Inspection and Return Sample Clauses

Inspection and Return. Customer will use reasonable efforts to test and inspect the Products and notify Manufacturer of any: (a) errors in ordered quantities; (b) nonconformities of the Product with the agreed applicable Specifications; (c) defects in material or workmanship; or (d) damage occurring as result of delivery. In the event Customer rejects any Products based on the foregoing, then Manufacturer will, in each instance, provide Customer a Return Material Authorization (“RMA”) for full purchase price number and shipping instructions for such returns. Manufacturer will be responsible for and will pay all Shipping Costs incurred by Customer in connection with shipping such Products to Manufacturer as well as any Shipping Costs for shipping replacement Products to Customer, unless Manufacturer can demonstrate to Customer that the Products returned to Manufacturer do not exhibit any nonconformities or defects. Upon receipt of delivery of the Products, Customer shall conduct an acceptance inspection within [*] ([*]) days and after the inspection period, the Products shall be deemed accepted, and Customer may not claim the rejection rights of Section 6.4. Any nonconformities or defects discovered after acceptance will be subject to the rights provided in Section 9.
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs
Inspection and Return. The terms of this Section govern the return of items and supersede the return provisions of any other document.
Sample 1Sample 2
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.
Sample 1Sample 2
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.
Sample 1Sample 2
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
Sample 1
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.
Sample 1
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.
Sample 1
AutoNDA by SimpleDocs
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.
Sample 1
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.
Sample 1

Related to Inspection and Return

  • Inspection and Reporting Each Grantor shall permit the Collateral Agent, or any agent or representatives thereof or such professionals or other Persons as the Collateral Agent may designate, not more than once a year in the absence of an Event of Default, (i) to examine and make copies of and abstracts from such Grantor's records and books of account, (ii) to visit and inspect its properties, (iii) to verify materials, leases, Instruments, Accounts, Inventory and other assets of such Grantor from time to time, (iii) to conduct audits, physical counts, appraisals and/or valuations, examinations at the locations of such Grantor. Each Grantor shall also permit the Collateral Agent, or any agent or representatives thereof or such professionals or other Persons as the Collateral Agent may designate to discuss such Grantor's affairs, finances and accounts with any of its officers subject to the execution by the Collateral Agent or its designee(s) of a mutually agreeable confidentiality agreement.

  • INSPECTION AND REJECTION 8.1 Purchaser shall have the right to inspect and test Products at any time prior to shipment, and within a reasonable time after delivery to the Purchaser’s Destination. Products not inspected within a reasonable time after delivery shall be deemed accepted by Purchaser. The payment for Products shall in no way impair the right of Purchaser to reject nonconforming Products, or to avail itself of any other remedies to which it may be entitled. 8.2 If any of the Products are found at any time to be defective in material or workmanship, damaged, or otherwise not in conformity with the requirements of this Agreement or any applicable Purchase Order, as its exclusive remedy, Purchaser may at its option and at Vendor’s sole cost and expense, elect either to (i) return any damaged, non-conforming or defective Products to Vendor for correction or replacement, or (ii) require Vendor to inspect the Products and remove or replace damaged, non-conforming or defective Products with conforming Products. If Purchaser elects option (ii) in the preceding sentence and Vendor fails promptly to make the necessary inspection, removal and replacement, Purchaser, at its option, may inspect the Products and Vendor shall bear the cost thereof. Payment by Purchaser of any invoice shall not constitute acceptance of the Products covered by such invoice, and acceptance by Purchaser shall not relieve Vendor of its warranties or other obligations under this Agreement. 8.3 The provisions of this Article shall survive the expiration or termination of this Agreement.

  • Books and Records; Inspection and Examination The Borrower will keep accurate books of record and account for itself pertaining to the Collateral and pertaining to the Borrower's business and financial condition and such other matters as the Lender may from time to time request in which true and complete entries will be made in accordance with GAAP and, upon the Lender's request, will permit any officer, employee, attorney or accountant for the Lender to audit, review, make extracts from or copy any and all corporate and financial books and records of the Borrower at all times during ordinary business hours, to send and discuss with account debtors and other obligors requests for verification of amounts owed to the Borrower, and to discuss the Borrower's affairs with any of its directors, officers, employees or agents. The Borrower will permit the Lender, or its employees, accountants, attorneys or agents, to examine and inspect any Collateral, other collateral covered by the Security Documents or any other property of the Borrower at any time during ordinary business hours.

  • Inspection and Retention of Records In addition to any other requirement under this Agreement or at law, Party must fulfill all state and federal legal requirements, and will comply with all requests appropriate to enable the Agency of Human Services, the U.S. Department of Health and Human Services (along with its Inspector General and the Centers for Medicare and Medicaid Services), the Comptroller General, the Government Accounting Office, or any of their designees: (i) to evaluate through inspection or other means the quality, appropriateness, and timeliness of services performed under this Agreement; and (ii) to inspect and audit any records, financial data, contracts, computer or other electronic systems of Party relating to the performance of services under Vermont’s Medicaid program and Vermont’s Global Commitment to Health Waiver. Party will retain for ten years all documents required to be retained pursuant to 42 CFR 438.3(u).

  • Cooperation and Records Retention Seller and Buyer shall (i) each provide the other with such assistance as may reasonably be requested by any of them in connection with the preparation of any return, audit, or other examination by any taxing authority or judicial or administrative proceedings relating to liability for Taxes, (ii) each retain and provide the other with any records or other information that may be relevant to such return, audit or examination, proceeding or determination, and (iii) each provide the other with any final determination of any such audit or examination, proceeding, or determination that affects any amount required to be shown on any tax return of the other for any period. Without limiting the generality of the foregoing, Buyer and Seller shall each retain, until the applicable statutes of limitations (including any extensions) have expired, copies of all tax returns, supporting work schedules, and other records or information, in a timely manner, as and that may be relevant to such returns for all tax periods or portions thereof ending on or before the Closing Date and shall not destroy or otherwise dispose of any such records without first providing the other party with a reasonable opportunity to review and copy the same.

  • EVALUATION AND MONITORING The ORGANIZATION agrees to maintain books, records and other documents and evidence, and to use accounting procedures and practices that sufficiently and properly support the complete performance of and the full compliance with this Agreement. The ORGANIZATION will retain these supporting books, records, documents and other materials for at least three (3) calendar years following the year in which the Agreement expires. The COUNTY and/or the State Auditor and any of their representatives shall have full and complete access to these books, records and other documents and evidence retained by the ORGANIZATION respecting all matters covered in and under this Agreement, and shall have the right to examine such during normal business hours as often as the COUNTY and/or the State Auditor may deem necessary. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, and records of matters covered by this Agreement. These access and examination rights shall last for three calendar years following the year in which the Agreement expires. The COUNTY intends without guarantee for its agents to use reasonable security procedures and protections to assure that related records and documents provided by the ORGANIZATION are not erroneously disclosed to third parties. The COUNTY will, however, disclose or make this material available to those authorized by/in the above paragraph or permitted under the provisions of Chapter 42.56 RCW without notice to the ORGANIZATION. The ORGANIZATION shall cooperate with and freely participate in any other monitoring or evaluation activities pertinent to this Agreement that the COUNTY finds needing to be conducted.

  • Inspections and Reports 2.1 The department may inspect, in the manner and at reasonable times it considers appropriate, all the contractor's facilities and activities under this contract. 2.2 The contractor shall make progress and other reports in the manner and at the times the department reasonably requires.

  • Audit, Inspection and Visitation The Adviser shall make available to the Trust during regular business hours all records and other data created and maintained pursuant to the foregoing provisions of this Agreement for reasonable audit and inspection by the Trust or any regulatory agency having authority over the Trust.

  • Examination and Review (i) After receipt of the Closing Working Capital Statement, Seller will have *** (***) days from the date on which Buyer has provided to Seller all access and information reasonably requested for such purposes (the “Review Period”) to review the Closing Working Capital Statement. During the Review Period, Seller and its accountants will have full access to the relevant books and records of Buyer, the personnel of, and work papers prepared by, Buyer and/or Buyer’s accountants to the extent that they relate to the Closing Working Capital Statement and to such historical financial information (to the extent in Buyer’s possession) relating to the Closing Working Capital Statement as Seller may reasonably request for the purpose of reviewing the Closing Working Capital Statement and to prepare a Statement of Objections. (ii) On or prior to the last day of the Review Period, Seller may object to the Closing Working Capital Statement by delivering to Buyer a written statement setting forth Seller’s objections in reasonable detail, indicating each disputed item or amount and the basis for Seller’s disagreement therewith (the “Statement of Objections”). If Seller fails to deliver the Statement of Objections before the expiration of the Review Period, then the Closing Working Capital Statement and the Post-Closing Adjustment, as the case may be, reflected in the Closing Working Capital Statement will be deemed to have been accepted by Seller. If Seller delivers the Statement of Objections before the expiration of the Review Period, Buyer and Seller will negotiate in good faith to resolve such objections within *** (***) days after the delivery of the Statement of Objections (the “Resolution Period”), and, if the same are so resolved within the Resolution Period, then the Post-Closing Adjustment and the Closing Working Capital Statement with such changes as may have been previously agreed in writing by Buyer and Seller, will be final and binding.

  • Information and Inspection Pledgor shall (i) promptly furnish Bank any information with respect to the Collateral requested by Bank; (ii) allow Bank or its representatives to inspect and copy, or furnish Bank or its representatives with copies of, all records relating to the Collateral and the Obligation; and (iii) promptly furnish Bank or its representatives with any other information Bank may reasonably request.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!