Inspection of Products. Distributor will only be required to pay for the Products which are provided to Distributor free of defects at the time of pick up at Company's warehouse. Auditors of Distributor shall promptly and immediately inspect all containers for damage and shall not accept any containers that do not pass that inspection. The Company will either not charge Distributor for, or shall provide a credit to Distributor for, any damaged containers Distributor receives from the Company and which Distributor discovers to be damaged during its prompt inspection of such containers upon their receipt by Distributor. The Company shall not be responsible for, and Distributor shall indemnify, defend and hold the Company wholly harmless from, any damages, loss, claim, liability or expense of any customer of Distributor caused, in whole or in part, by a damaged container. The Products will be deemed received free of defects unless (i) any patent defects in the Products are noted on the delivery receipt at the time of delivery to Distributor and immediate written notice thereof is provided to the Company, or (ii) the Company is notified in writing or in any manner acceptable to the Company within thirty (30) days after delivery of any of the Products containing latent defects. The Company will not be responsible for damages occurring during shipment to the Distributor at Distributor's warehouse or during delivery by Distributor, at its customers' premises, during return from the Customer to Distributor, or during the return from Distributor to the Company.
Inspection of Products. The Licensee must allow the Licensor to inspect a copy of any Products on request for the purpose of ensuring compliance with obligations under this Agreement. The Licensor is not obligated to inspect Products and inspection does not affect the obligations of the Licensor or Licensee in respect of such Products.
Inspection of Products. All Products shall be received subject to Buyer’s inspection and/or rejection. Defective Products or Products not in accordance with Buyer’s specifications will be held for Seller’s instructions and at Seller’s risk, and, if Seller so directs, will be returned at Seller’s expense. Payment for Products prior to inspection shall not constitute an acceptance thereof. Returned Products will be deducted from total shipments.
Inspection of Products. Customer shall inspect all Products promptly upon receipt. Any Products that fail in a material way to meet applicable specifications that are not rejected in writing within 30 calendar days of receipt shall be deemed accepted. Customer must contact Company and obtain Company’s prior written authorization before returning any Products. Customer will be responsible for all shipping charges for any Products that have been improperly rejected or returned without authorization. In no event shall Company be liable for any repair, replacement or shipment of Products which have been damaged or abused by Customer or its agents.
Inspection of Products. (a) The Operator is not bound to check the Products or their quality, conditions and conformity with their description and/or, as the case maybe, the completeness or correctness of the Additional Documents. Without prejudice to Clause 3.4, the Operator shall, however, be entitled, on or before taking delivery of any Products, to measure, test or examine the Products and check the Additional Documents for the purposes of inspection or verification if the Operator suspects that the contents have been incompletely or incorrectly described and/or incomplete or incorrect Additional Documents have been furnished to the Operator. The Customer shall bear the cost of the Operator’s inspection and verification.
(b) The Customer may appoint, at its own cost and expense, an independent inspector(s), the identity of which shall be approved by the Operator, to ascertain the quality of the Products at the Terminal. The decision of such inspector(s), if appointed, shall be treated and accepted by the Customer and the Operator as conclusive and shall be final and binding upon the Operator and the Customer, save in the case of fraud or manifest error, as to the quality of the Products so loaded or unloaded. If no inspector is appointed, then in such an event the qualities ascertained by the Operator shall be binding for both Parties.
Inspection of Products. All Product shall be received subject to Buyer’s inspection and testing from time to time at all reasonable times and places, including without limitation during the period of manufacture, and in any event prior to acceptance. Buyer shall have a reasonable time to inspect the Product after arrival at their destination, but in no event less than thirty (30) days. Upon notice, Buyer may make inspection visit(s) at the site where the Products are being designed or manufactured, or services are being performed. If Buyer determines that part of the Product are not in accordance with Buyer’s instructions, specifications, drawings, and data or Seller’s warranties (express and implied), or otherwise unsatisfactory to Buyer in its reasonable discretion, Buyer has the right to (a) reject any such Product and cancel any unshipped portion of the applicable Contract without charge or expense to Buyer, and Seller shall reimburse Buyer for any amounts paid by Buyer on account of the purchase price of such rejected Products, and Seller shall immediately reimburse Buyer for any damages incurred by Buyer in connection with Seller’s provision of such defective Product, or (b) require Seller to immediately replace all rejected goods at no extra cost to Buyer, re-perform any rejected services in a manner acceptable to Buyer, and reimburse Buyer for any damages incurred by Buyer in connection with Seller’s provision of such defective Products. Products rejected or those which are supplied in excess of quantities called for herein may be returned to Seller at Seller’s expense and risk of loss. Payment for the Product prior to inspection shall not constitute acceptance thereof and shall be made without prejudice to any and all claims that Buyer may have against Seller. In the event the Product must be installed, tested, inspected or assembled prior to commercial use, they shall not be deemed finally accepted until such installation, testing, inspection or assembly, as the case may be, indicates that the Product are in accordance with specifications and are operating properly. Nothing contained in a Contract shall relieve Seller from its obligations of testing, acceptance and quality control. Seller will bear all risk of loss and will be responsible for any and all loss or damage to the Product. Buyer is not requested to inspect Product, and no inspection or failure to inspect will reduce or alter Seller’s obligations under the Contract and will not impair or waive Buyer’s rights ...
Inspection of Products. In the event Santarus desires to use the Licensed LCP Xxxx other than as provided in the Trademark Use Guidelines, Santarus agrees that at LifeCycle’s reasonable request, Santarus or its sublicensee, as applicable, shall provide LifeCycle with representative specimens of the Licensed Product bearing the Licensed LCP Xxxx and of any packaging, labeling, advertising, and promotional material bearing the Licensed LCP Xxxx. The nature, quality, construction, workmanship, styling, and materials of all of the Licensed Products sold bearing the Licensed LCP Xxxx as permitted under this Agreement and all of the advertising, packaging, publicity material, and promotional material therefor shall be of a high standard and quality and shall in no manner reflect adversely upon the Licensed LCP Xxxx or the LifeCycle, and shall be consistent with the specimens provided pursuant to this Section.
Inspection of Products. The Distributor shall thoroughly inspect the Products within 30 days from the date of landing at the port designated by him and will lodge, within SUCH period any claim in respect of any deliveries, found to be deficient or damaged. Within 10 days from the date on which the above mentioned period of time for inspection has expired, the Distributor shall submit to the Vendor a report concerning all warranty claims based on that delivery. The claim will not prejudice or suspend the Vendor's right to receive payment in full for such delivered Products. Failure by the Distributor to submit any such Warranty claims within the specified period shall constitute a waiver of any such claim which could be found at an inspection arid shall be deemed as an unconditional acceptance of the Products by the Distributor which may not thereafter be revoked.
Inspection of Products. Zomedica will conduct any incoming inspection tests within 10 Business Days after the date of receipt of a shipment of Products. Any Product not rejected by Zomedica by written notice to Qorvo within such time period will be deemed accepted. In the event that any of the Products fail to comply with the then current Specifications for the applicable Products, Zomedica will report the same to Qorvo and provide supporting documentation with respect to such non-conformance and proceed in accordance with Section 11.3.2 (Defective Instrument).
Inspection of Products. (APR 2013)
(a) The contractor shall use and maintain a written inspection or quality control system acceptable to the judiciary for the products under this contract. The contractor shall tender to the judiciary for acceptance only products which have been inspected in accordance with the acceptable inspection system and have been found by the contractor to be in conformity with contract requirements. As part of the system, the contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the judiciary during contract performance and for at least three years after acceptance. The judiciary has the right to evaluate the acceptability and effectiveness of the contractor's inspection system before award and during contract performance. This evaluation may be used to determine the extent of judiciary inspection and testing, but this does not waive its right to inspect and test all items. The right of review, whether exercised or not, does not relieve the contractor of the obligations under the contract.
