Common use of Non-Conformance Clause in Contracts

Non-Conformance. Vendor assumes all liability for delivering goods that do not meet the specification(s) and standard(s) specified on the face of the PO. Any non- conforming goods and/or services which are delivered to PISD are accepted under a “reservation of PISD’s rights” to contest, dispute, request offsets, reject, or return the non-conforming goods and/or services, in whole or in part. Any tender of goods or performance of services by Vendor which are non-conforming as to the quality, quantity, or the delivery schedule shall constitute a breach of this PO and PISD shall have the absolute right to reject the goods and/or services, in whole or in part. In the event that PISD does not accept any goods and/or services which have been submitted to PISD, PISD is entitled to any and all remedies that are provided by law. In addition to the U.C.C. allowed contract by contract right of setoff, PISD is entitled to a “party by party” right of set off. PISD is not required to mitigate its damages in order to obtain the relief for any breach of contract remedies available to it. In addition, PISD has the right to do any or all of the following, in PISD’s sole discretion: a. to hold the non-conforming goods and/or services for a reasonable period at Vendor’s risk and expense pending a determination to accept or reject any or all thereof; b. to return the non-conforming goods and/or services to Vendor at PISD’s election and at Vendor’s risk and expense for replacement or correction, in which case Vendor shall use best efforts to replace any non-conforming goods and/or services at Vendor’s risk and expense; c. to accept the non-conforming goods and/or services subject to an equitable price reduction; d. to replace or correct the non-conforming goods and/or services and charge to Vendor the cost occasioned to PISD thereby; e. to recover by offset or otherwise any and all expenses, costs, price reductions, and damages paid, incurred, or suffered by PISD as a result of the holding, return, replacement, correction, reductions, or rejections of non-conforming goods and/or services; and/or f. to terminate the PO and/or any contract entered into between PISD and Vendor.

Non-Conformance. Vendor assumes all liability for delivering goods that do not meet the specification(s) and standard(s) specified on the face of the PO. Any non- conforming goods and/or services which are delivered to PISD PAISD are accepted under a “reservation of PISDPAISD’s rights” to contest, dispute, request offsets, reject, or return the non-conforming goods and/or services, in whole or in part. Any tender of goods or performance of services by Vendor which are non-conforming as to the quality, quantity, or the delivery schedule shall constitute a breach of this PO and PISD PAISD shall have the absolute right to reject the goods and/or services, in whole or in part. In the event that PISD PAISD does not accept any goods and/or services which have been submitted to PISDPAISD, PISD PAISD is entitled to any and all remedies that are provided by law. In addition to the U.C.C. allowed contract by contract right of setoff, PISD XXXXX is entitled to a “party by party” right of set off. PISD PAISD is not required to mitigate its damages in order to obtain the relief for any breach of contract remedies available to it. In addition, PISD PAISD has the right to do any or all of the following, in PISDPAISD’s sole discretion: a. to hold the non-conforming goods and/or services for a reasonable period at Vendor’s risk and expense pending a determination to accept or reject any or all thereof; b. to return the non-conforming goods and/or services to Vendor at PISDPAISD’s election and at Vendor’s risk and expense for replacement or correction, in which case Vendor shall use best efforts to replace any non-conforming goods and/or services at Vendor’s risk and expense; c. to accept the non-conforming goods and/or services subject to an equitable price reduction; d. to replace or correct the non-conforming goods and/or services and charge to Vendor the cost occasioned to PISD PAISD thereby; e. to recover by offset or otherwise any and all expenses, costs, price reductions, and damages paid, incurred, or suffered by PISD PAISD as a result of the holding, return, replacement, correction, reductions, or rejections of non-conforming goods and/or services; and/or f. to terminate the PO and/or any contract entered into between PISD PAISD and Vendor.

Non-Conformance. Vendor assumes all liability for delivering goods that do not meet the specification(s) and standard(s) specified on the face of the PO. Any non- conforming nonconforming goods and/or services which are delivered to PISD NISD are accepted under a “reservation of PISDNISD’s rights” to contest, dispute, request offsets, reject, or return the non-conforming goods and/or services, in whole or in part. Any tender of goods or performance of services by Vendor which are non-non- conforming as to the quality, quantity, or the delivery schedule shall constitute a breach of this PO and PISD NISD shall have the absolute right to reject the goods and/or services, in whole or in part. In the event that PISD NISD does not accept any goods and/or services which have been submitted to PISDNISD, PISD NISD is entitled to any and all remedies that are provided by law. In addition to the U.C.C. allowed contract by contract right of setoff, PISD XXXX is entitled to a “party by party” right of set off. PISD NISD is not required to mitigate its damages in order to obtain the relief for any breach of contract remedies available to it. In addition, PISD NISD has the right to do any or all of the following, in PISDNISD’s sole discretion: a. to hold the non-conforming goods and/or services for a reasonable period at Vendor’s risk and expense pending a determination to accept or reject any or all thereof; b. to return the non-conforming goods and/or services to Vendor at PISDNISD’s election and at Vendor’s risk and expense for replacement or correction, in which case Vendor shall use best efforts to replace any non-conforming goods and/or services at Vendor’s risk and expense; c. to accept the non-conforming goods and/or services subject to an equitable price reduction; d. to replace or correct the non-conforming goods and/or services and charge to Vendor the cost occasioned to PISD NISD thereby; e. to recover by offset or otherwise any and all expenses, costs, price reductions, and damages paid, incurred, or suffered by PISD NISD as a result of the holding, return, replacement, correction, reductions, or rejections of non-conforming goods and/or services; and/or f. to terminate the PO and/or any contract entered into between PISD NISD and Vendor.

Non-Conformance. Vendor assumes all liability for delivering goods and services that do not meet the specification(s) and standard(s) specified on the face of the PO. Any non- non-conforming goods and/or services which that are delivered to PISD FWISD are accepted under a “reservation of PISDFWISD’s rights” to contest, dispute, request offsets, reject, or return the non-conforming goods and/or services, in whole or in part. Any tender of goods or performance of services by Vendor which are non-conforming as to the quality, quantity, or the delivery schedule shall constitute a breach of this PO and PISD FWISD shall have the absolute right to reject the goods and/or services, in whole or in part. In the event that PISD FWISD does not accept any goods and/or services which that have been submitted to PISDFWISD, PISD FWISD is entitled to any and all remedies that are provided by law. In addition to the U.C.C. allowed contract by contract right of setoffset-off, PISD FWISD is entitled to a “party by party” right of set set-off. PISD FWISD is not required to mitigate its damages in order to obtain the relief for any breach of contract remedies available to it. In addition, PISD FWISD has the right to do any or all of the following, in PISDat FWISD’s sole discretion: a. to hold the non-conforming goods and/or services for a reasonable period at Vendor’s risk and expense pending a determination to accept or reject any or all thereof; b. to return the non-conforming goods and/or services to Vendor at PISDFWISD’s election and at Vendor’s risk and expense for replacement or correction, in which case Vendor shall use best efforts to replace any non-conforming goods and/or services at Vendor’s risk and expense; c. to accept the non-conforming goods and/or services subject to an equitable price reduction; d. to replace or correct the non-conforming goods and/or services and charge to Vendor the cost occasioned to PISD FWISD thereby; e. to recover by offset or otherwise any and all expenses, costs, price reductions, and damages paid, incurred, or suffered by PISD FWISD as a result of the holding, return, replacement, correction, reductions, or rejections of non-conforming goods and/or services; and/or f. to To terminate the PO and/or any contract entered into between PISD FWISD and Vendor.

Non-Conformance. Vendor assumes all liability for delivering goods that do not meet the specification(s) and standard(s) specified on the face of the PO. Any non- non-conforming goods and/or services which are delivered to PISD BHISD are accepted under a “reservation of PISDBHISD’s rights” to contest, dispute, request offsets, reject, or return the non-conforming goods and/or services, in whole or in part. Any tender of goods or performance of services by Vendor which are non-conforming as to the quality, quantity, or the delivery schedule shall constitute a breach of this PO and PISD BHISD shall have the absolute right to reject the goods and/or services, in whole or in part. In the event that PISD BHISD does not accept any goods and/or services which have been submitted to PISDBHISD, PISD BHISD is entitled to any and all remedies that are provided by law. In addition to the U.C.C. allowed contract by contract right of setoff, PISD XXXXX is entitled to a “party by party” right of set off. PISD BHISD is not required to mitigate its damages in order to obtain the relief for any breach of contract remedies available to it. In addition, PISD BHISD has the right to do any or all of the following, in PISDBHISD’s sole discretion: a. to hold the non-conforming goods and/or services for a reasonable period at Vendor’s risk and expense pending a determination to accept or reject any or all thereof; b. to return the non-conforming goods and/or services to Vendor at PISDBHISD’s election and at Vendor’s risk and expense for replacement or correction, in which case Vendor shall use best efforts to replace any non-conforming goods and/or services at Vendor’s risk and expense; c. to accept the non-conforming goods and/or services subject to an equitable price reduction; d. to replace or correct the non-conforming goods and/or services and charge to Vendor the cost occasioned to PISD BHISD thereby; e. to recover by offset or otherwise any and all expenses, costs, price reductions, and damages paid, incurred, or suffered by PISD BHISD as a result of the holding, return, replacement, correction, reductions, or rejections of non-conforming goods and/or services; and/or f. to terminate the PO and/or any contract entered into between PISD BHISD and Vendor.

Non-Conformance. Vendor assumes all liability for delivering goods that do not meet the specification(s) and standard(s) specified on the face of the PO. Any non- conforming goods and/or services which are delivered to PISD WISD are accepted under a “reservation of PISDWISD’s rights” to contest, dispute, request offsets, reject, or return the non-conforming goods and/or services, in whole or in part. Any tender of goods or performance of services by Vendor which are non-conforming as to the quality, quantity, or the delivery schedule shall constitute a breach of this PO and PISD WISD shall have the absolute right to reject the goods and/or services, in whole or in part. In the event that PISD WISD does not accept any goods and/or services which have been submitted to PISDWISD, PISD WISD is entitled to any and all remedies that are provided by law. In addition to the U.C.C. allowed contract by contract right of setoff, PISD XXXX is entitled to a “party by party” right of set off. PISD WISD is not required to mitigate its damages in order to obtain the relief for any breach of contract remedies available to it. In addition, PISD WISD has the right to do any or all of the following, in PISDWISD’s sole discretion: a. to hold the non-conforming goods and/or services for a reasonable period at Vendor’s risk and expense pending a determination to accept or reject any or all thereof; b. to return the non-conforming goods and/or services to Vendor at PISDWISD’s election and at Vendor’s risk and expense for replacement or correction, in which case Vendor shall use best efforts to replace any non-conforming goods and/or services at Vendor’s risk and expense; c. to accept the non-conforming goods and/or services subject to an equitable price reduction; d. to replace or correct the non-conforming goods and/or services and charge to Vendor the cost occasioned to PISD WISD thereby; e. to recover by offset or otherwise any and all expenses, costs, price reductions, and damages paid, incurred, or suffered by PISD WISD as a result of the holding, return, replacement, correction, reductions, or rejections of non-conforming goods and/or services; and/or f. to terminate the PO and/or any contract entered into between PISD WISD and Vendor.

Non-Conformance. Vendor assumes all liability for delivering goods that do not meet the specification(s) and standard(s) specified on the face of the PO. Any non- conforming goods and/or services which are delivered to PISD FISD are accepted under a “reservation of PISDFISD’s rights” to contest, dispute, request offsets, reject, or return the non-conforming goods and/or services, in whole or in part. Any tender of goods or performance of services by Vendor which are non-conforming as to the quality, quantity, or the delivery schedule shall constitute a breach of this PO and PISD FISD shall have the absolute right to reject the goods and/or services, in whole or in part. In the event that PISD FISD does not accept any goods and/or services which have been submitted to PISDFISD, PISD FISD is entitled to any and all remedies that are provided by law. In addition to the U.C.C. allowed contract by contract right of setoff, PISD FISD is entitled to a “party by party” right of set off. PISD FISD is not required to mitigate its damages in order to obtain the relief for any breach of contract remedies available to it. In addition, PISD FISD has the right to do any or all of the following, in PISDFISD’s sole discretion: a. to hold the non-conforming goods and/or services for a reasonable period at Vendor’s risk and expense pending a determination to accept or reject any or all thereof; b. to return the non-conforming goods and/or services to Vendor at PISDFISD’s election and at Vendor’s risk and expense for replacement or correction, in which case Vendor shall use best efforts to replace any non-conforming goods and/or services at Vendor’s risk and expense; c. to accept the non-conforming goods and/or services subject to an equitable price reduction; d. to replace or correct the non-conforming goods and/or services and charge to Vendor the cost occasioned to PISD FISD thereby; e. to recover by offset or otherwise any and all expenses, costs, price reductions, and damages paid, incurred, or suffered by PISD FISD as a result of the holding, return, replacement, correction, reductions, or rejections of non-conforming goods and/or services; and/or f. to terminate the PO and/or any contract entered into between PISD FISD and Vendor.

Non-Conformance. Vendor assumes all liability for delivering goods that do not meet the specification(s) and standard(s) specified on the face of the PO. Any non- non-conforming goods and/or services which are delivered to PISD QUEEN CITY ISD are accepted under a “reservation of PISDQUEEN CITY ISD’s rights” to contest, dispute, request offsets, reject, or return the non-conforming goods and/or services, in whole or in part. Any tender of goods or performance of services by Vendor which are non-conforming as to the quality, quantity, or the delivery schedule shall constitute a breach of this PO and PISD QUEEN CITY ISD shall have the absolute right to reject the goods and/or services, in whole or in part. In the event that PISD QUEEN CITY ISD does not accept any goods and/or services which have been submitted to PISDQUEEN CITY ISD, PISD QUEEN CITY ISD is entitled to any and all remedies that are provided by law. In addition to the U.C.C. allowed contract by contract right of setoff, PISD QUEEN CITY ISD is entitled to a “party by party” right of set off. PISD QUEEN CITY ISD is not required to mitigate its damages in order to obtain the relief for any breach of contract remedies available to it. In addition, PISD QUEEN CITY ISD has the right to do any or all of the following, in PISDQUEEN CITY ISD’s sole discretion: a. to hold the non-conforming goods and/or services for a reasonable period at Vendor’s risk and expense pending a determination to accept or reject any or all thereof; b. to return the non-conforming goods and/or services to Vendor at PISDQUEEN CITY ISD’s election and at Vendor’s risk and expense for replacement or correction, in which case Vendor shall use best efforts to replace any non-conforming goods and/or services at Vendor’s risk and expense; c. to accept the non-conforming goods and/or services subject to an equitable price reduction; d. to replace or correct the non-conforming goods and/or services and charge to Vendor the cost occasioned to PISD QUEEN CITY ISD thereby; e. to recover by offset or otherwise any and all expenses, costs, price reductions, and damages paid, incurred, or suffered by PISD QUEEN CITY ISD as a result of the holding, return, replacement, correction, reductions, or rejections of non-conforming goods and/or services; and/or f. to terminate terminate, at will, the PO and/or any contract entered into between PISD QUEEN CITY ISD and Vendor.

Non-Conformance. Vendor assumes all liability for delivering goods that do not meet the specification(s) and standard(s) specified on the face of the PO. Any non- conforming goods and/or services which are delivered to PISD KISD are accepted under a “reservation of PISDKISD’s rights” to contest, dispute, request offsets, reject, or return the non-conforming goods and/or services, in whole or in part. Any tender of goods or performance of services by Vendor which are non-conforming as to the quality, quantity, or the delivery schedule shall constitute a breach of this PO and PISD KISD shall have the absolute right to reject the goods and/or services, in whole or in part. In the event that PISD KISD does not accept any goods and/or services which have been submitted to PISDKISD, PISD KISD is entitled to any and all remedies that are provided by law. In addition to the U.C.C. allowed contract by contract right of setoff, PISD KISD is entitled to a “party by party” right of set off. PISD KISD is not required to mitigate its damages in order to obtain the relief for any breach of contract remedies available to it. In addition, PISD KISD has the right to do any or all of the following, in PISDKISD’s sole discretion: a. to hold the non-conforming goods and/or services for a reasonable period at Vendor’s risk and expense pending a determination to accept or reject any or all thereof; b. to return the non-conforming goods and/or services to Vendor at PISDKISD’s election and at Vendor’s risk and expense for replacement or correction, in which case Vendor shall use best efforts to replace any non-conforming goods and/or services at Vendor’s risk and expense; c. to accept the non-conforming goods and/or services subject to an equitable price reduction; d. to replace or correct the non-conforming goods and/or services and charge to Vendor the cost occasioned to PISD KISD thereby; e. to recover by offset or otherwise any and all expenses, costs, price reductions, and damages paid, incurred, or suffered by PISD KISD as a result of the holding, return, replacement, correction, reductions, or rejections of non-conforming goods and/or services; and/or f. to terminate the PO and/or any contract entered into between PISD KISD and Vendor.

Non-Conformance. Vendor assumes all liability for delivering goods that do not meet the specification(s) and standard(s) specified on the face of the PO. Any non- non-conforming goods and/or services which are delivered to PISD CHISD are accepted under a “reservation of PISD’s CHISD’S rights” to contest, dispute, request offsets, reject, or return the non-conforming goods and/or services, in whole or in part. Any tender of goods or performance of services by Vendor which are non-non- conforming as to the quality, quantity, or the delivery schedule shall constitute a breach of this PO and PISD CHISD shall have the absolute right to reject the goods and/or services, in whole or in part. In the event that PISD CHISD does not accept any goods and/or services which have been submitted to PISDCHISD, PISD CHISD is entitled to any and all remedies that are provided by law. In addition to the U.C.C. allowed contract by contract right of setoff, PISD CHISD is entitled to a “party by party” right of set off. PISD CHISD is not required to mitigate its damages in order to obtain the relief for any breach of contract remedies available to it. In addition, PISD CHISD has the right to do any or all of the following, in PISD’s CHISD’S sole discretion: a. to hold the non-conforming goods and/or services for a reasonable period at Vendor’s risk and expense pending a determination to accept or reject any or all thereof; b. to return the non-conforming goods and/or services to Vendor at PISD’s CHISD’S election and at Vendor’s risk and expense for replacement or correction, in which case Vendor shall use best efforts to replace any non-conforming goods and/or services at Vendor’s risk and expense; c. to accept the non-conforming goods and/or services subject to an equitable price reduction; d. to replace or correct the non-conforming goods and/or services and charge to Vendor the cost occasioned to PISD CHISD thereby; e. to recover by offset or otherwise any and all expenses, costs, price reductions, and damages paid, incurred, or suffered by PISD CHISD as a result of the holding, return, replacement, correction, reductions, or rejections of non-conforming goods and/or services; and/or f. to terminate the PO and/or any contract entered into between PISD CHISD and Vendor.

Non-Conformance. Vendor assumes all liability for delivering goods that do not meet the specification(s) and standard(s) specified on the face of the PO. Any non- non-conforming goods and/or services which are delivered to PISD AISD are accepted under a “reservation of PISDAISD’s rights” to contest, dispute, request offsets, reject, or return the non-conforming goods and/or services, in whole or in part. Any tender of goods or performance of services by Vendor which are non-conforming as to the quality, quantity, or the delivery schedule shall constitute a breach of this PO and PISD AISD shall have the absolute right to reject the goods and/or services, in whole or in part. In the event that PISD AISD does not accept any goods and/or services which have been submitted to PISDAISD, PISD AISD is entitled to any and all remedies that are provided by law. In addition to the U.C.C. UCC allowed contract by contract right of setoff, PISD AISD is entitled to a “party by party” right of set off. PISD AISD is not required to mitigate its damages in order to obtain the relief for any breach of contract remedies available to it. In addition, PISD AISD has the right to do any or all of the following, in PISDAISD’s sole discretion: a. to hold the non-conforming goods and/or services for a reasonable period at Vendor’s risk and expense pending a determination to accept or reject any or all thereof; b. to return the non-conforming goods and/or services to Vendor at PISDAISD’s election and at Vendor’s risk and expense for replacement or correction, in which case Vendor shall use best efforts to replace any non-conforming goods and/or services at Vendor’s risk and expense; c. to accept the non-conforming goods and/or services subject to an equitable price reduction; d. to replace or correct the non-conforming goods and/or services and charge to Vendor the cost occasioned to PISD AISD thereby; e. to recover by offset or otherwise any and all expenses, costs, price reductions, and damages paid, incurred, or suffered by PISD AISD as a result of the holding, return, replacement, correction, reductions, or rejections of non-conforming goods and/or services; and/or f. to terminate terminate, at will, the PO and/or any contract entered into between PISD AISD and Vendor.

Non-Conformance. Vendor assumes all liability for delivering goods that do not meet the specification(s) and standard(s) specified on the face of the PO. Any non- non-conforming goods and/or services which are delivered to PISD TISD are accepted under a “reservation of PISDTISD’s rights” to contest, dispute, request offsets, reject, or return the non-conforming goods and/or services, in whole or in part. Any tender of goods or performance of services by Vendor which are non-conforming as to the quality, quantity, or the delivery schedule shall constitute a breach of this PO and PISD TISD shall have the absolute right to reject the goods and/or services, in whole or in part. In the event that PISD TISD does not accept any goods and/or services which have been submitted to PISDTISD, PISD TISD is entitled to any and all remedies that are provided by law. In addition to the U.C.C. allowed contract by contract right of setoff, PISD TISD is entitled to a “party by party” right of set off. PISD TISD is not required to mitigate its damages in order to obtain the relief for any breach of contract remedies available to it. In addition, PISD TISD has the right to do any or all of the following, in PISDTISD’s sole discretion: a. to hold the non-conforming goods and/or services for a reasonable period at Vendor’s risk and expense pending a determination to accept or reject any or all thereof; b. to return the non-conforming goods and/or services to Vendor at PISDTISD’s election and at Vendor’s risk and expense for replacement or correction, in which case Vendor shall use best efforts to replace any non-non- conforming goods and/or services at Vendor’s risk and expense; c. to accept the non-conforming goods and/or services subject to an equitable price reduction; d. to replace or correct the non-conforming goods and/or services and charge to Vendor the cost occasioned to PISD TISD thereby; e. to recover by offset or otherwise any and all expenses, costs, price reductions, and damages paid, incurred, or suffered by PISD TISD as a result of the holding, return, replacement, correction, reductions, or rejections of non-conforming goods and/or services; and/or f. to terminate terminate, at will, the PO and/or any contract entered into between PISD TISD and Vendor.

Non-Conformance. Vendor assumes all liability for delivering goods that do not meet the specification(s) and standard(s) specified on the face of the PO. Any non- non-conforming goods and/or services which are delivered to PISD TCISD are accepted under a “reservation of PISDTCISD’s rights” to contest, dispute, request offsets, reject, or return the non-conforming goods and/or services, in whole or in part. Any tender of goods or performance of services by Vendor which are non-conforming as to the quality, quantity, or the delivery schedule shall constitute a breach of this PO and PISD TCISD shall have the absolute right to reject the goods and/or services, in whole or in part. In the event that PISD TCISD does not accept any goods and/or services which have been submitted to PISDTCISD, PISD TCISD is entitled to any and all remedies that are provided by law. In addition to the U.C.C. allowed contract by contract right of setoff, PISD TCISD is entitled to a “party by party” right of set off. PISD TCISD is not required to mitigate its damages in order to obtain the relief for any breach of contract remedies available to it. In addition, PISD TCISD has the right to do any or all of the following, in PISDTCISD’s sole discretion: a. to hold the non-conforming goods and/or services for a reasonable period at Vendor’s risk and expense pending a determination to accept or reject any or all thereof; b. to return the non-conforming goods and/or services to Vendor at PISDTCISD’s election and at Vendor’s risk and expense for replacement or correction, in which case Vendor shall use best efforts to replace any non-conforming goods and/or services at Vendor’s risk and expense; c. to accept the non-conforming goods and/or services subject to an equitable price reduction; d. to replace or correct the non-conforming goods and/or services and charge to Vendor the cost occasioned to PISD TCISD thereby; e. to recover by offset or otherwise any and all expenses, costs, price reductions, and damages paid, incurred, or suffered by PISD TCISD as a result of the holding, return, replacement, correction, reductions, or rejections of non-non- conforming goods and/or services; and/or f. to terminate the PO and/or any contract entered into between PISD TCISD and Vendor.