Common use of INSPECTION BEFORE DELIVERY Clause in Contracts

INSPECTION BEFORE DELIVERY. Buyer may, in its sole discretion, but not more than twice a year, perform a source inspection of the Products at the JVC’s facility. The applicable testing and inspection process shall be set forth in the applicable Product Specification. The source inspection shall be at the JVC’s facility and shall be made within thirty (30) days after the Products are available and ready for inspection, provided that the JVC delivers notice to Buyer that the Product shall be ready for source inspection as soon as practicable and in any event at least thirty (30) days prior to the date when Products are expected to be available and ready for inspection. Should the Product fail the initial inspection in accordance with the mutually agreed inspection standard before delivery, the JVC shall reimburse Buyer for the additional actual costs, including airfare, meals, and lodging, incurred by Buyer arising from any additional inspection. The JVC shall be responsible for its own additional costs incurred. Buyer’s Representatives may witness any test necessary or appropriate to demonstrate the performance of Products. Upon Buyer’s request, the JVC shall provide any relevant equipment performance test data. Buyer’s approval for release shall not constitute a waiver of its right to inspect Products after delivery to the Buyer’s facility.

Appears in 3 contracts

Samples: Joint Venture Agreement, Joint Venture Agreement (Sunpower Corp), Joint Venture Agreement (Sunpower Corp)

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INSPECTION BEFORE DELIVERY. Buyer may, in its sole discretion, but not more than twice a year, perform a source inspection of the Products at the JVC’s 's facility. The applicable testing and inspection process shall be set forth in the applicable Product Specification. The source inspection shall be at the JVC’s 's facility and shall be made within thirty (30) days after the Products are available and ready for inspection, provided that the JVC delivers notice to Buyer that the Product shall be ready for source inspection as soon as practicable and in any event at least thirty (30) days prior to the date when Products are expected to be available and ready for inspection. Should the Product fail the initial inspection in accordance with the mutually agreed inspection standard before delivery, the JVC shall reimburse Buyer for the additional actual costs, including airfare, meals, and lodging, incurred by Buyer arising from any additional inspection. The JVC shall be responsible for its own additional costs incurred. Buyer’s 's Representatives may witness any test necessary or appropriate to demonstrate the performance of Products. Upon Buyer’s 's request, the JVC shall provide any relevant equipment performance test data. Buyer’s 's approval for release shall not constitute a waiver of its right to inspect Products after delivery to the Buyer’s 's facility.

Appears in 1 contract

Samples: Supply Agreement (Sunpower Corp)

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