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 direct and indirect costs incurred by GE as a result of any nonconforming Products, Services and Deliverables (including failure to meet delivery schedules) whether or not GE rejects such Products, Services, or Deliverables. GE shall itemize such costs to you, which may include, but not be limited to, cost of defective materials, a 15% handling charge, transportation charges, incidental material and labor costs, sorting and rework expenses, lost production starts directly caused by the defect(s) (including late delivery), or any other ascertainable costs creating a loss to GE. The foregoing is in addition to any other rights or remedies available to GE at law or in equity.
Appears in 3 contracts
Samples: Purchase Order, Purchase Order, Purchase Order
INSPECTIONS AND REJECTIONS. 25.1 (a) All Products, Products and/or Services and Deliverables covered by this PO Contract shall be received subject to GEBuyer’s right of inspection, count, testing and rejection. Such right shall be extended to Buyer’s customers. Payment for Products, Products and/or Services and/or and Deliverables delivered hereunder shall not constitute acceptance thereof, and all payments against documents shall be made with a reservation of rights by GE Buyer for defects in Products, Services, Products and/or Services and DeliverablesDeliverables or documents, including, without limitation, defects apparent on the face thereof. You Supplier shall provide and maintain inspection and process control systems acceptable to GE Buyer for production of the Products and Deliverables, as well as and/or performance of the ServicesServices and provision of the Deliverables. Records of all inspections by you Supplier shall be kept complete and available to GE Buyer during the performance of this PO Contract or for such longer period as may be required by law. GE Buyer may inspect Products, as well as the provision Products and/or Deliverables at Supplier’s plant and any other place of Services, at your facility manufacture or production at any time without waiving its right subsequently to reject or revoke acceptance of such Products, Services, or Products and/or Deliverables for any defects. Failure of GE Buyer to inspect shall not relieve you Supplier from any of your its responsibilities hereunder. YouSupplier, at your its 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 (b) If any of the Products, Products and/or Services or and 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 POContract, GEincluding any applicable specifications, samples, drawings, designs, plans, instructions, statements of work or delivery dates, Buyer, in addition to such other rights as it may have under this POContract, 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 Supplier’s expense; (ii) require you Supplier at your its expense to replace the rejected Products and Deliverables, and/or Deliverables and/or re-perform the Services under a revised PO MAS or release Release submitted by GEBuyer; or (iii) require you Supplier to inspect such Products, Products and/or Services and/or and Deliverables and remove and replace nonconforming Products and/or Deliverables with conforming Product Products and/or Deliverables, and/or re-re- perform the nonconforming Services, Services to conform with this POContract. GE Buyer may at its option inspect, sort, remove, correct and replace such Products, Products and/or Services and Deliverables, Deliverables and you Supplier shall pay the actual cost thereof. If any Products, Products and/or Services and/or and Deliverables are rejected, GE shall Buyer may deduct from amounts owed you under this PO the current invoice of Supplier the cost of rejected Products, Products and/or Services and Deliverables. GE Buyer may also charge you, and you agree to pay, Supplier all direct and indirect costs incurred by GE Buyer as a result of any nonconforming Products, Products and/or Services and Deliverables (including failure to meet delivery schedules) whether or not GE Buyer rejects such Products, Services, or Products and/or Services and Deliverables. GE shall Buyer will itemize such costs to youSupplier, which may include, but not be limited to, cost of defective materials, a 15% handling charge, transportation charges, incidental material and labor costs, sorting and rework expenses, lost production starts directly caused by the defect(s) (including late delivery), or any other ascertainable costs creating a loss to GE. The foregoing is in addition to any other rights or remedies available to GE at law or in equityBuyer.
Appears in 3 contracts
Samples: Conditions of Purchase, Conditions of Purchase, Conditions of Purchase
INSPECTIONS AND REJECTIONS. 25.1 (a) All Products, Products and/or Services and Deliverables covered by this PO Contract shall be received subject to GEBuyer’s right of inspection, count, testing and rejection. Such right shall be extended to Buyer’s customers. Payment for Products, Products and/or Services and/or and Deliverables delivered hereunder shall not constitute acceptance thereof, and all payments against documents shall be made with a reservation of rights by GE Buyer for defects in Products, Services, Products and/or Services and DeliverablesDeliverables or documents, including, without limitation, defects apparent on the face thereof. You Supplier shall provide and maintain inspection and process control systems acceptable to GE Buyer for production of the Products and Deliverables, as well as and/or performance of the ServicesServices and provision of the Deliverables. Records of all inspections by you Supplier shall be kept complete and available to GE Buyer during the performance of this PO Contract or for such longer period as may be required by law. GE Buyer may inspect Products, as well as the provision Products and/or Deliverables at Supplier’s plant and any other place of Services, at your facility manufacture or production at any time without waiving its right subsequently to reject or revoke acceptance of such Products, Services, or Products and/or Deliverables for any defects. Failure of GE Buyer to inspect shall not relieve you Supplier from any of your its responsibilities hereunder. YouSupplier, at your its 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 (b) If any of the Products, Products and/or Services or and 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 POContract, GEincluding any applicable specifications, samples, drawings, designs, plans, instructions, statements of work or delivery dates, Buyer, in addition to such other rights as it may have under this POContract, 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 Supplier’s expense; (ii) require you Supplier at your its expense to replace the rejected Products and Deliverables, and/or Deliverables and/or re-perform the Services under a revised PO MAS or release Release submitted by GEBuyer; or (iii) require you Supplier to inspect such Products, Products and/or Services and/or and Deliverables and remove and replace nonconforming Products and/or Deliverables with conforming Product Products and/or Deliverables, and/or re-perform the nonconforming Services, Services to conform with this POContract. GE Buyer may at its option inspect, sort, remove, correct and replace such Products, Products and/or Services and Deliverables, Deliverables and you Supplier shall pay the actual cost thereof. If any Products, Products and/or Services and/or and Deliverables are rejected, GE shall Buyer may deduct from amounts owed you under this PO the current invoice of Supplier the cost of rejected Products, Products and/or Services and Deliverables. GE Buyer may also charge you, and you agree to pay, Supplier all direct and indirect costs incurred by GE Buyer as a result of any nonconforming Products, Products and/or Services and Deliverables (including failure to meet delivery schedules) whether or not GE Buyer rejects such Products, Services, or Products and/or Services and Deliverables. GE shall Buyer will itemize such costs to youSupplier, which may include, but not be limited to, cost of defective materials, a 15% handling charge, transportation charges, incidental material and labor costs, sorting and rework expenses, lost production starts directly caused by the defect(s) (including late delivery), or any other ascertainable costs creating a loss to GE. The foregoing is in addition to any other rights or remedies available to GE at law or in equityBuyer.
Appears in 2 contracts
Samples: Conditions of Purchase, Conditions of Purchase
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-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 direct and indirect costs incurred by GE as a result of any nonconforming Products, Services and Deliverables (including failure to meet delivery schedules) whether or not GE rejects such Products, Services, or Deliverables. GE shall itemize such costs to you, which may include, but not be limited to, cost of defective materials, a 15% handling charge, transportation charges, incidental material and labor costs, sorting and rework expenses, lost production starts directly caused by the defect(s) (including late delivery), or any other ascertainable costs creating a loss to GE. The foregoing is in addition to any other rights or remedies available to GE at law or in equity.
Appears in 2 contracts
Samples: Purchase Order, Purchase Order
INSPECTIONS AND REJECTIONS. 25.1 (a) All Products, Services and Deliverables Products covered by this PO Contract shall be received subject to GEBuyer’s right of inspection, count, testing and rejection. Such right shall be extended to Buyer’s customers. Payment for Products, Services and/or Deliverables Products delivered hereunder shall not constitute acceptance thereof, and all payments against documents shall be made with a reservation of rights by GE Buyer for defects in Products, Services, and DeliverablesProducts or documents, including, without limitation, defects apparent on the face thereof. You Supplier shall provide and maintain inspection and process control systems acceptable to GE Buyer for production of the Products and Deliverables, as well as performance of the ServicesProducts. Records of all inspections by you Supplier shall be kept complete and available to GE Buyer during the performance of this PO Contract or for such longer period as may be required by law. GE Buyer may inspect Products, as well as the provision Products at Supplier’s plant and any other place of Services, at your facility manufacture at any time without waiving its right subsequently to reject or revoke acceptance of such Products, Services, or Deliverables Products for any defects. Failure of GE Buyer to inspect shall not relieve you Supplier from any of your its responsibilities hereunder. YouSupplier, at your its 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 (b) If any of the Products, Services or Deliverables Products 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 POContract, GEincluding any applicable specifications, samples, drawings, designs, plans, instructions or delivery dates, Buyer, in addition to such other rights as it may have under this POContract, 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 Supplier’s expense; (ii) require you Supplier at your its expense to replace the rejected Products and Deliverables, and/or re-perform the Services under a revised PO MAS or release Release submitted by GEBuyer; or (iii) require you Supplier to inspect such Products, Services and/or Deliverables Products and remove and replace nonconforming Products and/or Deliverables with Products conforming Product and/or Deliverables, and/or re-perform the nonconforming Services, to conform with this POContract. GE Buyer may at its option inspect, sort, remove, correct and replace such Products, Services Products and Deliverables, and you Supplier shall pay the actual cost thereof. If any Products, Services and/or Deliverables Products are rejected, GE shall Buyer will deduct from amounts owed you under this PO the current invoice of Supplier the cost of rejected Products, Services and Deliverables. GE Buyer may also charge you, and you agree to pay, Supplier all direct and indirect costs incurred by GE Buyer as a result of any nonconforming Products, Services and Deliverables (including failure to meet delivery schedules) Products whether or not GE Buyer rejects such Products, Services, or Deliverables. GE shall Buyer will itemize such costs to youSupplier, which may include, but not be limited to, cost of defective materials, a 15% handling charge, transportation charges, incidental material and labor costs, sorting and rework expenses, lost production starts directly caused by the defect(s) (including late delivery), or any other ascertainable costs creating a loss to GE. The foregoing is in addition to any other rights or remedies available to GE at law or in equityBuyer.
Appears in 2 contracts
Samples: Conditions of Purchase, Conditions of Purchase
INSPECTIONS AND REJECTIONS. 25.1 (a) All Products, Products and/or Services and Deliverables covered by this PO Contract shall be received subject to GEBuyer’s right of inspection, count, testing and rejection. Such right shall be extended to Buyer’s customers. Payment for Products, Products and/or Services and/or and Deliverables delivered hereunder shall not constitute acceptance thereof, and all payments against documents shall be made with a reservation of rights by GE Buyer for defects in Products, Services, Products and/or Services and DeliverablesDeliverables or documents, including, without limitation, defects apparent on the face thereof. You Supplier shall provide and maintain inspection and process control systems acceptable to GE Buyer for production of the Products and Deliverables, as well as and/or performance of the ServicesServices and provision of the Deliverables. Records of all inspections by you Supplier shall be kept complete and available to GE Buyer during the performance of this PO Contract or for such longer period as may be required by law. GE Buyer may inspect Products, as well as the provision Products and/or Deliverables at Supplier’s plant and any other place of Services, at your facility manufacture or production at any time without waiving its right subsequently to reject or revoke acceptance of such Products, Services, or Products and/or Deliverables for any defects. Failure of GE Buyer to inspect shall not relieve you Supplier from any of your its responsibilities hereunder. YouSupplier, at your its 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 (b) If any of the Products, Products and/or Services or and 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 POContract, GEincluding any applicable specifications, samples, drawings, designs, plans, instructions, statements of work or delivery dates, Buyer, in addition to such other rights as it may have under this POContract, 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 Supplier’s 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 direct and indirect costs incurred by GE as a result of any nonconforming Products, Services and Deliverables (including failure to meet delivery schedules) whether or not GE rejects such Products, Services, or Deliverables. GE shall itemize such costs to you, which may include, but not be limited to, cost of defective materials, a 15% handling charge, transportation charges, incidental material and labor costs, sorting and rework expenses, lost production starts directly caused by the defect(s) (including late delivery), or any other ascertainable costs creating a loss to GE. The foregoing is in addition to any other rights or remedies available to GE at law or in equity.;
Appears in 2 contracts
Samples: Conditions of Purchase, Conditions of Purchase
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(including, without limitation, the legal remedy to seek injunction and specific performance), 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 direct and indirect costs incurred by GE as a result of any nonconforming Products, Services and Deliverables (including failure to meet delivery schedules) whether or not GE rejects such Products, Services, or Deliverables. GE shall itemize such costs to you, which may include, but not be limited to, cost of defective materials, a 15% handling charge, transportation charges, incidental material and labor costs, sorting and rework expenses, lost production starts directly caused by the defect(s) (including late delivery), or any other ascertainable costs creating a loss to GE. The foregoing is in addition to any other rights or remedies available to GE at law or in equity(including, without limitation, the legal remedy to seek injunction and specific performance).
Appears in 1 contract
Samples: Purchase Order