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, and not in lieu of any remedies available to Buyer.
Appears in 5 contracts
Samples: General Conditions of Purchase, General Conditions of Purchase, General Conditions of Purchase
INSPECTION AND WARRANTY. 5.1 Unless otherwise specified6.1 Where applicable and upon Buyer’s request, Seller shall provide Buyer with adequate written evidence to prove that Seller’s suppliers are ISO-9000 certified or has obtained other equivalent quality and/or processes certification.
6.2 With 7 days prior notice and upon Seller’s consent, Buyer may audit Seller’s production processes and perform reasonable quality inspections. Seller shall cooperate and provide necessary assistance with Buyer to carry out such audit/inspection. Nevertheless, whether Buyer carries out such audit/inspection will not affect Buyer’s rights to perform final inspection of Products as according to Parties’ agreed upon specifications and other inspection procedures, or any other rights that Buyer entitles to under this Agreement. And, upon Buyer’s notice, Seller shall remain liable for any defects discovered after receipt of Products.
6.3 Seller shall provide free maintenance services for two years from Buyer’s acceptance of Goods and/or Services received against the Purchase Order will take place at the “ship to” facility mentioned Products, any other warranty period designated in the Purchase Orderrelevant P/O, or Buyer customer’s required warranty period, whichever is the longest (“Warranty Period”). Seller warrants that all Goods Such maintenance services shall not mitigate or Services supplied relieve any Seller’s obligations under the Purchase Order conform to the mutually agreed specification, drawings, samples or other descriptions furnished by Buyerlaws.
5.2 6.4 In the event of any Products dead on arrival, Seller shall comply with all applicable statutory and regulatory requirements relating to the manufacture, labelling, packaging, storage, handling and delivery of the Goodsexchange such Products in whole or in part within 7 days upon Buyer’s request.
5.3 Goods rejected shall be held 6.5 In the event where the recurring defect rate exceeds 3% within 1 month, or exceeds 5% within 3 consecutive months, Buyer may require Seller to recall all or part of such Products at Seller’s risk cost. Seller shall be liable for any costs and are returnable expenses arising therefrom, and compensate Buyer for all damages so incurred.
6.6 If, while within the Warranty Period, Seller breaches any warranties specified in this Agreement, or the Product is not in conformity with the requirements of this Agreement or otherwise defective (“Non-complying Product”), Buyer may at its sole discretion and in addition to any other remedies provide by law or under this Agreement: (1) return the Non-complying Product for reworking, or replacement with a functionally equivalent product at Seller’s expense for credit at the full price (including but not limited to freight, customs and shall not count insurance premium) and risk, within such time 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 designated 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 reject such Products in part or in whole and entitle to an appropriate price reduction. Buyer only needs to pay the price as adjusted. In the event that Buyer already paid the price with the original amount, Seller shall refund the overpaid portion to Buyer; or (3) implement any other solution or compensation as mutually agreed by Parties.
6.7 Seller agrees that the period of time to replace or repair defective Products as provided in the Article 6.6 shall be excluded from the date calculation of delivery to Warranty Period.
6.8 Seller shall remove Buyer’s and/or Buyer’s customers’ company name, trademark, nameplate, part number, symbol and/or any descriptive designs on all returned or rejected Product (including packing), regardless of whether such Products were ordered and/or customized by 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, and not in lieu of any remedies available to Buyer.
Appears in 4 contracts
Samples: Materials Purchase Agreement, Materials Purchase Agreement, Materials Purchase Agreement
INSPECTION AND WARRANTY. 5.1 Unless otherwise specified, 6.1 Final inspection and acceptance of Goods and/or Services received against by the Purchase Order Company will take place be at the “ship to” facility mentioned Company's Site unless otherwise specified or directed by the Company.
6.2 Notwithstanding the above, the Contractor shall not unreasonably refuse any request by the Company to inspect and test the Goods during manufacture, processing or storage at the premises of the Contractor or any third party prior to despatch, and the Contractor shall provide the Company with all facilities reasonably required for inspection and testing.
6.3 If as a result of inspection or testing the Company is not satisfied that the Goods will comply or comply in all respects with the Purchase Order. Seller Contract, and the Company so informs the Contractor, the Contractor shall take such steps as are necessary to ensure compliance.
6.4 The Contractor warrants that all any Goods or Services supplied by the Contractor under the Purchase Order this Contract shall conform to the mutually agreed specificationspecifications, drawings, samples or other descriptions or instructions furnished or adopted by Buyer.
5.2 Seller shall comply with all applicable statutory the Company 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 that the Goods are of good material and workmanship, free from defects, merchantable and fit for their intended purpose purpose. The initial inspection performed by the Company on receipt of the Goods is a conditional acceptance and shall not waive the right of the Company to return Goods to the Contractor which develops defects due to latent causes during installation and tests of the end product. The Contractor will repair, replace or reinstall any Goods at its own cost within the time instructed by the Company in which case accordance with any notification received from the Seller shall be debited with Company. If the costs thereofContractor fails to rectify the defect in full within the time determined by the Company, the Company may rectify the defect not rectified or engage another party to do so at the Contractor's risk and cost.
5.4 If required Seller 6.5 The Contractor warrants to the Company that any Services performed by the Contractor under the Contract will make process control databe performed by appropriately qualified and trained personnel, inspection with due care and diligence and to such high standard of quality as it is reasonable for the Company to expect in such circumstances.
6.6 The Contractor agrees that shipment of Goods against this Contract constitutes certification that all Goods included in this shipment conform in all respects to the applicable specifications and drawings and other terms of the Contract. Inspection and test reports (if applicable) covering the Goods and their parts are available for review and subject to examination by Buyer the Company or its the Company's 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. 6.7 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 duration 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 warranties set forth in Clause 6.4 for 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 extend for a period of two twenty-four (224) years months from the date of delivery of the Goods to Buyerthe Company’s Site (“Goods Warranty Period”). However, the duration of the warranties with respect to the Goods, and any associated services, that is repaired, replaced, modified, or otherwise altered after handing over shall extend for a further period of six (6) months from the date of completion of such repair, replacement, modification or alteration.
5.9 Seller 6.8 If any Service performed is found within a period of eighteen (18) months from the date of acceptance of Services by the Company (“Services Warranty Period”) to be deficient, the Contractor shall inform buyer of any risk involved in at the usage written notification of the GoodsCompany, re-perform the same, at the expense of the Contractor within the time determined by the Company. Seller must also inform Buyer If the Contractor fails to so re-perform within the time determined by the Company, the Company may engage another party to do so at the Contractor's risk and cost. The Services Warranty Period for the reperformed Service shall be extended by a period equivalent to the period commencing from the date of such risk even if the warranty period has expired, or if said notification to the risk is not covered by warrantydate of completion of the reperformed Service.
5.10 The forgoing remedies are in addition to, 6.9 Nothing herein shall prejudice or limit the Company’s rights to claim for loss and not in lieu of damage as may be allowed under any remedies available to Buyerlaw.
Appears in 2 contracts
Samples: General Conditions of Purchase, General Conditions of Purchase
INSPECTION AND WARRANTY. 5.1 Unless otherwise specifiedA. The Equipment shall have been inspected and where applicable tested prior to shipment to determine if the same conforms to the relevant specifications and Copyer's reference manuals and other technical information it has published. Buyer shall also have the right to conduct its own inspection test of the Equipment within thirty (30) days after the date of delivery. If Buyer determines that the items do not substantially so conform, acceptance it shall, within fifteen (15) days after completion of Goods and/or Services received against the Purchase Order will take place inspection, notify SSUI and request SSUI to institute a consulting inspection. Even if the ensuing inspection results in a disagreement as to the conformity of the item(s), SSUI shall use its best efforts to achieve the required conformation at the “ship to” facility mentioned in the Purchase Orderleast possible expense. Seller warrants that all Goods or Services supplied under the Purchase Order conform If such effort does not yield a result satisfactory to the mutually agreed specification, drawings, samples or other descriptions furnished by Buyer.
5.2 Seller shall comply with all applicable statutory Buyer 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 exercises 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 rejection SSUI has the right to access repair or replace, at SSUI's option, rejected Equipment at no charge (including transportation charge) within thirty (30) days after SSUI's receipt of Buyer's fifteen (15) day notice. Should it be subsequently determined that Buyer has wrongfully rejected such item(s), Buyer shall be liable to SSUI for all locations where expenses incurred. Upon shipment to Buyer, Equipment must be paid for within the Goods are manufactured or Services are performedtime frames provided in this Agreement, even if thereafter rejected by Buyer for nonconformance under the circumstances set forth herein. In the event that SSUI does not replace rejected Equipment within the time frame specified above, SSUI shall grant Buyer a credit in an amount equal to the invoice price of the rejected item against future payments to be made by Buyer for Equipment hereunder. Such credit shall be reversed and invoiced when the replacement is effected.
5.8 Unless a longer period B. THE EQUIPMENT SOLD TO BUYER HEREUNDER IS SOLD "AS IS" AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE USE OR PERFORMANCE OF THE EQUIPMENT. SSUI WILL NOT BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE (UNLESS CAUSED BY SSUI'S NEGLIGENCE), LOSS OF PROFIT OR OTHER INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE EQUIPMENT, OR FOR ANY DAMAGES (REGARDLESS OF THEIR NATURE) TO THE EXTENT CAUSED BY BUYER'S FAILURE TO FULFILL ITS RESPONSIBILITIES AS SET FORTH IN THIS AGREEMENT. IN NO EVENT SHALL SSUI'S LIABILITY HEREUNDER EXCEED THE STATED SELLING PRICE OF THE EQUIPMENT TO BUYER.
C. Buyer acknowledges that (i) SSUI has made no representations regarding software programming, and the design and implementation thereof, and shall have no liability for use or performance of any such programming or the Equipment in connection with the systems of Buyer's customers, even though Buyer discusses the same from time to time with SSUI employees, and (ii) payment for the Equipment is set forth an independent obligation of Buyer and is not contingent on or dependent upon the face services and performance of independent vendors of other components or software.
D. SSUI shall make available to Buyer on such terms as are generally offered to SSUI's other customers for the Purchase OrderEquipment, Seller’s warranty any modification kits, retrofits or other assistance being furnished by SSUI to assist such customers in correcting epidemic failures in the Equipment or in complying with federal and state laws applicable to the Equipment, it being understood that any such kits or retrofits shall be effective for a period of two (2) years from furnished without charge if made available generally by SSUI to comply with mandatory health or safety laws applicable to the date of delivery to BuyerEquipment.
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 warrantyE. IT IS UNDERSTOOD AND AGREED THAT UPON SELLING OR LEASING THE INK JET PLOTTER THAT CONTAINS THE EQUIPMENT BUYER SHALL DELIVER ITS OWN WARRANTY TO ITS CUSTOMERS.
5.10 The forgoing remedies are in addition to, and not in lieu of any remedies available to Buyer.
Appears in 1 contract
INSPECTION AND WARRANTY. 5.1 Unless otherwise specified, 6.1 Final inspection and acceptance of Goods and/or Services received against by the Purchase Order Company will take place be at the “ship to” facility mentioned Company's Site unless otherwise specified or directed by the Company.
6.2 Notwithstanding the above, the Contractor shall not unreasonably refuse any request by the Company to inspect and test the Goods during manufacture, processing or storage at the premises of the Contractor or any third party prior to dispatch, and the Contractor shall provide the Company with all facilities reasonably required for inspection and testing.
6.3 If as a result of inspection or testing the Company is not satisfied that the Goods will comply or comply in all respects with the Purchase Order. Seller Contract, and the Company so informs the Contractor, the Contractor shall take such steps as are necessary to ensure compliance.
6.4 The Contractor warrants that all any Goods or Services supplied by the Contractor under the Purchase Order this Contract shall conform to the mutually agreed specificationspecifications, drawings, samples or other descriptions or instructions furnished or adopted by Buyer.
5.2 Seller shall comply with all applicable statutory the Company 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 that the Goods are of good material and workmanship, free from defects, merchantable and fit for their intended purpose purpose. The initial inspection performed by the Company on receipt of the Goods is a conditional acceptance and shall not waive the right of the Company to return Goods to the Contractor which develops defects due to latent causes during installation and tests of the end product. The Contractor will repair, replace or reinstall any Goods at its own cost within the time instructed by the Company in which case accordance with any notification received from the Seller shall be debited with Company. If the costs thereofContractor fails to rectify the defect in full within the time determined by the Company, the Company may rectify the defect not rectified or engage another party to do so at the Contractor's risk and cost.
5.4 If required Seller 6.5 The Contractor warrants to the Company that any Services performed by the Contractor under the Contract will make process control databe performed by appropriately qualified and trained personnel, inspection with due care and diligence and to such high standard of quality as it is reasonable for the Company to expect in such circumstances.
6.6 The Contractor agrees that shipment of Goods against this Contract constitutes certification that all Goods included in this shipment conform in all respects to the applicable specifications and drawings and other terms of the Contract. Inspection and test reports (if applicable) covering the Goods and their parts are available for review and subject to examination by Buyer the Company or its the Company's 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. 6.7 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 duration 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 warranties set forth in Clause 6.4 for 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 extend for a period of two twenty-four (224) years months from the date of delivery to Buyer.
5.9 Seller shall inform buyer of any risk involved in the usage of the Goods to the Company’s Site (“Goods Warranty Period”). However, the duration of the warranties with respect to the Goods. Seller must also inform Buyer of such risk even if the warranty period has expired, and any associated services, that is repaired, replaced, modified, or if the risk is not covered by warranty.
5.10 The forgoing remedies are in addition to, and not in lieu otherwise altered after handing over shall extend for a further period of any remedies available to Buyer.six
Appears in 1 contract
Samples: General Conditions of Purchase