Common use of Inspection of Products Clause in Contracts

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 or remedies.

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 DISH reserves the period of manufacture, and in any event prior to acceptance. Buyer shall have a reasonable time right to inspect the Product after arrival Products and reject defective and/or non-conforming Products and shipments. DISH shall not be liable for any payment to Supplier if DISH rejects the Products. DISH, in its sole and absolute discretion, may, at their destination, but in no event less than any time within 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 days following DISH’s receipt of the Product are not in accordance with Buyer’s instructionsProducts, specifications, drawings, and data reject all 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 Products or expense shipment if it determines that any Products are defective or nonconforming or if a shipment is incomplete and/or otherwise fails to Buyer, and Seller shall reimburse Buyer for any amounts paid by Buyer on account of conform to 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 lossPurchase Order. Payment for the Product prior to inspection Products provided under the Purchase Order shall not constitute acceptance thereof and shall be made without prejudice to any and all claims that Buyer may have against Sellerthereof. In the event the Product must be installed, tested, inspected or assembled prior to commercial use, they DISH shall not be deemed finally to have accepted until delivery of the Products contained in a particular shipment upon providing its signature to the carrier delivering such installation, testing, inspection shipment. If DISH rejects any non-conforming Products or assemblyshipment: (a) failure to deliver conforming Products or a conforming shipment, as the case may be, indicates that shall constitute a material breach of this Agreement; and (b) DISH may, in DISH’s sole and absolute discretion: (i) terminate the Product are Agreement in accordance with specifications Section 15; (ii) purchase substitute Products elsewhere 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 charge Supplier for any additional costs and all loss or damage expenses incurred relating to the Productpurchase of such substitute Products (including, without limitation, any additional costs and expenses relating to expedited shipping); and/or (iii) return all Products, some or all of any excess Products shipped or the non-conforming portion of the Products shipped to Supplier for full credit or refund of the purchase price and charge Supplier for the costs and expenses of any incurred inbound and outbound freight and any reasonable handling, storage and inspection charges. Buyer is Partial acceptance of the Products shall not requested bind DISH to inspect Product, and no inspection accept any future shipments nor deprive DISH of the right to return Products already accepted or failure to inspect will reduce or alter Seller’s obligations under the Contract and will not impair or waive Buyerlimit DISH’s rights and/or remedies with respect to any undelivered or remediesnon-conforming Products. DISH assumes no liability for material produced, processed or shipped in excess of the amount specified in the Purchase Order.

Inspection of Products. All Product shall be received subject 9.1. The Supplier is required to Buyer’s inspection and testing from time submit the Products to time a thorough inspection, at all reasonable times and placesits own expense, including without limitation during the period of manufacture, prior to delivering them to N+P. The Supplier is required to notify N+P in a timely manner (no later than one week in advance) 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 writing 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 scheduled time of the applicable Contract without charge or expense inspection, so as 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 assemblyenable N+P or, as the case may be, indicates that a third party engaged by N+P to be present at such an inspection if desired. 9.2. N+P shall be entitled at any time prior to or after supply/delivery of the Product Products to inspect or examine the Products or have the Products inspected or examined at the expense of the Supplier. Any inspection or examination of Products will take place on the basis of the requirements set out in clause 8. The Supplier shall be obliged to cooperate to any inspection/examination of Products by N+P. If the inspection takes place before the Products are delivered to N+P, the Supplier will make space, staff and material support available to N+P upon request and at no cost. 9.3. N+P shall not be deemed to have accepted any Products until it has had a reasonable time to inspect them following delivery or after any latent defect has become apparent. Inspection, examination or testing by or on behalf of N+P, whether before or after delivery of the Products, or the signing of any delivery note or other document acknowledging physical receipt of any Products, shall not (i) be deemed to constitute or evidence acceptance or approval of the Products, (ii) be deemed a waiver of N+P's rights either to cancel or return all or any part of the Products or any other right of N+P where the Products are found to be defective or not in accordance with specifications the Agreement or these Terms and are operating properlyConditions, and (iii) discharge the Supplier from any liability in this respect. 9.4. Nothing contained If after an inspection or examination N+P is of the opinion that the Products fail to meet the Agreement, their requirements and/or these Terms and Conditions, N+P shall as soon as possible notify the Supplier of this in a Contract writing. In that event N+P shall relieve Seller from its obligations have the right to demand replacement or repair of testing, acceptance the Products in question or part thereof and/or supply/delivery of Products other than those which the Supplier had intended to supply/deliver to N+P such at the expense and quality control. Seller will bear all risk of loss the Supplier, or to terminate the Agreement, without prejudice to N+P's other rights under the Agreement, these Terms and Conditions or the applicable law. 9.5. If the Products have already been delivered by the Supplier before the inspection is carried out and the Agreement is subsequently terminated by N+P on the basis of that inspection, the Supplier will, at its own expense and risk, collect the Products or cause the Products to be collected at the premises of N+P within five working days after receiving the notice referred to in clause 9.4. If this term expires without the Products having been collected by the Supplier, N+P will be responsible entitled to have a third party transport the Products to an address known to N+P that is used by the Supplier, at the expense and risk of the Supplier. If the Products have already been paid for by N+P, the Supplier will refund the sum paid by N+P without delay, increased by statutory interest pursuant to Section 6:119a of the Dutch Civil Code as of the date of payment by N+P until the date on which the sum is repaid. 9.6. In the event of any and all loss or damage remaining debt to the ProductSupplier after N+P has paid a due and payable debt to the Supplier, N+P will always be entitled to set off such payment against any due and payable or any other receivables that N+P has against the Supplier. Buyer is not requested If no debt to inspect Productthe Supplier remains or exists, and no inspection or failure the Supplier will be required to inspect will reduce or alter Sellerpay N+P’s obligations under receivable against the Contract and will not impair or waive BuyerSupplier at N+P’s rights or remediesfirst request.