Common use of Inspection; Rejection Clause in Contracts

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.

Appears in 2 contracts

Samples: Purchase Order Agreement, Purchase Order Agreement

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Inspection; Rejection. At Buyer’s option, Buyer may (a) approve 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.

Appears in 2 contracts

Samples: Purchase Order Agreement, Purchase Order Agreement

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Inspection; Rejection. At Buyer’s option, Buyer may (a) approve or its representative may but shall not be obligated to inspect and test all products which are the subject of this order at any plans time and specifications for at any place upon reasonable notice to Seller. Buyer has the goods prepared by Seller prior right to Seller commencing manufacture, assembly and/or production of inspect the goods and (b) inspect the to reject any or all goods during manufacturethat, 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 optionreasonable judgment, may (a) holdare defective. In addition to whatever rights Buyer may have, at Seller’s expense subject to Seller’s disposal all rejected goodsgoods so rejected, (b) return all rejected goods may be returned to Seller at Seller’s expense. Buyer may also charge Seller all expenses of unpacking, including transportation examining, repacking and handling costs, (creshipping such goods. if any inspection or test is made on the premises of the Seller or any of its subcontractors, the Seller or subcontractor as applicable shall provide such facilities and assistance as may be necessary for the safety and convenience of the person(s) require carrying out such inspection or test without additional charge. No inspection or testing shall affect or diminish any duties or obligations of the Seller to repair or replace at Seller’s expense any rejected goods, (d) require Seller to refund the price under this order. Buyer shall be notified in advance of any rejected goods, inspection or (e) repair defects test to be performed and deduct shall be provided with the cost results of replacement such inspection and tests forthwith upon completion thereof. If any discrepancies or rejection that would otherwise result in cancellation conflicts exist between this order and any of the orderdrawings, plans, specifications and other documents attached hereto or referred to herein, they shall be brought to the Buyer’s attention immediately. Acceptance Pending Buyer’s resolution of such discrepancies or conflicts, Seller shall not proceed with 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 work in any goods ordered hereby, failure to conform to data, failure to meet any scheduled date, or other breach of the purchase orderquestion unless approved in writing.

Appears in 1 contract

Samples: Purchase Order

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