Inspection, Testing, Acceptance and Rejection Sample Clauses

Inspection, Testing, Acceptance and Rejection. 4.1 The Seller shall provide, on request by the Buyer, tests in respect of the Goods to ensure compliance with their specifications. If so required, the Seller shall at its own cost furnish the Buyer a proof note or a certificate satisfactory to the Buyer to that effect. 4.2 All Goods delivered may be subject to inspection and/or testing by the Buyer and shall be deemed to have been accepted only when: (a) the Authority Representative or any person duly authorized by him, furnishes the Seller with an acceptance note; or (b) a period of 30 working days from the date of delivery has expired and the Goods have not been rejected by the Buyer, whichever date is the earlier. The time taken on the part of the Buyer in inspecting or testing the Goods shall not prejudice the Buyer’s right to reject the Goods or terminate the Purchase Order in whole or in part. 4.3 If the Buyer becomes aware of any shortfall in the Goods delivered, it shall notify the Seller. Upon being so notified, the Seller shall at the Buyer’s option either: (a) make an immediate additional delivery to make up the deficiency; or (b) issue a credit note for the shortfall. 4.4 The Buyer may reject any Goods delivered which are not in accordance with the Contract or which in the Buyer’s reasonable opinion do not conform with their specifications or which are defective or damaged, or not of merchantable quality or fit for the purpose for which they are reasonably intended or required. 4.5 Upon receipt of notice from the Buyer of the rejection of any Goods, the Seller shall at its own cost remove the same within 48 hours or the time frame specified by the Buyer. If the Seller fails to remove any rejected Goods within such period, the Buyer may dispose of the Goods as it sees fit and no liability shall attach in respect of such disposal. The Seller acknowledges and accepts that the Buyer bears no responsibility whatsoever for the custody of the rejected Goods from the time they are delivered to the Buyer to the time they are removed or disposed of. 4.6 Without prejudice to the Buyer’s other rights and remedies, statutory or otherwise, in the event of rejection the Buyer shall be entitled to one or more of the following remedies: (a) to require the Seller to supply replacement Goods; (b) to require the Seller to refund the price or any part of the price which has already been paid for the rejected Goods; and/or (c) obtain alternative supplies (whether equivalent or otherwise) from any other supplier an...
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Inspection, Testing, Acceptance and Rejection. 6.1 Company may inspect and test the Work and also reject any or all of the same not conforming as to quality, type, or quantity as stated on Exhibit B, even if payment has been made by Company to Contractor. Company shall be under no obligation or duty to inspect the Work. Unless Exhibit B or an FCR specifically provides otherwise, Company’s inspection of or failure to inspect any Work shall not limit, waive, release, or otherwise affect Contractor’s guaranties and warranties provided herein or relieve Contractor of any other responsibilities hereunder. Company’s failure to inspect any particular Work shall not be a continuing waiver of its right to inspect any future Work to be performed hereunder. 6.2 Contractor shall furnish to Company all information and data as may be reasonably required to perform Company’s inspection. Company reserves the right at any time to cancel or suspend the Work if Company’s inspection reveals that the Work being performed does not conform to applicable safety laws and/or regulations. 6.3 The right to test and reject non-conforming Work includes, but is not limited to: processes, technical information, computer software, raw materials, components, intermediate assemblies, and end products. 6.4 Company shall have the absolute right to reject any Work that is deficient or non-conforming with respect to the specifications contained on Exhibit B or the warranties contained herein, and Company shall be under no obligation to pay for any such rejected Work. In the event Company accepts such Work, Company shall continue to retain any and all of its remedies provided by the terms of this Agreement, including, but not limited to, (a) conditionally accepting such defective or non-conforming Work subject to an equitable price reduction; (b) correcting or replacing such defective or non-conforming Work and back-charging Contractor for all costs incurred by Company; or (c) requiring Contractor to promptly repair or replace such defective or non-conforming Work or materials or equipment at Contractor’s sole expense. 6.5 All materials and equipment delivered or installed and Work performed by Contractor shall be deemed to be accepted when the same have been determined by Company in its discretion to be in conformance with the specifications contained on Exhibit B and the warranties provided herein. Company’s inspection or acceptance of or payment for any Work shall not constitute a waiver of any warranties, rights, or remedies. 6.6 Contrac...
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Related to Inspection, Testing, Acceptance and Rejection

  • ACCEPTANCE AND REJECTION a. Buyer shall accept the Services or give Seller notice of rejection within a reasonable time after the date of delivery. No payment, prior test, inspection, passage of title, any failure or delay in performing any of the foregoing, or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this Contract or impair any rights or remedies of Buyer. b. If Seller delivers defective or non-conforming Services, Buyer may at its option and at Seller's expense: (i) require Seller to promptly reperform, correct or replace the Services; (ii) correct the Services; or (iii) obtain replacement Services from another source. Return to Seller of defective or non-conforming Services and redelivery to Buyer of corrected or replaced Services shall be at Seller's expense. c. Seller shall not redeliver corrected or rejected Services without disclosing the former rejection or requirement for correction. Seller shall disclose any corrective action taken. All repair, replacement and other correction and redelivery shall be completed as Buyer may reasonably direct.

  • Acceptance Testing At the time of installation of a LIS trunk group, and at no additional charge, acceptance tests will be performed to ensure that the service is operational and meets the applicable technical parameters.

  • Acceptance Tests 11.1 If the Contract provides acceptance tests for Goods and/or the result of Services after their completion and/or delivery to the Purchaser, the acceptance shall only be considered as definitive when such tests have demonstrated the compliance of the Goods and/or the result of the Services to the requirements in the Contract. 11.2 Where the Contract provides for an acceptance procedure in the presence of both parties, at the successful completion of such procedure, the Purchaser shall issue the Supplier with an acceptance certificate which shall authorise the Supplier to invoice the Purchaser for any payment due on such acceptance. 11.3 The Purchaser shall at its discretion be entitled to issue and acceptancecertificate with reserves. The Supplier shall be obliged to remedy any non-conformities within the period set out in the acceptance certificate. Any payment which would otherwise have been due on acceptance may be withheld by the Purchaser in whole or part until the non- conformities underlying the reserves have been remedied.

  • Inspection/Testing In order to assess Supplier’s work quality and/or compliance with this Order, upon reasonable notice by Buyer: (a) all goods, materials and services related to the items purchased hereunder, including, raw materials, components, assemblies, work in process, tools and end products shall be subject to inspection and testing by Buyer, its customer, representative or regulatory authorities at all places, including sites where the goods are made or located or the services are performed, whether at Supplier’s premises or elsewhere; and (b) all of Supplier’s facilities, books and records relating to this Order shall be subject to inspection by Buyer or its designee. If specific Buyer and/or Buyer’s customer tests, inspection and/or witness points are included in this Order, the goods shall not be shipped without an inspector’s release or a written waiver of test/inspection/witness with respect to each such point; however, Buyer shall not be permitted to unreasonably delay shipment; and Supplier shall notify Buyer in writing at least twenty (20) days prior to each of Supplier’s scheduled final and, if applicable, intermediate test/inspection/witness points. Supplier agrees to cooperate with such/audit inspection including, completing and returning questionnaires and making available its knowledgeable representatives. Buyer’s failure to inspect or test goods, materials or services or Buyer’s failure to reject or detect defects by inspection or testing shall not relieve Supplier from its warranty obligations or any of its other obligations or responsibilities under this Order. Supplier agrees to provide small business as well as minority and/or women owned business utilization and demographic data upon request.

  • Inspection and Rejection of Nonconforming Goods The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

  • Inspection; Acceptance The Contractor (immixTechnology, Inc.) can only, and shall only tender for acceptance those items that substantially conform to the software manufacturer’s (“Qualtrics”) published specifications. Therefore, items delivered shall be considered accepted upon delivery. The Government reserves the right to inspect or test any supplies or services that have been delivered. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-(1) Within the warranty period; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

  • Commercial Operation Date Testing and Modifications Prior to the Commercial Operation Date, the Connecting Transmission Owner shall test the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability Upgrades and Developer shall test the Large Generating Facility and the Developer Attachment Facilities to ensure their safe and reliable operation. Similar testing may be required after initial operation. Developer and Connecting Transmission Owner shall each make any modifications to its facilities that are found to be necessary as a result of such testing. Developer shall bear the cost of all such testing and modifications. Developer shall generate test energy at the Large Generating Facility only if it has arranged for the injection of such test energy in accordance with NYISO procedures.

  • Acceptance; Rejection A holder of Notes may accept the offer to prepay made pursuant to this Section 8.3 by causing a notice of such acceptance to be delivered to the Company not later than 15 days after receipt by such holder of the most recent offer of prepayment. A failure by a holder of Notes to respond to an offer to prepay made pursuant to this Section 8.3 shall be deemed to constitute a rejection of such offer by such holder.

  • Laboratory Testing All laboratories selected by UPS Freight for analyzing Controlled Substances Testing will be HHS certified.

  • INSPECTION AND REJECTION 8.1 Purchaser shall have the right to inspect and test Products at any time prior to shipment, and within a reasonable time after delivery to the Purchaser’s Destination. Products not inspected within a reasonable time after delivery shall be deemed accepted by Purchaser. The payment for Products shall in no way impair the right of Purchaser to reject nonconforming Products, or to avail itself of any other remedies to which it may be entitled. 8.2 If any of the Products are found at any time to be defective in material or workmanship, damaged, or otherwise not in conformity with the requirements of this Agreement or any applicable Purchase Order, as its exclusive remedy, Purchaser may at its option and at Vendor’s sole cost and expense, elect either to (i) return any damaged, non-conforming or defective Products to Vendor for correction or replacement, or (ii) require Vendor to inspect the Products and remove or replace damaged, non-conforming or defective Products with conforming Products. If Purchaser elects option (ii) in the preceding sentence and Vendor fails promptly to make the necessary inspection, removal and replacement, Purchaser, at its option, may inspect the Products and Vendor shall bear the cost thereof. Payment by Purchaser of any invoice shall not constitute acceptance of the Products covered by such invoice, and acceptance by Purchaser shall not relieve Vendor of its warranties or other obligations under this Agreement. 8.3 The provisions of this Article shall survive the expiration or termination of this Agreement.

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