Inspections of Packaging. If requested by Buyer in writing in a timely manner, an inspection of the external packaging and crating for the Product to be shipped in accordance with sound business and industry practice may be made by Buyer (itself or through an agent) in Seller’s presence at the site of manufacture at the Date of delivery of such Product lot at a day and time acceptable for Buyer; provided that such inspection shall be limited to a visual inspection for obvious physical damage to the packaging, failure of the external packaging or crating materials to comply with Article 4. of this Agreement or quantity discrepancies that are evident without opening or otherwise tampering with any of the packaging or crating materials; provided further that Seller shall not have any obligation to delay Delivery of any Product if for any reason Buyer’s agent does not show up on the date and at the time acceptable for Buyer. Should any such inspection reveal any physical damage to the packaging, failure of the external packaging or crating materials to comply with Article 4. of this Agreement or quantity discrepancies, Seller shall remedy any such damage, failure to comply or quantity discrepancy, at Seller’s expense; provided further that in case any delay Delivery of any Product (if any) resulting from (i) revealing any physical damage to the packaging, failure of the external packaging or crating materials to comply with Article 4. of this Agreement or quantity discrepancies and (ii) time Seller needs to remedy any damage, failure to comply or quantity discrepancy, Seller shall be solely liable for such delay.
Appears in 2 contracts
Samples: Supply Agreement, Supply Agreement
Inspections of Packaging. If requested by the Buyer in writing in a timely manner, an inspection of the external packaging and crating for the Product Equipment to be shipped in accordance with sound business and industry practice may be made by the Buyer (itself or through an agent) at his own expense in the Seller’s presence at the site of manufacture at the Date of delivery of such Product Equipment lot at a day and time acceptable for the Buyer; provided that such inspection shall be limited to a visual inspection for obvious physical damage to the packaging, failure of the external packaging or crating materials to comply with Article 45. of this Agreement or quantity discrepancies that are evident without opening or otherwise tampering with any of the packaging or crating materials; provided further that the Seller shall not have any obligation to delay Delivery of any Product Equipment if for any reason the Buyer’s agent does not show up on the date and at the time acceptable for the Buyer. Should any such inspection reveal any physical damage to the packaging, failure of the external packaging or crating materials to comply with Article 45. of this Agreement or quantity discrepancies, the Seller shall remedy any such damage, failure to comply or quantity discrepancy, at Seller’s his own expense; provided further that in case any delay Delivery of any Product Equipment (if any) resulting from (i) revealing any physical damage to the packaging, failure of the external packaging or crating materials to comply with Article 45. of this Agreement or quantity discrepancies and (ii) time the Seller needs to remedy any damage, failure to comply or quantity discrepancy, the Seller shall be solely liable for such delay.
Appears in 1 contract
Samples: Supply Agreement
Inspections of Packaging. If requested by the Buyer in writing in a timely manner, an inspection of the external packaging and crating for the Product to be shipped in accordance with sound business and industry practice may be made by the Buyer (itself or through an agent) at his own expense in the Seller’s presence at the site of manufacture at the Date of delivery of such Product lot at a day and time acceptable for the Buyer; provided that such inspection shall be limited to a visual inspection for obvious physical damage to the packaging, failure of the external packaging or crating materials to comply with Article 4. of this Agreement or quantity discrepancies that are evident without opening or otherwise tampering with any of the packaging or crating materials; provided further that the Seller shall not have any obligation to delay Delivery of any Product if for any reason the Buyer’s agent does not show up on the date and at the time acceptable for the Buyer. Should any such inspection reveal any physical damage to the packaging, failure of the external packaging or crating materials to comply with Article 4. of this Agreement or quantity discrepancies, the Seller shall remedy any such damage, failure to comply or quantity discrepancy, at Seller’s his own expense; provided further that in case any delay Delivery of any Product (if any) resulting from (i) revealing any physical damage to the packaging, failure of the external packaging or crating materials to comply with Article 4. of this Agreement or quantity discrepancies and (ii) time the Seller needs to remedy any damage, failure to comply or quantity discrepancy, the Seller shall be solely liable for such delay.
Appears in 1 contract
Samples: Supply Agreement
Inspections of Packaging. If requested by Buyer Customer in writing in a timely manner, an inspection of the external packaging and crating for the Product Equipment to be shipped in accordance with sound business and industry practice may be made by Buyer Customer (itself or through an agent) in SellerSupplier’s presence at the site of manufacture at the Date time of delivery Delivery of such Product lot Equipment at a day and time acceptable for BuyerCustomer; provided that such inspection shall be limited to a visual inspection for obvious physical damage to the packaging, failure of the external packaging or crating materials to comply with Article 4Section 4.4.1. of this Agreement or quantity discrepancies that are evident without opening or otherwise tampering with any of the packaging or crating materials; provided further that Seller Supplier shall not have any obligation to delay Delivery of any Product Equipment if for any reason BuyerCustomer’s agent does not show up on the date and at the time acceptable for BuyerCustomer. Should any such inspection reveal any physical damage to the packaging, failure of the external packaging or crating materials to comply with Article 4Section 4.4.1. of this Agreement or quantity discrepancies, Seller Supplier shall remedy any such damage, failure to comply or quantity discrepancy, at SellerSupplier’s expense; provided further that in case any delay Delivery of any Product Equipment (if any) resulting from (i) revealing any physical damage to the packaging, failure of the external packaging or crating materials to comply with Article 4Section 4.4.1. of this Agreement or quantity discrepancies and (ii) time Seller Supplier needs to remedy any damage, failure to comply or quantity discrepancy, Seller Supplier shall be solely liable for such delay.
Appears in 1 contract
Samples: Supply Agreement