Inspection; Rejection a. In the event that Seller delivers defective or non-conforming Goods, Buyer shall have the option to: i) reject the entire lot, ii) perform 100% screening and accept only those Goods found to be conforming, or iii) rework defective or non-conforming Goods, while retaining all Buyer’s remedies, including cancelling this Order for default as provided for in the Article entitled “Termination for Default”. Buyer will notify Seller prior to any rework and/or sorting operations to be performed by Xxxxx. Buyer and Seller will agree on the costs that Seller will be liable for as a result of Xxxxx’s rework and/or sorting operations. If Buyer selects options i) or ii) above, Seller, at its own expense, shall ship conforming replacement Goods and provide a Return Material Authorization to Buyer within one (1) day of notification by Buyer of the selected option.
b. If any inspection or test is made by Buyer and/or its customer on the premises of Seller or a lower tier subcontractor, Seller without additional charge shall provide all reasonable facilities and assistance for the safety and convenience of Buyer and/or customer inspectors in the performance of their duties. In the case of rejection, Buyer shall not be liable for any reduction in value of samples used in connection with such inspection or test. All inspections and tests by Buyer and/or its customer shall be performed in such a manner as not to unduly delay the work. Buyer reserves the right to charge to Seller any additional cost of inspection and test when Goods are not ready at the time such inspection and test was requested by Seller or when reinspection or retest is necessitated by prior rejection. Unless otherwise provided herein, final inspection and acceptance of rejection of Goods shall be made as promptly as practicable after delivery to Buyer’s facility. Buyer’s failure to inspect or accept or reject Goods in a timely manner shall neither relieve Seller from full compliance with all requirements of this Order, nor impose responsibility on Buyer thereafter.
c. Seller shall provide and maintain an inspection system acceptable to Buyer covering the Goods hereunder. Records of all test and inspection work by Seller shall be kept complete and available to Buyer and/or its customer for ten (10) years following completion of an order or subcontract.
d. Inspection and test by Buyer or its customer of any Goods or lots thereof does not relieve Seller from any responsibility regarding defects or other fa...
Inspection; Rejection. At Buyer’s option, Buyer may
(a) approve any plans and specifications for the goods prepared by Seller prior to Seller commencing manufacture, assembly and/or production of the goods and (b) inspect the goods during manufacture, assembly and/or production. All goods are subject to final inspection and approval by Buyer as to quality of material and workmanship; conformance to specifications, drawings, notes, instructions, engineering notes, technical data and/or samples supplied by Buyer (“data”); and general acceptability of goods. Final inspection shall be at the specified delivery site unless otherwise agreed in writing. Without limiting any other rights it may have Buyer, at Buyer’s option, may
(a) hold, at Seller’s expense subject to Seller’s disposal all rejected goods, (b) return all rejected goods to Seller at Seller’s expense, including transportation and handling costs,
(c) require Seller to repair or replace at Seller’s expense any rejected goods, (d) require Seller to refund the price of any rejected goods, or (e) repair defects and deduct the cost of replacement or rejection that would otherwise result in cancellation of the order. Acceptance of any portion of the goods ordered shall not obligate Buyer to accept future shipments nor be deemed a waiver of Buyer’s rights hereunder or under law. Neither acceptance of any shipment nor payment of any contract price by Buyer shall constitute a waiver of damages or other remedies for any defects in any goods ordered hereby, failure to conform to data, failure to meet any scheduled date, or other breach of the purchase order.
Inspection; Rejection. 6.5.1 The Seller or its designated representative shall inspect the Equipment at the loading port for quality assurance. The Buyer will have the right to be present at the time of such inspection, and the Seller shall provide Buyer with reasonable prior notice of any such inspection.
6.5.2 The Buyer may reject from any shipment any Equipment which is defective or deficient, or which does not otherwise conform to the Specifications.
Inspection; Rejection. All Purchased Goods/Services shall be delivered subject to inspection by the University within a reasonable time. Payment by the University shall not constitute acceptance by the University as to quality or quantity. If any Purchased Goods/Services are rejected by the University on reasonable grounds, the Supplier shall forthwith replace or repair the relevant goods or properly perform the services at its own cost. The Supplier will bear the cost of any inspection of Purchased Goods/Services where such inspection leads to a rejection by the University.
Inspection; Rejection. All Goods are subject to DynaIndustrial’s inspection and acceptance on delivery. If rejected, the Goods will be held for disposal at Supplier’s risk and expense. No payment, inspection or acceptance of any part or all of the Goods will relieve Supplier from full responsibility of furnishing Goods conforming to the requirements of the Purchase Order.
Inspection; Rejection. Payment for the items or services or both will not constitute acceptance of the goods or services provided by Buyer. Seller will not substitute any items or services or both without Buyer’s prior written approval. Buyer may count, test and inspect all items and services furnished hereunder and reject any such items and services which are in excess of quantities ordered, defective or nonconforming. All or part of such rejected items may be returned at Seller’s expense, including, without limitation, all transportation and handling costs. All or part of such rejected services may be replaced or completed at Seller’s expense. Nothing in this Purchase Order will relieve Seller from its obligations of testing, inspection and quality control.
Inspection; Rejection. Perkxx-Xxxxx xxxl inspect all Purchased Product received for defects and for conformance with the purchase order. Perkxx-Xxxxx xxx reject any Purchased Product that is defective or that fails to conform to the purchase order. Any such rejection must be made within ten days (10) of receipt of the Purchased Product by Perkxx-Xxxxx. Xx reject a Purchased Product, Perkxx-Xxxxx xxxl notify Epoch of its rejection and will promptly return the rejected Purchased Product to Epoch. Epoch will immediately replace the Purchased Product with conforming goods.
Inspection; Rejection. Upon receipt by PURCHASER, all goods and services purchased pursuant to this Purchase Order will be subject to final inspection and approval. Such inspection will be made within a reasonable time after receipt of the goods and services, irrespective of the date of payment therefor. In the event any goods are found to be nonconforming, PURCHASER may reject same, and, in such event, PURCHASER shall notify VENDOR and, at PURCHASER’s option: (i) PURCHASER shall hold the goods for VENDOR’s account, or (ii) PURCHASER shall return the goods, freight collect, to VENDOR. PURCHASER may charge VENDOR for costs of reasonable handling, storage and inspection of non-conforming goods. PURCHASER shall have no liability or obligation whatsoever with respect to VENDOR’s nonconforming goods held in its possession for VENDOR’s account or returned to VENDOR. In no event shall VENDOR have more than ten (10) days from receipt of PURCHASER’s notice of the nonconformity to cure such nonconformity or to replace the nonconforming goods. Further, if services are not performed to the reasonable satisfaction of PURCHASER and in accordance with applicable specifications, such services will be re-performed at no cost to PURCHASER. The remedies set forth herein shall be cumulative and in addition to the other remedies available to PURCHASER at law or equity
Inspection; Rejection. Xxxxxxx shall inspect, perform its quality assurance tests, and accept or reject, the corresponding batch as conforming or non-conforming with the Product Specifications [*], the timely resolution of all error and deviation records and if, applicable, batch samples. If Xxxxxxx rejects the batch as being non-conforming, it shall promptly notify Pfizer. If, as a result of further review and testing, Pfizer determines that the batch does conform to the Product Specifications or is otherwise not defective, the Parties shall mutually confer to find the root cause of the disagreement regarding batch non-conformity. If the Parties do not agree that a non-conformity exists, the Parties shall then submit samples of such batch to an independent laboratory acceptable to both Parties as further provided in Section 5.8(f).
Inspection; Rejection. 14.1. All Goods and Services are subject to Buyer's right of inspection and rejection on or after the Delivery Date. Buyer, in its sole discretion, may inspect all or a sample of the Goods and/or Services, and may reject all or any portion of the Goods and/or Services if it determines the Goods and/or Services are defective or otherwise do not conform to the descriptions or specifications delivered in connection with the PO or otherwise communicated to Seller in writing. If Buyer rejects any portion of the Goods and/or Services, Buyer has the right, in its sole discretion, effective upon written notice to Seller, to: (i) terminate all or any portion of the PO; (ii) accept the defective or non-conforming Goods and/or Services (as applicable) at a reduced Price; (iii) reject the defective or non-conforming Goods and/or Services and require the replacement or re-performance thereof; or (iv) reject the defective or non-conforming Goods and/or Services and require a refund of the Price thereof and any other related costs incurred by Buyer.
14.2. If Buyer requires replacement or re-performance of non-conforming Goods and/or Services, Seller will, at its sole cost and expense, promptly replace or re-perform the non-conforming Goods and/or Services and pay for all related costs and expenses, including, without limitation, transportation charges for the return of the non-conforming Goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods or re-perform Services, Buyer may replace the non-conforming Goods and/or Services with goods and/or services from a third party and charge Seller the cost thereof and terminate the PO for cause.
14.3. Any inspection or other action by Buyer will not reduce or otherwise affect Seller's obligations under the PO, and Buyer will have the right to conduct further inspections after Seller has carried out its remedial actions. Acceptance of Goods and/or Services by Buyer will not occur unless and until:
(i) with respect to Goods installed by Seller, any acceptance tests or programs described in the PO or attachments thereto are completed to Buyer's satisfaction, as evidenced by an acceptance certificate signed by Buyer; (ii) with respect to Goods not installed by Seller, Buyer has not notified Seller, within thirty (30) days following receipt of the Goods by Buyer, that Goods are defective or otherwise do not conform to Buyer’s specifications; or (iii) with respect to any Services performed by Sell...
