INSPECTION AND RETURN Sample Clauses

INSPECTION AND RETURN. VTAL shall promptly, but in no event later than thirty (30) days, after the date of installation of the R2 Product at an Installed Base Site, on a Server or on a VTAL Workstation, inform R2 of a defect in the R2 Product. R2 shall replace such defective copy with a new copy, free of charge.

INSPECTION AND RETURN. At the end of the Term: (a) the parties must conduct an inspection of the Equipment and, based on that inspection, Komatsu will prepare the Final Inspection Report which must be signed by both parties and any expenses incurred by Komatsu to repair or rectify any defects in the condition of the Equipment in order to comply with the Rental Return Conditions must be paid by the Customer on demand by Komatsu; (b) the Customer must pay any outstanding Fees: (i) for Komatsu Quick Rent, on or before the Completion Date; and (ii) for Standard Rentals, within 30 days of the date of the invoice issued by Komatsu; (c) the Customer must: (i) make the Equipment available to Komatsu at the Site and provide all reasonable assistance for its removal or otherwise return the Equipment to Komatsu; and (ii) return to Komatsu the keys, the Operation and Maintenance Manual and any instruction and/or maintenance manuals provided with the Equipment. If the keys and Operation and Maintenance Manual are not returned to Komatsu, the Customer must pay Komatsu the replacement cost at Komatsu’s then current price list rate.

INSPECTION AND RETURN. All Goods are received subject to inspection within a reasonable time after delivery or before delivery at the Purchaser’s discretion irrespective of date of payment. Signed delivery dockets do not mean acceptance by the Purchaser of Goods delivered but only the number of packages or cartons delivered. The Purchaser must promptly notify the Supplier of any defects, and hold any defective Goods on the Supplier’s instructions and at the Supplier’s risk for a reasonable period not exceeding 60 days. If the Supplier’s instructions are not received within that period, the Purchaser may return the defective Goods to the Supplier’s premises at the Supplier’s expense and risk and any expense incurred by the Purchaser in such return is payable forthwith by the Supplier and may be set off by the Purchaser against any moneys otherwise due by the Purchaser to the Supplier.

INSPECTION AND RETURN. The terms of this Section govern the return of items and supersede the return provisions of any other document.

INSPECTION AND RETURN. 6.1 The Lessor shall have the right, upon reasonable prior notice to the Lessee and during the Lessee's regular business hours, to inspect each item of Leased Equipment at the premises of the Lessee where such item is located. 6.2 Upon the termination of this Trailer Lease with respect to any item of Leased Equipment, such item shall be returned at the Lessee's expense at its address set forth above or any other address in Chittenden County, Vermont identified by a written notice to the Lessee from the Lessor.

INSPECTION AND RETURN. 8.1 For the purposes of inspection the Supplier shall allow the Company or its nominated representative access to the Supplier's premises and any other premises at which the Goods are fabricated, produced, stored or otherwise located, or where the Services are performed. When required by the Company, the Supplier shall furnish schedules and progress reports as required by the Company. Inspection or examination of Goods and/or the product of any Services by the Company at any time shall not be construed as evidence of acceptance of the Goods or Services, or otherwise derogate from or release the Supplier from any of its obligations or responsibilities under this agreement. 8.2 All Goods shall be accepted by the Company subject to inspection after delivery (or before delivery at the Companys' discretion), and all Services shall be accepted by the Company subject to inspection of the product of those Services after performance, in each case irrespective of date of payment. Signed delivery dockets shall not mean acceptance by the Company of any of the Goods delivered but only the number of packages, cartons or items delivered. 8.3 the Company will promptly notify the Supplier of any omissions or defects in the Goods and/or Services of which it becomes aware (“Defective Goods/Services”), and may direct the replacement, rectification, reperformance (on or off site) or return of the Defective Goods/Services. Upon receipt of notification from the Company under this clause, the Supplier must, as the Company instructs, promptly repair, replace or reperform the Defective Goods/Services at the Supplier's expense, or otherwise refund any monies paid by the Company in respect of the Defective Goods/Services. In respect of Defective Goods/Services that comprise: a) Services, then if the Company has required reperformance of the Services and the Supplier has not reperformed those Services within 21 days, the Company may itself perfrom, or procure from a third party, the same Services at the Supplier’s sole cost and expense; or b) Goods, then pending confirmation of the Company’s instructions by the Supplier, the Company shall hold the defective Goods for a period not exceeding 21 days. If the Supplier's confirmation is not received within that period, the Company may return the defective Goods to the Supplier at the Supplier's expense and any expense incurred by the Company in such return will be payable forthwith by the Supplier and may be offset by the Company against a...

INSPECTION AND RETURN. 11.1 STA shall include a proper Certificate of Analysis with each shipment of Product. All Product shall be received subject to TESARO’s prior right of inspection and rejection. 11.2 TESARO shall have a reasonable time, but not more than [***] ([***]) days after delivery, to inspect delivered Product and to reject any Nonconforming Product. With respect to latent Nonconformities and Nonconformities not discoverable by TESARO within [***] ([***]) days of delivery through the use of reasonable inspection methods and procedures, TESARO shall give notice to STA within [***] ([***]) days following detection of any such Nonconformity. 11.3 If as the result of the receiving inspection, any Product is found to have a Nonconformity, TESARO shall notify STA, and at TESARO’s option, STA shall promptly (i) refund the invoice price for the Nonconforming Product, or (ii) Rework or Reprocess the Nonconforming Product, at STA’s cost and expense, so that the Nonconforming Product can be deemed to conform to Product Specifications and the other requirements set forth in Sections 5.2 (ii) and (iii). If such Rework or Reprocess is not possible or is reasonably disapproved by TESARO, then STA will, at STA’s expense, replace the Nonconforming Product with Product that conforms with the requirements set forth in Section 5.2. In either case, STA shall be responsible at its expense for arranging for the removal of the Nonconforming Product from TESARO’s or its designee’s facility. 11.4 If the representatives of the Parties do not reach an agreement in terms of Non-confirming Product, then TESARO and STA shall (each acting reasonably and in good faith) elect an independent third party expert to review the data and/or conduct testing and make a final determination regarding the cause of the non-conformance and the steps to be undertaken (if any) to overcome the non-conformance, which shall be binding upon both TESARO and STA. The fees and expenses of the testing and/or consultant, as applicable, incurred in making such determination will be paid by the party against whom the determination is made.

INSPECTION AND RETURN. 5.1 Once the Goods have been delivered in accordance with clause 4.1 MPM Pty Ltd will: (a) inspect the Goods; and (b) if the Goods are not acceptable, MPM Pty Ltd will provide written notification of such to the Supplier. 5.2 If the delivered Goods are not acceptable to MPM Pty Ltd, MPM Pty Ltd may at its election and at the Supplier’s expense: (a) convert or repair the Goods into a condition acceptable to MPM Pty Ltd; or (b) return the Goods to the Supplier. 5.3 MPM Pty Ltd may, at its election, deduct the cost of the conversion, repair or return from any money owed by MPM Pty Ltd to the Supplier under this Purchase Order or any other Purchase Order or Purchase Order between the parties.

INSPECTION AND RETURN. Attachment A identifies three categories of Equipment: (a) New Machines, which are new machines to be delivered by SELLER to BUYER in IBM sealed packaging; (b) Used Machines, which are machines that are in good working order but that have been used or are otherwise delivered to BUYER in open IBM packaging; and (c) Features, which may be new or used and in good working order. BUYER shall inspect each item of Equipment upon delivery, and BUYER shall be responsible for notifying SELLER of any defect or damage to an item of Equipment or of any claim arising hereunder in accordance with the following schedule: (a) as to a New Machine, within *** days after delivery of the New Machine; (b) as to a Used Machine, within *** days after delivery of the Used Machine; and (c) as to a Feature, within *** days after delivery of the Feature. BUYER's failure to advise SELLER of such defect, damage or claim within the applicable time period specified above will release SELLER from any liability for damages therefor. If BUYER notifies SELLER of such damage or defect within the applicable time period specified above, then BUYER may return the damaged or defective Equipment to SELLER (with SELLER to pay for shipping), and BUYER will have no obligation to pay for such Equipment. If BUYER notifies SELLER that any Used Machine or Feature is missing manuals, cables, etc. within the applicable time period specified above, SELLER shall have *** days after receipt of such notice to *CONFIDENTIAL MATERIAL REDACTED AND FILED SEPARATELY WITH THE COMMISSION