Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 5 contracts
Samples: Purchase Order, Purchase Order, Purchase Order Terms and Conditions
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer may, upon reasonable notice, inspect the Goods and any work-in-process at facilities where Seller is manufacturing or storing the Goods. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly within 4 days replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 1920. If Buyer rejects any portion of the Goods, Seller must perform a root cause analysis to determine why the Goods did not meet Buyer’s specifications as identified in the Order. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 3 contracts
Samples: Purchase Order, Purchase Order, Purchase Order
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery DateDate regardless if packing slip or bill of lading is signed confirming receipt of Goods. No such acknowledgement on a packing slip or bill of lading shall be serve as acceptance of the condition of such Goods. Buyer shall notify Seller in a reasonable time after the discovery of any Nonconforming Goods. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 1921. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 3 contracts
Samples: Purchase Order Agreement, Purchase Order, Purchase Order
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer Xxxxx rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: :
(a) rescind the Order this Agreement in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming or defective Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order Agreement for cause pursuant to Section 1918. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the OrderAgreement, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 2 contracts
Samples: Terms and Conditions of Purchase, Terms and Conditions of Purchase
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 1920. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 2 contracts
Samples: Purchase Order, General Terms and Conditions (Goods)
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goodsgoods and/or services, and may reject all or any portion of the Goods goods and/or services if it determines the Goods goods and/or services are nonconforming or defective. If Buyer rejects any portion of the Goodsgoods and/or services, Buyer has the right, effective upon written notice to SellerVendor, to: (a) rescind the Order in its entirety; (b) accept the Goods goods and/or services at a reasonably reduced price; or or
(c) reject the Goods goods and/or services and require replacement of the rejected Goodsgoods and/or services. If Buyer requires replacement of the Goodsgoods and/or services, Seller Vendor shall, at its expense, promptly replace ore reperform the nonconforming Goods goods and/or services and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goodsgoods and/or services. If Seller Vendor fails to timely deliver replacement Goodsgoods and/or reperformance of the services, Buyer may replace them with obtain replacement goods and/or services from a third party and charge Seller Vendor the cost thereof and terminate this Order for cause pursuant to Section 1914. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect SellerVendor's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller Vendor has carried out its remedial actions.
Appears in 2 contracts
Samples: Vendor Purchase Order, Vendor Agreement
Inspection and Rejection of Nonconforming Goods. The Buyer Purchaser has the right to inspect the Goods on the Delivery Date or up to ninety (90) days after the said Delivery Date. BuyerPurchaser, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer Purchaser rejects any portion of the Goods, Buyer Purchaser has the right, effective upon written notice to SellerSupplier, to: (a) rescind the Order this Agreement in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer Purchaser requires replacement of the Goods, Seller Supplier shall, at its expense, promptly replace the nonconforming or defective Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller Supplier fails to timely deliver replacement Goods, Buyer Purchaser may replace them with goods from a third party and charge Seller Supplier the cost thereof and terminate this Order Agreement for cause pursuant to Section 1917. Any inspection or other action by Buyer Purchaser under this Section shall not reduce or otherwise affect Seller's Supplier’s obligations under the OrderAgreement, and Buyer Purchaser shall have the right to conduct further inspections after Seller Supplier has carried out its remedial actions..
Appears in 2 contracts
Samples: General Terms and Conditions of Purchase, General Terms and Conditions of Purchase
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 1920. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 2 contracts
Samples: Purchase Order, Purchase Order
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this the Order for cause pursuant to Section 1921. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's ’s obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 2 contracts
Samples: Purchase Order Terms and Conditions, Purchase Order Terms and Conditions
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are materially nonconforming or defective. If Buyer rightfully rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 1920. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's ’s obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 2 contracts
Samples: Purchase Order Agreement, Purchase Order
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this the Order for cause pursuant to Section 1918. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's ’s obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 1 contract
Samples: Purchase Order Agreement
Inspection and Rejection of Nonconforming Goods. The Buyer Xxxxxx has the right to inspect the Goods on or after the Delivery Date. BuyerEndera, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer Endera rejects any portion of the Goods, Buyer Xxxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order this Agreement in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer Endera requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming or defective Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order Agreement for cause pursuant to Section 1917. Any inspection or other action by Buyer Endera under this Section shall not reduce or otherwise affect Seller's obligations under the OrderAgreement, and Buyer Endera shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 1 contract
Samples: Terms and Conditions of Purchase
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it Buyer determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly within ten (10) days replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 1920. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's ’s obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 1 contract
Samples: Terms of Purchase
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 1 contract
Samples: Purchase Order Agreement
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order this Agreement in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming or defective Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order Agreement for cause pursuant to Section 1920. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's ’s obligations under the OrderAgreement, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 1 contract
Samples: Terms and Conditions for Purchase of Goods and Services
Inspection and Rejection of Nonconforming Goods. The Buyer Aldevron has the right to inspect the Goods on or after the Delivery Date. BuyerAldevron, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer Aldevron rejects any portion of the Goods, Buyer Aldevron has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer Aldevron requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Aldevron may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19. Any inspection or other action by Buyer Aldevron under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer Aldevron shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 1 contract
Samples: Purchase Order Agreement
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer Xxxxx shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 1 contract
Samples: Purchase Order
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a mutually agreed upon reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 1918. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 1 contract
Samples: Purchase Order
Inspection and Rejection of Nonconforming Goods. The Buyer Aldevron has the right to inspect the Goods on or after the Delivery Date. BuyerAldevron, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer Aldevron rejects any portion of the Goods, Buyer Aldevron has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer Aldevron requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Aldevron may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19. Any inspection inspecti on or other action by Buyer Aldevron under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer Aldevron shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 1 contract
Samples: Purchase Agreement
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order this Agreement in its entirety; or (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Orderthis Agreement, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 1 contract
Samples: Grain Buying Agreement
Inspection and Rejection of Nonconforming Goods. The Buyer NRECA has the right right, in its sole determination, to inspect the Goods on or after the Delivery Date. BuyerNRECA, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer NRECA rejects any portion of the Goods, Buyer NRECA has the right, effective upon written notice to SellerSupplier, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer NRECA requires replacement of the Goods, Seller Supplier shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller Supplier fails to timely deliver replacement Goods, Buyer NRECA may replace them with goods from a third party and charge Seller Supplier the cost thereof and terminate this Order for cause pursuant to Section 1920. Any inspection or other action by Buyer NRECA under this Section shall not reduce or otherwise affect SellerSupplier's obligations under the Order, and Buyer NRECA shall have the right to conduct further inspections after Seller Supplier has carried out its remedial actions. For avoidance of doubt, under no circumstance, shall payment, whether in part of whole, constitute NRECA acceptance of the Goods.
Appears in 1 contract
Samples: Purchase Order
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited towithout limitation, transportation charges for the return of the defective goods Goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 1910. Machined components requiring NDT are subject to rejection based on NDT results. If time does not permit the return of those Goods to the Seller, and Buyer is capable of performing the necessary rework, Seller will be responsible for additional costs of rework performed at Buyer’s facility at Buyer’s current production and material rates. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 1 contract
Samples: Purchase Order
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order this Agreement in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming or defective Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order Agreement for cause pursuant to Section 19166. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the OrderAgreement, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 1 contract
Samples: Purchasing Terms and Conditions
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 1920. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's ’s obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 1 contract
Samples: Purchase Order
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (( c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19cause. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 1 contract
Samples: Purchase Agreement
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order this Agreement in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming or defective Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order Agreement for cause pursuant to Section 1917. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the OrderAgreement, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 1 contract
Samples: Terms and Conditions of Purchase
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: a
(a) rescind the Order Offer in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited towithout limitation, transportation charges for the return of the defective goods Goods and the delivery of replacement Goods. , If Seller fails to timely deliver replacement Goods, Buyer buyer may replace them with goods from a third party part and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 1910. Machined components requiring NDT are subject to rejection based on NDT results. If time does not permit the return of those Goods to the Seller, and Buyer is capable of performing the necessary rework, Seller will be responsible for additional costs of rework performed at Buyer’s facility at Buyer’s current production and material rate. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's ’s obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 1 contract
Samples: Purchase Order
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goodsgoods, and may reject all or any portion of the Goods goods if it determines the Goods goods are nonconforming or defective. If Buyer rejects any portion of the Goodsgoods, Buyer has the right, effective upon written notice to SellerSupplier, to: (a) rescind the Order in its entirety; (b) accept the Goods goods at a reasonably reduced price; or (c) reject the Goods goods and require replacement of the rejected Goodsgoods. If Buyer requires replacement of the Goodsgoods, Seller Supplier shall, at its expense, promptly replace the nonconforming Goods goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goodsgoods. If Seller Supplier fails to timely deliver replacement Goodsgoods, Buyer Xxxxx may replace them with goods from a third party and charge Seller Supplier the cost thereof and terminate this Order for cause pursuant to Section 19cause. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's Supplier’s obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller Supplier has carried out its remedial actions.
Appears in 1 contract
Samples: Purchase Order
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. The Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming nonconforming, defective, or defectivedo not meet the Buyer’s quality specifications, including without limitation, Goods that have been sent out for external processing. If the Buyer rejects any portion of the GoodsGoods for nonconformance, defectiveness, or inferior quality, the Buyer has the right, effective upon written notice to the Seller, to: to (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; , or (c) reject the Goods and require replacement of the rejected Goods. If the Buyer requires replacement of the Goods, the Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If the Seller fails to timely deliver replacement Goods, the Buyer may replace them with goods from a third party and charge the Seller the cost thereof and terminate this Order for cause pursuant to Section 1918. Any inspection or other action by the Buyer under this Section shall not reduce or otherwise affect the Seller's obligations under the Order, and the Buyer shall have the right to conduct further inspections after the Seller has carried out its remedial actions.
Appears in 1 contract
Samples: Purchase Order
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order this Agreement in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming or defective Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order Agreement for cause pursuant to Section 1920. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's ’s obligations under the OrderAgreement, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 1 contract
Samples: Terms and Conditions for Purchase of Goods and Services
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 1920. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's ’s obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 1 contract
Samples: General Purchase Order
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; ;
(b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 199. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 1 contract
Samples: Purchase Order Agreement
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Purchase Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming or defective Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate the Purchase Order and/or this Order Agreement for cause pursuant to Section 1917. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the OrderAgreement, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 1 contract
Samples: Master Terms and Conditions
Inspection and Rejection of Nonconforming Goods. The Buyer NHA has the right to inspect the Goods on or after the Delivery Date. BuyerNHA, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer NHA rejects any portion of the Goods, Buyer NHA has the right, effective upon written notice to SellerSupplier, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer NHA requires replacement of the Goods, Seller Supplier shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller Supplier fails to timely deliver replacement Goods, Buyer NHA may replace them with goods from a third party and charge Seller Supplier the cost thereof and terminate this Order for cause pursuant to Section 1920. Any inspection or other action by Buyer NHA under this Section shall not reduce or otherwise affect SellerSupplier's obligations under the Order, and Buyer NHA shall have the right to conduct further inspections after Seller Supplier has carried out its remedial actions.
Appears in 1 contract
Samples: Purchase Order
Inspection and Rejection of Nonconforming Goods. The Buyer XXXXX has the right to inspect the Goods on or after the Delivery Date. BuyerNUAIR, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer NUAIR rejects any portion of the Goods, Buyer NUAIR has the right, effective upon written notice to SellerVendor, to: (a) rescind the Order this Agreement in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer NUAIR requires replacement of the Goods, Seller Vendor shall, at its expense, promptly replace the nonconforming or defective Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller Vendor fails to timely deliver replacement Goods, Buyer NUAIR may replace them with goods from a third party and charge Seller Vendor the cost thereof and terminate this Order Agreement for cause pursuant to Section 1917. Any inspection or other action by Buyer NUAIR under this Section shall not reduce or otherwise affect SellerVendor's obligations under the OrderAgreement, and Buyer NUAIR shall have the right to conduct further inspections after Seller Vendor has carried out its remedial actions.
Appears in 1 contract
Samples: Vendor Agreement
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: a
(a) rescind the Order Offer in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited towithout limitation, transportation charges for the return of the defective goods Goods and the delivery of replacement Goods. , If Seller fails to timely deliver replacement Goods, Buyer buyer may replace them with goods from a third party part and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 1910. Machined components requiring NDT are subject to rejection based on NDT results. If time does not permit the return of those Goods to the Seller, and Xxxxx is capable of performing the necessary rework, Seller will be responsible for additional costs of rework performed at Buyer’s facility at Buyer’s current production and material rate. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's ’s obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 1 contract
Samples: Purchase Order
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Datedelivery date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 1915. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 1 contract
Samples: Purchase Order
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods Goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods Goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19the Order. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 1 contract
Samples: Purchase Order Agreement
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it if, as a result of such inspection, Buyer determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept all or any portion of the Goods at a reasonably reduced price; or (c) reject all or any portion of the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its own expense, promptly promptly, no later than fourteen (14) days, replace the nonconforming rejected Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19by way of written notice on Seller immediately. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations and shall be without prejudice to the Buyer’s rights under the Order, and Buyer shall in any event have the right to conduct further inspections after Seller has carried out its remedial actionsinspections.
Appears in 1 contract
Samples: General Purchase Order
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. All Goods substitutions will be rejected. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods Goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 1921. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions. Goods that are determined to be counterfeit will be deemed to have 0 value.
Appears in 1 contract
Samples: Purchase Order
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19the Order. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 1 contract
Samples: Purchase Order Agreement
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order the Agreement for cause pursuant to Section 1911. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the OrderAgreement, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 1 contract
Samples: Terms and Conditions of Purchase
Inspection and Rejection of Nonconforming Goods. The Buyer PHD has the right to inspect the Goods on or after the Delivery Date. BuyerPHD, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer PHD rejects any portion of the Goods, Buyer PHD has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer PHD requires replacement of the Goods, Seller shall, at its expense, promptly within 15 days replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer PHD may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 1918. Any inspection or other action by Buyer PHD under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer PHD shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 1 contract
Samples: Terms and Conditions of Purchase
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are reasonably determined to be nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order this Agreement in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, any Goods rejected will be held for disposition at the expense and risk of Seller, and Seller shall, at its expense, promptly replace the nonconforming or defective Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goodsreplacements. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order Agreement for cause pursuant to Section 1917. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its completion of remedial actions.
Appears in 1 contract
Samples: Purchase Order Terms and Conditions
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to SellerManufacturer, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller Manufacturer shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and air freight or other expedited shipping for the delivery of replacement Goods. If Seller Manufacturer fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller Manufacturer the cost thereof and terminate this Order for cause pursuant to Section 19cause. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect SellerManufacturer's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller Manufacturer has carried out its remedial actions. Regardless of how Xxxxx decides to handle any nonconforming or rejected Goods, Manufacturer shall indemnify Buyer against any losses, claims, damages, and costs and expenses attributable to Manufacturer's failure to deliver conforming Goods.
Appears in 1 contract
Samples: Terms and Conditions of Purchase
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. Payment with respect to the Goods shall not constitute acceptance. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, right to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller Vendor shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods Goods and the delivery of replacement Goods. If Seller Vendor fails to timely deliver replacement Goods, Buyer may replace them with goods Goods from a third party and charge Seller Vendor the cost thereof and terminate this the Order for cause pursuant to Section 1922. Any inspection or other action by Buyer under this Section 11 shall not reduce or otherwise affect Seller's Vendor’s obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller Vendor has carried out its remedial actions.
Appears in 1 contract
Samples: Purchase Order and Service Order Terms and Conditions
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer Xxxxx rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: :
(a) rescind the Order this Agreement in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming or defective Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order Agreement for cause pursuant to Section 1918. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's ’s obligations under the OrderAgreement, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 1 contract
Samples: Terms and Conditions for Purchase of Goods and Services
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to SellerSupplier, to: (a) rescind the this Order in its entirety; (b) accept the Goods at a reasonably reduced re- duced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller Supplier shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller Supplier fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller Supplier the cost thereof and terminate this Order for cause pursuant to Section 1920. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's Supplier’s obligations under the this Order, and Buyer shall have the right to conduct further inspections after Seller Supplier has carried out its remedial actions.
Appears in 1 contract
Samples: Purchase Order
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. Seller must notify the Buyer of any known or suspected nonconforming Goods prior to shipping the Goods. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 1920. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 1 contract
Samples: Vendor Agreement
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly (and in any event within ten (10) days) replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 1921. In a case of imminent danger to any customer of Buyer or the end user of any products manufactured by Buyer incorporating the Goods, Buyer shall be entitled to remedy the defects at Buyer’s discretion and at Seller’s sole cost. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's ’s obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 1 contract
Samples: Purchase Order
Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: :
(a) rescind the Order this Agreement in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming or defective Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order Agreement for cause pursuant to Section 1918. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's ’s obligations under the OrderAgreement, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Appears in 1 contract
Samples: Terms and Conditions for Purchase of Goods and Services