INSPECTION AND WARRANTY. 5.1 Unless otherwise specified, acceptance of Goods and/or Services received against the Purchase Order will take place at the “ship to” facility mentioned in the Purchase Order. Seller warrants that all Goods or Services supplied under the Purchase Order conform to the mutually agreed specification, drawings, samples or other descriptions furnished by Buyer.
5.2 Seller shall comply with all applicable statutory and regulatory requirements relating to the manufacture, labelling, packaging, storage, handling and delivery of the Goods.
5.3 Goods rejected shall be held at Seller’s risk and are returnable at Seller’s expense for credit at the full price and shall not count as having been delivered unless Seller agrees with Buyer to make the Goods fit for their intended purpose in which case the Seller shall be debited with the costs thereof.
5.4 If required Seller will make process control data, inspection and test reports covering the Goods and their parts available for review and subject to examination by Buyer or its authorised representative to verify conformance to such applicable specifications and drawings. However, a certificate of conformance must accompany individual shipments when so specified on applicable drawings, or on the Purchase Order.
5.5 Inspection may be performed at Buyer’s option on a statistical sampling basis. The entire delivery may be rejected based on defects revealed by such sampling. At Buyer’s option, the rejected Goods will be either returned to the Seller for replacement or credit or 100% screened by Buyer with the cost of screening paid by Seller.
5.6 The initial inspection performed by Buyer upon receipt of Goods is a conditional acceptance, and shall not waive the right of Buyer to return to Seller Goods which exhibit or develop defects due to latent causes during or after installation or testing of the end product.
5.7 For the purpose of auditing Seller’s Quality Management System and/or processes Buyer has the right to access to all locations where the Goods are manufactured or Services are performed.
5.8 Unless a longer period is set forth on the face of the Purchase Order, Seller’s warranty shall be effective for a period of two (2) years from the date of delivery to Buyer.
5.9 Seller shall inform buyer of any risk involved in the usage of the Goods. Seller must also inform Buyer of such risk even if the warranty period has expired, or if the risk is not covered by warranty.
5.10 The forgoing remedies are in addition to,...
INSPECTION AND WARRANTY. (a) In the event of any shortage, damage or discrepancy in or to a shipment of Systems or in the event any of the Systems fail to comply with the then current Specifications for the Systems, Medtronic shall report the same to CMI and furnish such written evidence or other documentation as CMI reasonably may deem appropriate. If the substantiating evidence delivered by Medtronic demonstrates that such shortage, damage or discrepancy or non-conformity with Specifications existed at the time of delivery of the Systems at the F.O.B. point, Medtronic may return the Systems to CMI at CMI's expense, and at Medtronic's request CMI shall use all reasonable efforts to deliver promptly replacement Systems to Medtronic in accordance with the delivery procedures set forth herein.
(b) CMI represents and warrants to Medtronic that all Systems sold and delivered to any account under this Agreement will have been manufactured, if required by law, in accordance with FDA Good Manufacturing Practices, European Medical Device Directive requirements, ISO 9001 certification or successor requirements, and all other applicable manufacturing requirements, and that continually during the term of this Agreement no Systems delivered by CMI to Medtronic or to any Medtronic account shall be adulterated or misbranded at the time of delivery within the meaning of the U.S. Food, Drug and Cosmetic Act and regulations thereunder. CMI shall cause Medtronic's regulatory personnel to be provided with reasonable access from time to time to the facilities and records of CMI for the purpose of confirming CMI's compliance with all applicable requirements noted in this Section.
(c) CMI warrants to Medtronic and to Medtronic's customers that Systems sold by CMI will not infringe any currently issued patents, trade secrets, trademarks, or other intellectual property rights of any third party, and that such products shall, when delivered at the F.O.B. point, meet the Specifications and shall be free from defects in materials and workmanship. Medtronic shall invoice CMI for, and CMI shall promptly pay, Medtronic's reasonable labor charges and Medtronic's out-of-pocket materials, handling, shipping, transportation, insurance and other expenses actually incurred in replacing defective Systems which were under warranty.
(d) THE WARRANTIES SET FORTH ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHICH ARE HEREBY DISCLAIMED AND EXCLUDED BY CMI, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF M...
INSPECTION AND WARRANTY. 10.1 Upon receipt of shipment hereunder, Buyer shall inspect the Products under such shipment. Claims for shortages, incorrect materials or invoicing errors must be made by Buyer within twenty (20) days after receipt of shipment. Claims for non-receipt of shipment must be made within twenty (20) days after receipt of invoice. Claims for defects in material, workmanship or failure to meet specifications must be made within the time period specified below.
10.2 Division warrants that the Products furnished hereunder will at the time of shipment, and for the period specified in Appendix 2 ("Warranty Period"), be free from defects in material and workmanship under normal use and service and will conform to Division's applicable standard written specifications.
10.3 Should any Product prove defective by reason of improper material or workmanship or failure to meet the specifications, and if Buyer shall have so notified Division in writing within the period specified above and shall have specified in such notice the alleged defects and/or failures, and if such Product is found to Division's satisfaction to be nonconforming, Division shall, at Division's option, either repair or replace such defective Product at Division's cost or refund the purchase price of such defective Product within sixty (60) days after receipt of such defective Product. Division shall not be required to remove or install any Products from or into Buyer's product(s) or system(s) for the purpose of such repair or replacement.
10.4 Notwithstanding the above, Division shall have no warranty, liability or obligation to the Buyer with respect to any software which may be contained on any media Products; or any Products which have been subjected to operating and/or environmental conditions in excess of the maximum values therefor in the applicable specifications or otherwise have been subjected to abuse, misuse, improper use, improper testing, negligence, accident, alteration, tampering or faulty repair, such as, by way of example, any Product that has been reconfigured by Buyer; or any Product which has been altered, repaired or modified other than upon Division's prior written approval; or any Product subjected to unusual physical, electrical or environmental stress or improper installation; or any Product that has any foreign equipment or component, either residing in Buyer's chassis or connecting to it other than via a Division-supplied interface device, unless such foreign equipment or comp...
INSPECTION AND WARRANTY. 4.1. Pre-Delivery inspection requirements, if applicable, shall be carried out in accordance with the provisions stated in the Purchase Order or Zoerkler’s applicable inspection procedure.
4.2. Zoerkler will carry out an inspection of the Delivery Item for any visible defects within a reasonable period in the normal course of business after Delivery. If Zoerkler discovers defects in the Delivery Item, this shall be notified to the Supplier within a reasonable period of time. If such a defect appears later, it shall be notified to the Supplier within 3 (three) weeks from the date of knowledge of the defect. For the preservation of Zoerkler's rights the timely dispatch of the notification by e-mail to the usual responsible contact person at the Supplier is sufficient, this also applies, if the notification is not received by the Supplier. The provisions of Articles 13 and 19 of this Agreement shall apply accordingly.
4.3. Zoerkler shall have the right at any time to refuse to accept Delivery Items that do not correspond to the Purchase Order or product specifications or do not fit the purpose of the Purchase Order. The risk and costs for rejected Delivery Items are borne by the Supplier. Any refused Delivery shall be considered as undelivered.
4.4. Unless otherwise specified in the Purchase Order, in the event of a defect in any part or parts of the Delivery within 36 (thirty six) months after completion of the Delivery, the Supplier's warranty shall apply and the Supplier shall remedy such defect, at Zoerkler's discretion either by repair or replacement. The warranty period for the Delivery Items in the form of replacement shall begin anew with the Delivery of replaced parts to Zoerkler. If repair or replacement is not possible or if the Supplier does not comply within a reasonable period of time, Zoerkler has the right at its discretion to a price reduction or cancellation of the Agreement and/or the Purchase Order. Insofar as Zoerkler insists on repair or replacement, Zoerkler is entitled to withhold the entire payment until complete fulfilment of the due Delivery.
4.5. All costs in terms of Article 13 of this Agreement incurred by Zoerkler due to the defective Delivery Items as well as all costs incurred by the Supplier in the course of warranty, insofar as a defect occurs, shall be borne entirely by the Supplier.
INSPECTION AND WARRANTY. 8.01 Buyer shall have seven (7) days after acceptance to have an inspection performed, at Buyer's expense, of the Property. Buyer shall notify Seller in writing within three (3) days after inspection of any new material defects, which have not been previously disclosed to Buyer by Seller on the Residential Property Disclosure Form, to the Property. Additionally, should Buyer claim any new material defect exists, Buyer agrees to provide to Seller a copy of said inspection report along with the aforementioned notice. "Material defects" are those defects which materially and adversely affect the value and use of the Property. If Seller agrees within five (5) days after notification to correct said defect(s), then this Agreement shall remain in full force and effect, except that the parties agree to postpone the Closing Date for a reasonable period of time, if necessary, for Seller to complete said repairs. If Seller does not so elect, then Buyer, at Buyer's option, may either (i) waive such defect(s) and accept the Property in its "AS IS" condition or (ii) terminate this Agreement. Buyer shall notify Seller in writing of Buyer's intent within three (3) days of Seller's notification. Seller agrees to provide reasonable access to the property for Buyer or its agents to inspect said property. Also Seller agrees to provide reasonable access to the property for Buyer to review any such conditions corrected by Seller. If Buyer elects to terminate this Agreement as provided in this section, the xxxxxxx money shall be returned to the Buyer, and the parties agree to execute a mutual release.
8.02 Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The Seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.
8.03 BUYER SHALL PURCHASE THE PROPERTY IN ITS "AS IS" CONDITION WITHOUT ANY REPRESENTATION OR WARRANTY MADE BY OR ON BEHALF OF THE SE...
INSPECTION AND WARRANTY. 7.1 Goods purchased are subject to inspection and approval by the Buyer or Buyers customer, at ultimate destination. Title to, and (except as hereinafter provided) risk of loss for the goods shall pass only upon delivery to, and inspection at, ultimate destination.
7.2 Vendor expressly warrants that all goods ordered to specifications will conform thereto and to drawings, samples or other descriptions furnished by Buyer or if not ordered to specifications will be fit and sufficient for the purpose intended, and that all articles will be merchantable, of good quality and workmanship, and free from defect for a period of one year from date of final acceptance by the Buyer or longer if so required by the Contract.
7.3 The buyer has the right to return defective material or over-shipments at the expense of the Vendor for credit at the full price but without prejudice to any other rights of the Buyer as herein contained or as conferred by law.
INSPECTION AND WARRANTY. (a) In the event of any shortage, damage or discrepancy in or to a shipment of Systems or in the event any of the Systems fail to comply with the then current Specifications for the Systems, Medtronic shall report the same to ESI and furnish such written evidence or other documentation as ESI reasonably may deem appropriate. If the substantiating evidence delivered by Medtronic demonstrates that such shortage, damage or discrepancy or non-conformity with Specifications ---------- ***/Denotes confidential information that has been omitted from the exhibit and filed separately, accompanied by a confidential treatment request, with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933. existed at the time of delivery of the Systems at the F.O.B. point, Medtronic may return the Systems to ESI at ESI's expense, and at Medtronic's request ESI shall use all reasonable efforts to promptly deliver replacement Systems to Medtronic in accordance with the delivery procedures set forth herein.
(b) ESI represents and warrants to Medtronic that all Systems sold and delivered to any account under this Agreement will have been manufactured, if required by law, in accordance with FDA Good Manufacturing Practices, European Medical Device Directive requirements, ISO 9000 series certification, and all other applicable manufacturing requirements, and that continually during the term of this Agreement no Systems delivered by ESI to Medtronic or to any Medtronic account shall be adulterated or misbranded at the time of delivery within the meaning of the U.S. Food, Drug and Cosmetic Act and regulations thereunder. ESI shall cause Medtronic's regulatory personnel to be provided with reasonable access from time to time to the facilities and records of ESI for the purpose of confirming ESI's compliance with all applicable requirements noted in this Article.
(c) ESI warrants to Medtronic and to Medtronic's customers the Systems in accordance with the warranty attached hereto as Schedule 2.
INSPECTION AND WARRANTY. 8.1 Promptly after the receipt of the Products, the Distributor shall inspect or shall cause its qualified agent to inspect the Products at the Distributor’s cost, to insure that the quality standards have been met as agreed to in writing by the parties. If, upon receipt of the Products after proper and thorough inspection to be performed no later than fourteen (14) days after receipt, any of the Products is found not to be in compliance with the quality standards set by the Supplier, the Supplier shall replace the Products or the part of a Products not meeting the quality standards, and shall indemnify the Distributor against any direct damage incurred actually by the Distributor.
8.2 The Supplier warrants that the Products of Supplier shall be free from defects in material and workmanship for a period of one (1) year from installation of the Product. This warranty does not extend to any of the said Products which have been: (1) subjected to misuse, neglect, accident or abuse, (2) improperly repaired, or altered or modified in any way, and (3) used in violation of instructions furnished by the Supplier.
8.3 Claims by the Distributor in regard to any defect in the Products shall be in writing and be dispatched by the Distributor with full particulars within 30 days after the receipt of the Products.
8.4 The parties agree that the implied warranties of merchantability and fitness for a particular purpose and all other warranties or guarantees, express or implied, are excluded from this transaction and shall not apply for the Products.
INSPECTION AND WARRANTY. A. FAR 52.246-2 Inspection of Supplies-Fixed Price applies. Notwithstanding any prior inspection or test payment, or receiving document, supplies are subject to final inspection and acceptance at destination stated herein.
INSPECTION AND WARRANTY. The Purchaser has the right to inspect the Goods and/or the Services on or after the delivery date. The Purchaser, at its sole option, may inspect all or a sample of the Goods and/or the Services, and may reject all or any portion of the Goods and/or the Services if it determines the Goods and/or the Services are non-conforming or defective. If the Purchaser rejects any portion of the Goods and /or Services, it has the right, effective upon written notice to the Supplier, to: (i) terminate this Contract in its entirety; (ii) accept the Goods and/or Services at a reasonably reduced price; or (iii) reject the Goods and /or Services and require replacement of the rejected Goods and/or re-work of the rejected Services. All related costs and expenses shall be borne by Supplier. If the Supplier fails to timely deliver replacement Goods and/or re- work the Services, the Purchaser may replace them with goods or services from a third party and charge the Supplier the cost thereof and terminate this Contract for cause pursuant to Section 20 herein. For a period of 24 months after the date of delivery of the Goods and/or the Services (or such other period as is stated in the Purchase Order), the Supplier shall, with all possible speed and without cost to the Purchaser, replace, repair or make good any defective Goods or Services or any part thereof found to be defective whether due to faulty material, workmanship, design, or to any act or omission of the Supplier.
