xxxxxxxxx agrees to pay a monthly storage fee equal to one and one-half (1.5%) percent of the invoice price of the Product. The monthly storage fee will be due in full upon receipt of invoice for the storage fee regardless of whether Purchaser has been invoiced or has paid for the Product.

Inspection and Claims. All goods are subject to Buyer’s inspection and rejection. Defective goods not in accordance with Buyer’s specifications will be held for Supplier’s instruction and at Supplier’s risk and if Supplier so directs, will be returned at Supplier’s expense. Payment for goods on this order prior to inspection does not constitute acceptance or remove Supplier’s responsibility for latent defects. This order is issued for the product specifically identified in this order, and any substitution of material, without prior Buyer approval, will be considered a breach of this order. Supplier will defend, indemnify, and hold Buyer harmless against all claims, liability, losses, damages, and settlement expenses in connection with any breach by Supplier of these general conditions or for injury or death of any person and damage or loss of any property allegedly or actually resulting from or arising out of any act, omission or negligent work of Supplier or its employees, agent, or subcontractors in connection with performing this order.

Inspection and Claims. The Buyer has the right to have a quality permanent supervisor in the factory. At any time, the Buyer can perform any inspection of the goods in the Seller’s facilities before the delivery of the product. The Seller will inform the Buyer **** days before delivery so he may organise inspection. Any claim to be presented by the Buyer to the Seller must be done within **** days after CIF.

Inspection and Claims. (a) Unless otherwise required by this Contract, Product quantity and quality shall be determined at the Plant and at the Terminal by an independent, internationally recognized surveyor agreed to from time to time by TA and Seller, which currently for export sales is Sabine Surveyors, Ltd. for determination of quantity and Coastal Gulf & International, Inc. (“Coastal Gulf) for determination of quality and for sales within the United States is Coastal Gulf for determination of both quantity and quality (as the case may be, the “Surveyor”). The Surveyor shall determine quantity on the basis of the vessel’s loading figures as established by draft survey. If any weight shortages occur or if any Product quality claims arise, TA shall immediately notify Seller. Seller may send its representative to the discharge port to evaluate the claims. (b) The Surveyor’s determinations as to quantity and certifications as to quality shall be (i) in the form of a written certificate, (ii) conclusive and binding upon the parties for purposes of preparing the xxxx of lading for the relevant shipment absent manifest error and (iii) in accordance with the sampling and testing procedures to be set forth in Exhibit D. (c) Notice of any claim by TA against Seller, either as to shortage in quantity or to defects in quality, shall be submitted to Seller, in writing, with full supporting documentation, as soon as possible and in no event later than 60 days from the xxxx of lading date and the failure to give notice within 60 days shall constitute a waiver of any such claim.

Inspection and Claims. The Buyer will promptly examine the Goods upon receipt of shipment. Any claims for loss or damage in transit and shortages in shipped quantities must be made in writing to Seller at the time of delivery. Any other claims for non- conformance or other grounds for rejection of shipped Goods must be made in writing to Seller within thirty (30) days after receipt of shipment. Shipment will be deemed to have been accepted and proper in all respects absent such notice. Seller will be given a reasonable opportunity to investigate any claims. The Buyer must set aside and hold all such Goods without further processing, until Seller advises the Buyer of the disposition to be made of the Goods. All dismantling, installation, and shipping costs that result from the Buyer's making a claim under the Contract must be paid by the Buyer.

Inspection and Claims. All products must be inspected by Buyer upon receipt, and all claims with respect to amount of products delivered must be made to Seller in writing within five days after receipt of the products by Buyer. NO CLAIMS OF SHORTAGE MAY BE MADE AGAINST SELLER SUBSEQUENT TO THE EXPIRATION OF SUCH FIVE DAY PERIOD.

Inspection and Claims. Buyer shall inspect the goods at the place of destination promptly upon arrival. Xxxxx’s acceptance of the Products will be conclusively presumed if Buyer fails to give Seller written notice of defective, missing or non-conforming Products within fifteen (15) days after delivery in the case of defects discoverable through inspection or testing, or within fifteen (15) days after discovery in the case of defects not discoverable through inspection or testing. The notice shall describe the rejected Products and the defects upon which rejection is based. Failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by Xxxxx. Seller shall be given a reasonable opportunity to investigate all claims and to inspect allegedly defective Products. Orders: Buyer shall ensure that its orders are received by Seller on a timely basis in view of the requested delivery dates. Given the custom nature of the Products, lead times required by Seller will vary. Xxxxx's orders or mutually agreed change orders shall be subject to all provisions of this Contract, whether or not the order or change order so states.

Inspection and Claims. Claims for damage in shipment must be filed in accordance with the delivering carrier’s procedures. Claims for shortages, shipping errors, or any claim that the Products do not conform to the terms of the Contract must be submitted to the Seller in writing within five (5) days of receipt. If Buyer fails to give such notice, the Products shall be deemed in conformance with the Contract terms and accep- xxx by Buyer, and Buyer shall pay for the Products in accordance with the Contract. Buyer waives any right to reject or revoke acceptance after such five (5) day period. All claims must be accompanied by a copy of the packing slip. [If Buyer timely notifies Seller of any nonconforming Products, Seller shall, in its sole discretion, (i) replace such nonconforming Products with conforming Products, or

Inspection and Claims. 10.1 The Seller shall carry out the design, selection of material, inspection and test for Contract Commodities supplied by the Seller according to the existing international standards and codes as specified in Appendix l. The Seller shall, before delivery, make a precise and comprehensive inspection of the Contract Commodities with regards to the quality, specification, performance and quantity/weight and issue certificates certifying that the Contract Commodities are in accordance with the stipulations of the this Contract. But the above mentioned inspection should not be considered as final with respect to quality, specification, performance and quantity/weight. Particulars and results of the test carried out by the manufacturer must be attached to the quality certificate. Before the shipment, the Buyer shall have a right to send its inspectors at his own expense to the Seller’s workshop. The Buyer’s inspectors shall not sign any certificate and/or documentation during their inspection period. Such inspection shall not substitute the inspect ion and test of the Contract Commodities at the plant site. 10.2 Before start of erection of the Contract Commodities, the Buyer shall organize the open-package inspection at the job-site on quality, specification and quantity. The Seller may participate in the inspection at its own expenses. However, the Buyer is entitled to do the inspection independently if the Seller fails to be present at the inspection. Should the quality, specifications and quantity of the Contract Commodities be not in conformity with the Contract due to the Seller’s reason, the Buyer is entitled to claim for repair, replacement and/or compensation from the Seller according to the inspection certificates issued by the General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic of China. All expenses thus incurred including inspection charges, freight for returning and re-sending the Contract Commodities , insurance, storage and loading and unloading Charges as well as dispatch of the Seller’s personnel, etc. shall be born by the Seller. 10.3 During the mechanical guarantee period, should defects or damages of the Contract Commodities are found due to the Seller’s reason, the Buyer shall immediately notify the Seller and place forward a claims supported by Inspection Certificate issued by the General Administration of Quality Supervision, Inspection and Quarantine of the People’ s Republic of China. The c...

Inspection and Claims. Any claims relating to a Product (including without limitation for shortage or because of nonconformities) ascertainable upon inspection, must be particularized and made in writing to Magnera within thirty (30) days of delivery to Buyer; otherwise, the Product shall be deemed to have been accepted by Buyer. Any revocation of acceptance of all or any part of the Product on the basis of any latent non-conformity or other reason must particularize each non-conformity or other reason and be made in writing to Magnera within sixty (60) days of delivery of the Product to Buyer. Claims or revocations of acceptance that are not particularized, or which are made later than the applicable period specified in this section, will be deemed waived by Buyer. Upon Xxxxxxx’s request, Buyer must promptly make available to Magnera for inspection and testing any Product upon which Xxxxx has made a claim. Any action for breach by a Party, other than for non-payment, is time barred if legal proceedings are not commenced within one (1) year after the date of delivery, or due date of delivery in the event of non-delivery, of the particular shipment upon which such claim is based. Buyer shall accept delivery of quantities within ten percent (10%) of those ordered, but need only pay for quantities actually delivered. Magnera’s Product measurements shall govern unless proven in error. No weight claims or credits will be allowed unless gross shipment weight discrepancies exceed half a percent (0.5%) for delivered Product.