INSPECTIONS AND REJECTIONS Sample Clauses

INSPECTIONS AND REJECTIONS. 25.1 All Products, Services and Deliverables covered by this PO shall be received subject to GE’s right of inspection, count, testing and rejection. Payment for Products, Services and/or Deliverables delivered hereunder shall not constitute acceptance thereof, and all payments against documents shall be made with a reservation of rights by GE for defects in Products, Services, and Deliverables, including, without limitation, defects apparent on the face thereof. You shall provide and maintain inspection and process control systems acceptable to GE for production of the Products and Deliverables, as well as performance of the Services. Records of all inspections by you shall be kept complete and available to GE during the performance of this PO or for such longer period as may be required by law. GE may inspect Products, as well as the provision of Services, at your facility at any time without waiving its right subsequently to reject or revoke acceptance of such Products, Services, or Deliverables for any defects. Failure of GE to inspect shall not relieve you from any of your responsibilities hereunder. You, at your expense, shall furnish, or cause to be furnished, facilities and assistance reasonably necessary to ensure the safety and convenience of any such inspections. 25.2 If any of the Products, Services or Deliverables are found at any time to be defective in design, materials or workmanship or otherwise to be not in conformity with the requirements of this PO, GE, in addition to such other rights as it may have under this PO, at law and/or in equity, at its option may: (i) reject such Services, as well as reject and return such Products and/or Deliverables at your expense; (ii) require you at your expense to replace the rejected Products and Deliverables, and/or re-perform the Services under a revised PO or release submitted by GE; or (iii) require you to inspect such Products, Services and/or Deliverables and remove and replace nonconforming Products and/or Deliverables with conforming Product and/or Deliverables, and/or re-perform the nonconforming Services, to conform with this PO. GE may at its option inspect, sort, remove, correct and replace such Products, Services and Deliverables, and you shall pay the actual cost thereof. If any Products, Services and/or Deliverables are rejected, GE shall deduct from amounts owed you under this PO the cost of rejected Products, Services and Deliverables. GE may also charge you, and you agree to pay, all d...
AutoNDA by SimpleDocs
INSPECTIONS AND REJECTIONS. All Work and all construction, processes of manufacture and methods of construction involved in or related to the performance of the Work shall be at all times and places subject to the inspection of the Vice President of Operations (or his/her designee), and the enumeration in these Specifications of particular portions of such Work, construction, processes of manufacture or methods of construction which will or may be inspected by the Director of Engineering, his/her designee, or the Architect/Engineer shall not be deemed to imply that only such Work, construction, processes of manufacture and methods of construction will or may be so inspected or that any element of the Work is not subject to inspection by the Vice President of Operations (or his/her designee). The Vice President of Operations (or his/her designee) shall be the judge of the quality and suitability of the Work, construction, processes of manufacture and methods of construction for the purposes for which they are used or to be used. Should they fail to meet the approval of the Vice President of Operations (or his/her designee), they shall be forthwith reconstructed, made good, replaced or corrected, as the case may be, by the Contractor at its own expense. Rejected material shall be removed immediately from the site. The fact that the Architect/Engineer has approved the materials and workmanship shall not relieve the Contractor from its obligation to supply other material and workmanship when so ordered by the Vice President of Operations (or his/her designee). The Contract Drawings do not show all of the details of the Work and are intended only to illustrate the character and extent of the Work to be performed. Accordingly, they may be supplemented during the performance of the Work by the Architect/Engineer or by the Contractor subject to the approval of the Vice President of Operations (or his/her designee), to the extent necessary to further illustrate the Work. An indication on the Contract Drawings of the existence, nature or location of any utilities, structures, obstructions, conditions or materials does not constitute a representation as to the conclusions to be drawn therefrom nor a representation that no others exist in addition to those shown, even in the same location; nor does the absence of any indication on said drawings of the existence, nature or location of any utilities, structures, obstructions, conditions or materials constitute a representation that none exist. Aft...
INSPECTIONS AND REJECTIONS. Supplier shall be responsible for the inspection and evaluation of all Goods. Supplier must carefully document in detail all aspects of the inspection and evaluation process. Supplier may revoke acceptance and reject Goods or require correction and return the Goods to the Metal Supplier if any Goods do not conform to applicable requirements. If Supplier rejects the Goods, it must carefully document all aspects of the rejection process and maintain possession of the Goods in the condition in which it received the Goods until the Metal Supplier instructs Supplier in writing regarding the return of the Goods or Metal Supplier’s inspection of the Goods. If Metal Supplier requires its own inspection of the Goods, Supplier must make the Goods available to Metal Supplier in the form in which it received the Goods. Supplier acknowledges and agrees that the Metal Supplier, not Owner, will be responsible for correction of any defect or the provision of conforming Goods. Supplier must negotiate with Metal Supplier for the return of any rejected Goods with the Metal Supplier and must exhaust its remedies with the Metal Supplier before asking Owner for assistance in its negotiations with the Metal Supplier. Supplier shall not make a claim to Owner either to avoid charge for a shipment of Goods because it has rejected the Goods or for a return of money paid for a shipment of Goods that it rejected until Supplier has obtained an authorization code for the return of the Goods from the Metal Supplier.
INSPECTIONS AND REJECTIONS. Upon receipt of goods, Client shall immediately and thoroughly inspect goods and independently confirm that goods conform to the order. The quantity of the products, as recorded by Supplier on the dispatch from Supplier’s place of business, is conclusive evidence of the quantity received by Client upon delivery, unless Client provides conclusive evidence to the contrary. Supplier will not be liable for any non-delivery of the products to the delivery location, unless Client gives written notice to Supplier of the non-delivery within seven (7) days following the date that Client would, in the ordinary course of business, have received the products. Supplier’s liability for any non-delivery of the products will be limited to replacing the products within a reasonable time or adjusting the invoice for the products to reflect the actual quantity delivered.
INSPECTIONS AND REJECTIONS. Buyer shall have the right to inspect and test all Goods for quality, quantity, conformance and otherwise, and such dealing with the Goods shall not be deemed acceptance thereof. Buyer also reserves the right to inspect and test by its own inspectors all raw materials, work in process, completed materials, jigs, fixtures, etc., at Vendor’s plant. Vendor shall provide necessary facilities therefor at its expense. Vendor shall keep all records of such inspections for three years after completion of this contract. If any Goods delivered are found within a reasonable time not to be in strict conformance with the requirements of this Order in Buyer’s judgment, then Buyer, notwithstanding payment or any prior inspection or test, may reject such Goods or revoke this entire Order, require replacement or correction, and cancel any unshipped portion of this Order, at Vendor’s expense, including transportation. If Vendor fails to timely deliver replacement Goods, Xxxxx may replace them with goods from a third party and charge Vendor the cost thereof and terminate this Order pursuant to Section 15. In the event Buyer receives Goods whose defects or non- conformity is not apparent on examination, Buyer reserves the right to require replacement (or full refund), as well as payment of damages. Buyer may hold any Goods rejected, pending instructions from Vendor, at Vendor’s risk, or Buyer may return the Goods to Vendor at Vendor’s expense. Any complaint, claim, notice of any defect or notice of breach, whether with respect to quality, quantity, or any other defect or breach, shall be considered to be timely if it is made by Buyer within thirty (30) days after Xxxxx discovers or learns of the existence thereof.
INSPECTIONS AND REJECTIONS 

Related to INSPECTIONS AND REJECTIONS

  • 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.

  • Inspections and Tests 26.1 The Supplier shall at its own expense and at no cost to the Procuring Entity carry out all such tests and/or inspections of the Goods and Related Services as are specified in the SCC. 26.2 The inspections and tests may be conducted on the premises of the Supplier or its Subcontractor, at point of delivery, and/or at the Goods' final destination, or in another place in Kenya as specified in the SCC. Subject to GCC Sub-Clause 26.3, if conducted on the premises of the Supplier or its Subcontractor, all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to the Procuring Entity. 26.3 The Procuring Entity or its designated representative shall be entitled to attend the tests and/or inspections referred to in GCC Sub-Clause 26.2, provided that the Procuring Entity bear all of its own costs and expenses incurred in connection with such attendance including, but not limited to, all travelling and board and lodging expenses. 26.4 Whenever the Supplier is ready to carry out any such test and inspection, it shall give a reasonable advance notice, including the place and time, to the Procuring Entity. The Supplier shall obtain from any relevant third party or manufacturer any necessary permission or consent to enable the Procuring Entity or its designated representative to attend the test and/or inspection. 26.5 The Procuring Entity may require the Supplier to carry out any test and/or inspection not required by the Contract but deemed necessary to verify that the characteristics and performance of the Goods comply with the technical specifications codes and standards under the Contract, provided that the Supplier's reasonable costs and expenses incurred in the carrying out of such test and/or inspection shall be added to the Contract Price. Further, if such test and/or inspection impedes the progress of manufacturing and/or the Supplier's performance of its other obligations under the Contract, due allowance will be made in respect of the Delivery Dates and Completion Dates and the other obligations so affected. 26.6 The Supplier shall provide the Procuring Entity with a report of the results of any such test and/or inspection. 26.7 The Procuring Entity may reject any Goods or any part thereof that fail to pass any test and/or inspection or do not conform to the specifications. The Supplier shall either rectify or replace such rejected Goods or parts thereof or make alterations necessary to meet the specifications at no cost to the Procuring Entity, and shall repeat the test and/or inspection, at no cost to the Procuring Entity, upon giving a notice pursuant to GCC Sub- Clause 26.4. 26.8 The Supplier agrees that neither the execution of a test and/or inspection of the Goods or any part thereof, nor the attendance by the Procuring Entity or its representative, nor the issue of any report pursuant to GCC Sub-Clause 26.6, shall release the Supplier from any warranties or other obligations under the Contract.

  • Inspections and Reports 2.1 The department may inspect, in the manner and at reasonable times it considers appropriate, all the contractor's facilities and activities under this contract. 2.2 The contractor shall make progress and other reports in the manner and at the times the department reasonably requires.

  • Investigations and Remediations Lessor shall retain the responsibility and pay for any investigations or remediation measures required by governmental entities having jurisdiction with respect to the existence of Hazardous Substances on the Premises prior to the Start Date, unless such remediation measure is required as a result of Lessee's use (including "Alterations", as defined in Paragraph 7.3(a) below) of the Premises, in which event Lessee shall be responsible for such payment. Lessee shall cooperate fully in any such activities at the request of Lessor, including allowing Lessor and Lessor's agents to have reasonable access to the Premises at reasonable times in order to carry out Lessor's investigative and remedial responsibilities.

  • INSPECTIONS AND AUDITS 30 A. ADMINISTRATOR, any authorized representative of COUNTY, any authorized representative 31 of the State of California, the Secretary of the United States Department of Health and Human Services, 32 the Comptroller General of the United States, or any other of their authorized representatives, shall have 33 access to any books, documents, and records, including but not limited to, financial statements, general 34 ledgers, relevant accounting systems, medical and client records, of CONTRACTOR that are directly 35 pertinent to this Agreement, for the purpose of responding to a beneficiary complaint or conducting an 36 audit, review, evaluation, or examination, or making transcripts during the periods of retention set forth 37 in the Records Management and Maintenance Paragraph of this Agreement. Such persons may at all 1 reasonable times inspect or otherwise evaluate the services provided pursuant to this Agreement, and the 2 premises in which they are provided. 3 B. CONTRACTOR shall actively participate and cooperate with any person specified in 4 Subparagraph A. above in any evaluation or monitoring of the services provided pursuant to this 5 Agreement, and shall provide the above–mentioned persons adequate office space to conduct such 6 evaluation or monitoring. 7 C. AUDIT RESPONSE 8 1. Following an audit report, in the event of non–compliance with applicable laws and 9 regulations governing funds provided through this Agreement, COUNTY may terminate this Agreement 10 as provided for in the Termination Paragraph or direct CONTRACTOR to immediately implement 11 appropriate corrective action. A plan of corrective action shall be submitted to ADMINISTRATOR in 12 writing within thirty (30) calendar days after receiving notice from ADMINISTRATOR. 13 2. If the audit reveals that money is payable from one party to the other, that is, reimbursement 14 by CONTRACTOR to COUNTY, or payment of sums due from COUNTY to CONTRACTOR, said 15 funds shall be due and payable from one party to the other within sixty (60) calendar days of receipt of 16 the audit results. If reimbursement is due from CONTRACTOR to COUNTY, and such reimbursement 17 is not received within said sixty (60) calendar days, COUNTY may, in addition to any other remedies 18 provided by law, reduce any amount owed CONTRACTOR by an amount not to exceed the 19 reimbursement due COUNTY. 20 D. CONTRACTOR shall retain a licensed certified public accountant, who will prepare an annual 21 Single Audit as required by 31 USC 7501 – 7507, as well as its implementing regulations under 2 CFR 22 Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal 23 Awards. CONTRACTOR shall forward the Single Audit to ADMINISTRATOR within fourteen (14) 24 calendar days of receipt. 25 E. CONTRACTOR shall forward to ADMINISTRATOR a copy of any audit report within 26 fourteen (14) calendar days of receipt. Such audit shall include, but not be limited to, management, 27 financial, programmatic or any other type of audit of CONTRACTOR’s operations, whether or not the 28 cost of such operation or audit is reimbursed in whole or in part through this Agreement. 29

  • Inspection of Property; Books and Records; Discussions Keep proper books of records and account in which full, true and correct entries in conformity with GAAP and all Requirements of Law shall be made of all dealings and transactions in relation to its business and activities; and permit representatives of any Lender (upon reasonable advance notice coordinated through the Administrative Agent) to visit and inspect any of its properties and examine and make abstracts from any of its books and records at any reasonable time and as often as may reasonably be desired and to discuss the business, operations, properties and financial and other condition of the Borrower and its Subsidiaries with officers and employees of the Borrower and its Subsidiaries and with its independent certified public accountants.

  • Inspection of Properties and Books The Borrower and the Guarantors will, and will cause their respective Subsidiaries to, permit the Agent and the Lenders, at the Borrower’s expense (to the extent provided for below) and upon reasonable prior notice, to visit and inspect any of the properties of the Borrower, each Guarantor or any of their respective Subsidiaries (subject to the rights of tenants under their Leases), to examine the books of account of the Borrower, any Guarantor and their respective Subsidiaries (and to make copies thereof and extracts therefrom) and to discuss the affairs, finances and accounts of the Borrower, any Guarantor and their respective Subsidiaries with, and to be advised as to the same by, their respective officers, partners or members, all at such reasonable times and intervals as the Agent or any Lender may reasonably request, provided that so long as no Default or Event of Default shall have occurred and be continuing, the Borrower shall not be required to pay for such visits and inspections more often than once in any twelve (12) month period. The Lenders shall use good faith efforts to coordinate such visits and inspections so as to minimize the interference with and disruption to the normal business operations of such Persons.

  • Maintaining Records; Access to Properties and Inspections Maintain financial records in accordance with GAAP and, upon reasonable notice, permit any representatives designated by the Administrative Agent or any Lender to visit and inspect the financial records and the properties of the Borrower or any Significant Subsidiary during normal business hours and to discuss the affairs, finances and condition of the Borrower or any Significant Subsidiary with the officers thereof and independent accountants therefor.

  • Inspection and Tests 3.8.1 The Procuring entity or its representative shall have the right to inspect and/or to test the goods to confirm their conformity to the Contract specifications. The Procuring entity shall notify the tenderer in writing in a timely manner, of the identity of any representatives retained for these purposes. 3.8.2 The inspections and tests may be conducted in the premises of the tenderer or its subcontractor(s), at point of delivery, and/or at the Goods’ final destination If conducted on the premises of the tenderer or its subcontractor(s), all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to the Procuring entity. 3.8.3 Should any inspected or tested goods fail to conform to the Specifications, the Procuring entity may reject the equipment, and the tenderer shall either replace the rejected equipment or make alterations necessary to make specification requirements free of costs to the Procuring entity. 3.8.4 The Procuring entity’s right to inspect, test and where necessary, reject the goods after the Goods’ arrival shall in no way be limited or waived by reason of the equipment having previously been inspected, tested and passed by the Procuring entity or its representative prior to the equipment delivery. 3.8.5 Nothing in paragraph 3.8 shall in any way release the tenderer from any warranty or other obligations under this Contract.

  • Corporate Examinations and Investigations Prior to the Closing Date, the parties acknowledge that they have been entitled, through their employees and representatives, to make such investigation of the assets, properties, business and operations, books, records and financial condition of the other as they each may reasonably require. No investigations, by a party hereto shall, however, diminish or waive any of the representations, warranties, covenants or agreements of the party under this Agreement.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!