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. Default: 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. Storage Fees: 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 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. 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. 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. (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.
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. Buyer shall inspect and test the Goods delivered hereunder for damage, defect or shortage immediately upon receipt, and shall notify Seller of any such damage, defect, or shortage within forty-eight (48) hours of receipt. All claims of any nature whatsoever, whether based on contract, negligence or other tort, strict liability, breach of warranty, operation of law, or otherwise, shall be deemed waived unconditionally and absolutely unless Seller receives written notice of such claims not later than forty-eight (48) hours after Xxxxx's receipt of the Goods with respect to which such claim is made.
Inspection and Claims. Customer shall carefully inspect all goods and shipping documents promptly upon delivery. No claim for shortages or goods damaged during delivery will be valid or enforceable against SafeSmart unless (a) Customer notifies SafeSmart in writing specifying in detail the shortage or damage within seven (7) days from the date of delivery; (b) Customer returns the damaged Products to Seller within fourteen (14) days following delivery; (c) upon return, SafeSmart confirms such damage; and (d) Customer has fulfilled all of the payment terms. Customer’s notice must be accompanied by the original freight bill, with notation on the face thereof by an authorized agent for the carrier as to the goods claimed to be short or damaged during transit. Customer shall be deemed to have waived any claim for shortages or goods damaged in transit if Customer fails to so notify SafeSmart within seven (7) days following delivery. Any processing or use of the goods by Customer, other than return to SafeSmart, shall be conclusive as to Customer’s acceptance of the goods as being satisfactory and in accordance with these Terms and Conditions of Sale.
Inspection and Claims. All goods must be inspected by Xxxxx immediately upon receipt. In the event the goods are found to be non-conforming or otherwise not delivered in accordance with the terms of these T&Cs, then Buyer shall notify Seller of such defect within ten (10) days after Xxxxx’s receipt of goods. A failure to notify Seller that goods delivered by Seller are non-conforming within such ten (10) day period shall constitute a waiver of such a claim. Upon receipt of such a notice, Seller will be afforded a reasonable opportunity to investigate the claim and to correct the non-conformance or repair or replace, at Seller’s option, the non-conforming goods.
Inspection and Claims. 12.1 If and insofar as an Agreement does not specifically provide for acceptance inspection of the Products upon delivery, You must inspect the Products (including packaging and instructions for use) as thoroughly as possible and check that they are complete as soon as they are delivered.
