Common use of NON-CONFORMING GOODS Clause in Contracts

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.

Appears in 2 contracts

Samples: delphitechnologies.portal.covisint.com, Machinery and Equipment Terms and Conditions

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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- 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.

Appears in 1 contract

Samples: Machinery and Equipment Terms and Conditions

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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-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- 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.

Appears in 1 contract

Samples: wfsinc.com

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