NON-CONFORMING GOODS. If Buyer determines that all or any portion of the goods ordered herein fail to meet the specifications, are defective, or otherwise do not conform to the requirements of this Order, Buyer shall have the right to reject such goods. If Buyer rejects any portion of the goods, Xxxxx has the right to (a) rescind this Order in its entirety without incurring any liability whatsoever; (b) accept the goods at a reasonably reduced price; or (c) reject the goods and require replacements of the rejected goods. If Buyer requires replacement of the nonconforming and/or defective goods, Buyer shall provide notice to Seller. If, after notice, Seller fails to replace or correct such rejected items within the timeframe provided in the notice, such goods may be replaced or corrected (without thereby exercising wrongful ownership) by Buyer at the expense of Seller. Any goods rejected by Buyer shall be at Seller's risk and expense, and such goods shall not thereafter be tendered for acceptance unless the former rejection or requirement for correction is disclosed. Packaging and handling expense incidental thereto and applicable transportation cost shall be charged to Seller's account. Upon rejection of any goods, Buyer shall not be liable for damages or loss of anticipated profits as set forth in Section 27. For non- conformances discovered prior to shipment or delivery, Seller shall contact Buyer as soon as the non-conformance is known, to facilitate the disposition of identified non-conformances. Seller shall not ship any non-confirming goods without Xxxxx’s prior written approval. Unless otherwise expressly granted in writing by Xxxxx, no relief in the established delivery schedule shall accrue by virtue of Seller having notified Buyer of the non-conformance.
NON-CONFORMING GOODS. Seller will not substitute non-conforming Goods or back order such Goods without HSY's prior approval, and HSY may reject all or part of any shipment which contains non-conforming Goods. No such Goods will be deemed part of a commercial unit requiring acceptance of their entirety.
NON-CONFORMING GOODS. Upon Buyer's receipt of shipment, Buyer shall immediately inspect the goods. Unless Buyer provides Seller with written notice of any claim for shortage, defect or nonconformity in the goods within thirty (30) days after receipt of shipment, such goods shall be deemed finally inspected, checked and accepted by Buyer and Buyer's failure to provide such notice shall be deemed to constitute a waiver of any such claim.
NON-CONFORMING GOODS. Seller will not substitute any goods for the goods covered by this Contract unless Buyer consents in writing. If Buyer rejects any goods as non-conforming, Buyer may, at its option: (a) reduce the quantities of goods ordered under this Contract by the quantity of non-conforming goods; (b) require Seller to replace the non-conforming goods; and/or (c) exercise any other applicable rights or remedies. Seller will bear all risk of loss with respect to all non-conforming goods and will promptly pay or reimburse all costs incurred by Buyer to return, store or dispose any non- conforming goods. Buyer’s payment for any non-conforming goods will not constitute acceptance by Buyer, limit or impair Buyer’s right to exercise any rights or remedies, or relieve Seller of responsibility for the non-conforming goods.
NON-CONFORMING GOODS. Buyer shall hold non-conforming Goods in accordance with Seller’s instructions, at Seller’s risk. If Seller fails to provide written instructions within seven (7) days after notice of non-conformity, or such shorter period of time as may be commercially reasonable under the circumstances, Buyer may charge Seller for storage and handling, and may dispose of the non-conforming Goods in any commercially reasonable manner. Seller shall be responsible for all costs associated with the removal of the non-conforming Goods. Any proceeds received by Buyer from the disposition of non-conforming Goods shall be applied first to Buyer’s costs of storage, handling, and selling of the non-conforming Goods and, then, otherwise remitted to Seller.
NON-CONFORMING GOODS. SUPPLIER acknowledges and agrees that Mobileye is not required to perform incoming inspection of any goods, and SUPPLIER waives any right to require Mobileye to conduct any such inspections. SUPPLIER will not substitute any goods for the goods covered by this Agreement unless Mobileye consents in writing. If Mobileye rejects any Products as non-conforming, Mobileye may, at its option, (a) reduce the quantities of Products ordered under such Order By the quantity of non-conforming Products, (b) require SUPPLIER to replace the non-conforming Products, and/or (c) exercise any other applicable rights or remedies. If SUPPLIER fails to inform Mobileye in writing of the manner in which SUPPLIER desires that Mobileye dispose of non-conforming Products within 2 working days of notice of Mobileye’s rejection of non-conforming Products (or such shorter period as is reasonable under the circumstances), Mobileye will be entitled to dispose of the non-conforming Products without liability to SUPPLIER; provided, however, that in any event Mobileye may elect to arrange for the shipment of any non-conforming Products back to SUPPLIER al SUPPLIER’s expense. Mobileye has the sole discretion to decide which are non-conforming Products. Mobileye’s payment for any non-conforming Products will not constitute acceptance by Mobileye, limit or impair Mobileye’s right to exercise any rights or remedies, or relieve SUPPLIER of responsibility for the non-conforming Products. If the product fails the incoming inspection or are discovered to contain a material defect or non-conformance to Products by the authorized installer/distributor at the time of installation, SUPPLIER shall, upon Mobileye’s request, issue a Return Material Authorization (RMA) number within 48 hours of the RMA request. An issuance of RMA by SUPPLIER does not constitute an admission of fault by SUPPLIER. Acceptance criteria are defined solely by Mobileye in the Manufacturing File.
NON-CONFORMING GOODS. Within 10 days after receipt by Applicant of any goods or products from Xxxxx and before any part of the goods or products have been changed from their original condition, organization, grouping or location, Applicant shall inform Xxxxx, in writing, if the goods or products are non- conforming or defective in any respect or if Applicant disputes the count, amount or pricing of such products. Failure to timely inform Xxxxx of any such claim as provided in this Paragraph shall be conclusive on Applicant that conforming goods or products were delivered to Applicant and accepted by Applicant in all respects. All prices on any invoice or statement of Xxxxx are deemed accurate if not contested by Applicant in writing to Xxxxx within 10 days after receipt of the invoice or statement.
NON-CONFORMING GOODS. Upon Buyer's receipt of shipment, Buyer shall immediately inspect the goods. Unless Buyer provides Seller with written notice of any claim for shortage, evident defect or nonconformity in the goods within ten (10) days after receipt of shipment, such goods shall be deemed finally inspected, checked and accepted by Buyer and Buyer's failure to provide such notice shall be deemed to constitute a waiver of any such claim. Under penalty of forfeiture, Buyer shall provide Seller with written notice of any claim for hidden defects in the goods within ten (10) days after the discovery of such defects.
NON-CONFORMING GOODS. In case any Goods are defective during the Warranty Period, Ibiden may: (i) require the Counterparty to reduce the price of, repair or replace the defective Goods; or (ii) cancel the Contract of the defective Goods and return the defective Goods at the Counterparty’s expense and risk. Ibiden is further entitled to claim any damages suffered by Ibiden as a result of the defective Goods against the Counterparty.
NON-CONFORMING GOODS. If Buyer provides DAF with notice within ten (10) days of learning of a possible warranty breach and reasonable opportunity to inspect: DAF may, at its option, either repair or replace said nonconforming goods or repay the price thereof. If DAF requests the return of the nonconforming goods, no obligation for breach of warranty shall arise unless the goods have been returned to DAF within thirty (30) days after such request is made. Buyer’s failure to provide timely notice shall constitute a waiver of its claims. The aforesaid obligations of DAF to repair or replace defective or nonconforming goods or repay the purchase price thereof is expressly agreed by the parties to be the limit of DAF's liability and Buyer's sole and exclusive remedy for warranty.
