Common use of Inspection and Rejection of Nonconforming Goods Clause in Contracts

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, defective, or do 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 Goods for nonconformance, defectiveness, or inferior quality, the Buyer has the right, effective upon written notice to the 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 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 18. 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.

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 or defective, . Seller must notify the Buyer of any known or do not meet suspected nonconforming Goods prior to shipping the Buyer’s quality specifications, including without limitation, Goods that have been sent out for external processingGoods. If the Buyer rejects any portion of the Goods for nonconformanceGoods, defectiveness, or inferior quality, the Buyer Xxxxx 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 Xxxxx 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 1820. 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.

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 or defective, or do 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 Goods for nonconformanceGoods, defectiveness, or inferior quality, the Buyer Xxxxx 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 (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 the Seller fails to timely deliver replacement Goods, the Buyer Xxxxx 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 1821. 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 the Buyer under this Section shall not reduce or otherwise affect the Seller's ’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.

Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. The 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, nonconforming or defective, or do 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 Goods for nonconformanceGoods, defectiveness, or inferior quality, the Buyer Xxxxx 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 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 the Seller fails to timely deliver replacement Goods, the Buyer Xxxxx 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 1820. If Xxxxx rejects any portion of the Goods, Seller must perform a root cause analysis to determine why the Goods did not meet Xxxxx’s specifications as identified in the Order. 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.

Inspection and Rejection of Nonconforming Goods. The Buyer has the right to shall inspect the Goods on within three (3) days of receipt (“Inspection Period”). Xxxxx will be deemed to have accepted the Goods unless it notifies Seller in writing of any Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as required by Seller. “Nonconforming Goods” means only the following: (i) product shipped is different than identified in Buyer’s purchase order; or (ii) product’s label or packaging incorrectly identifies its contents. If Buyer timely notifies Seller of any Nonconforming Goods, Seller shall, in its sole discretion, (i) replace such Nonconforming Goods with conforming Goods, or (ii) credit or refund the Price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the Nonconforming Goods to Seller’s facility located at 0000 Xxxxxxxx Xxxx, Xxxxxxxx Xxxx, Xxxxxxx 00000. If Seller exercises its option to replace Nonconforming Goods, Seller shall, after the Delivery Date. The receiving Buyer’s shipment of Nonconforming Goods, ship to Buyer, at its sole optionBuyer’s expense and risk of loss, may inspect all or a sample the replaced Goods to the Origin Point. Xxxxx acknowledges and agrees that the remedies set forth in the preceding sentence are Xxxxx’s exclusive remedies for the delivery of the Nonconforming Goods, and may reject except as provided under the preceding sentence, all or any portion sales of the Goods if it determines the Goods to Buyer are nonconforming, defective, or do 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 Goods for nonconformance, defectiveness, or inferior quality, the made on a one-way basis and Buyer has the right, effective upon written notice no right to the Seller, to (a) rescind the Order in its entirety; (b) accept the return 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 18. Any inspection or other action by the Buyer purchased under this Section shall not reduce or otherwise affect the Agreement to 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.

Inspection and Rejection of Nonconforming Goods. The Buyer has the right to shall inspect the Goods on upon receipt (“Inspection Period”). Xxxxx will be deemed to have accepted the Goods unless it notifies Seller in writing of any Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as required by Seller. “Nonconforming Goods” means only the following: (i) product shipped is different than identified in Buyer’s purchase order; or (ii) product’s label or packaging incorrectly identifies its contents. If Buyer timely notifies Seller of any Nonconforming Goods, Seller shall, in its sole discretion, (i) replace such Nonconforming Goods with conforming Goods, or (ii) credit or refund the Price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the Nonconforming Goods to Seller’s designated facility. If Seller exercises its option to replace Nonconforming Goods, Seller shall, after the Delivery Date. The receiving Buyer’s shipment of Nonconforming Goods, ship to 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, defective, or do 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 expense and risk of the Goods for nonconformance, defectiveness, or inferior qualityloss, the Buyer has the right, effective upon written notice replaced Goods to the Seller, to (a) rescind Delivery Point. Xxxxx acknowledges and agrees that the Order remedies set forth 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 this Section are Xxxxx’s exclusive remedies for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Nonconforming 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 18. Any inspection or other action by the Buyer Except as provided under this Section shall not reduce or otherwise affect the Seller's obligations under the OrderSection, all sales of Goods to Buyer are made on a one-way basis and the Buyer shall have the has no right to conduct further inspections after the Seller has carried out its remedial actionsreturn Goods purchased under this Agreement to Seller.

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 if, as a result of such inspection, Buyer determines the Goods are nonconforming, nonconforming or defective, or do 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 Goods for nonconformanceGoods, 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 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 the Buyer requires replacement of the Goods, the 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 the Seller fails to timely deliver replacement Goods, the Buyer Xxxxx 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 18by way of written notice on Seller immediately. Any inspection or other action by the Buyer under this Section shall not reduce or otherwise affect the Seller's obligations and shall be without prejudice to the Buyer’s rights under the Order, and the Buyer shall in any event have the right to conduct further inspections after the Seller has carried out its remedial actionsinspections.

Inspection and Rejection of Nonconforming Goods. The This provision is meant to override anything to the contrary in Florida’s Uniform Commercial Code. Buyer has the right to shall inspect the Goods on or after goods within five (5) days of receipt (the Delivery Date“Inspection Period”). The Buyer, at its sole option, may inspect all or a sample Buyer will be deemed to have irrevocably accepted the goods unless it notifies Seller in writing of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming, defective, or do 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 Goods for nonconformance, defectiveness, or inferior quality, the Buyer has the right, effective upon written notice to the Seller, to (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price, or (c) reject the Nonconforming 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 18. Any inspection furnishes such written evidence or other action documentation as required by Seller during the Buyer under this Section Inspection Period. Seller shall not reduce or otherwise affect the Seller's obligations under the Order, and the Buyer shall also have the right to conduct further inspections fully inspect any good claimed nonconforming or damaged before making a final determination of the claim including restocking fees. The Parties agree that “Nonconforming Goods” shall refer to products shipped that are different than the products contemplated in the Agreement and Sales Order Process documents, or products whose label or packaging incorrectly identifies them. After acceptance, Buyer shall have no right to reject the Goods for any reason or revoke acceptance. If Buyer timely notifies Seller of any Nonconforming Goods, Seller shall, in its sole discretion, (i) replace such Nonconforming Goods with Conforming Goods, or (ii) credit or refund the Price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the Nonconforming Goods to directly Seller’s facility; provided, however, that written consent is required by Seller for Buyer to return said Goods, and no replacement is allowed for nonconforming goods returned without such prior written consent by Seller. If written consent is not obtained prior to shipment, the goods shall be refused and returned to Buyer at Buyer’s cost. Buyer’s failure to comply with this Section 11 shall result in Buyer’s claim for return deemed conclusively abandoned. If Seller exercises its option to replace Nonconforming Goods, Seller shall, after receiving Buyer’s shipment of Nonconforming Goods, make the Seller replacement goods available EXW, Neo Broadband, Inc., Doral, FL, United States (Incoterms® 2000) to Buyer. Buyer acknowledges and agrees that the remedies set forth in herein are Buyer’s exclusive remedies for Nonconforming Goods. Except as provided under herein, all sales of goods to Buyer are made on a one-way basis and Buyer has carried out its remedial actionsno right to return Goods purchased under this Agreement to Seller.

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 or defective, or do 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 Goods for nonconformanceGoods, defectivenessBuyer has, or inferior qualityat its sole option, the Buyer has the right, effective upon written notice to the Seller, to to: (a) rescind the Agreement and/or cancel the relevant 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; (d) seek specific performance of Seller’s obligation to deliver; or (e) pursue any action or remedy in law or equity. If the Buyer requires replacement of the Goods, the 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 Goods and the delivery of replacement Goods. If the Seller fails to timely deliver replacement Goods, the Buyer Xxxxx may replace them with goods Goods from a third party and charge the Seller the cost thereof and terminate this the Agreement and/or the relevant Purchase Order for cause pursuant to Section 1817(a)(v). Any inspection or other action by the Buyer under this Section shall not reduce or otherwise affect the Seller's ’s obligations under the OrderAgreement, and the Buyer shall have the right to conduct further inspections after the Seller has carried out its remedial actions. Any payments for Goods made prior to acceptance shall not constitute an acceptance of such Goods or impair any remedies of Buyer.

Inspection and Rejection of Nonconforming Goods. The Buyer Prairie Xxxxxxx has the right to inspect the Goods on or within a reasonable time after the Delivery Datedelivery date. The BuyerPrairie Xxxxxxx, at its sole option, may inspect all or a sample of the Goods, Goods and may reject all or any portion of the Goods if it determines that the Goods are nonconforming, nonconforming or defective, or do not meet the Buyer’s quality specifications, including without limitation, Goods that have been sent out for external processing. If the Buyer Prairie Xxxxxxx rejects any portion of the Goods for nonconformanceGoods, defectiveness, or inferior quality, the Buyer it 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 specific Goods and require replacement of the rejected Goods. If the Buyer Prairie Xxxxxxx requires replacement of the Goods, the Seller shall, at its expense, promptly replace the nonconforming rejected Goods and pay for all related expenses, including, but not limited toincluding without limitation, transportation charges for the return of the defective goods rejected 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 18. Any inspection or other action by the Buyer Prairie Xxxxxxx under this Section shall not reduce or otherwise affect the Seller's ’s obligations under the Order, Order and the Buyer Prairie Xxxxxxx shall have the right to conduct further inspections after the Seller has carried out its remedial actions. In the event of concealed damage which is not discovered during inspection, yet found upon complete unpacking of the Order, Seller shall be notified in writing with Prairie Xxxxxxx taking action as specified in this Section.

Inspection and Rejection of Nonconforming Goods. The Buyer XxXxx Property Development has the right to inspect the Goods on or after the Delivery Date. The BuyerXxXxx Property Development, 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 or defective, or do not meet the Buyer’s quality specifications, including without limitation, Goods that have been sent out for external processing. If the Buyer XxXxx Property Development rejects any portion of the Goods for nonconformanceGoods, defectiveness, or inferior quality, the Buyer XxXxx Property Development has the right, effective upon written notice to the Seller, to 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 the Buyer XxXxx Property Development requires replacement of the Goods, the 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 the Seller fails to timely deliver replacement Goods, the Buyer XxXxx Property Development may replace them with goods from a third party and charge the Seller the cost thereof and terminate this Order Agreement for cause pursuant to Section 1817. Any inspection or other action by the Buyer XxXxx Property Development under this Section shall not reduce or otherwise affect the Seller's ’s obligations under the OrderAgreement, and the Buyer XxXxx Property Development shall have the right to conduct further inspections after the Seller has carried out its remedial actions.