Common use of Non-conforming Products and Services Clause in Contracts

Non-conforming Products and Services. 9.1 Timken may, but is not required to, inspect the Products upon arrival, and the Services upon completion. 9.2 If Timken reasonably suspects non-conformance from its inspection of Products prior to acceptance, and if the Products are needed by Timken for urgent production, Seller shall promptly dispatch a rapid inspection team to the location where the Products are stored to inspect the Products to verify the non-conformance, or procure the services of a third party inspection service to perform such inspection to verify the non-conformance, with the cost of such service to be borne by Seller. 9.3 If Timken rejects, on any reasonable basis, any Products or Services as non-conforming, Timken may take one or a combination of the following actions: (a) reduce the quantity of Product and Services ordered under the Agreement by the quantity of non- conforming Products and Services, and have Seller promptly issue a refund or credit to Timken for the purchase price associated with the reduced quantity (or, if Seller does not do so, to debit Seller for the same amount), (b) require Seller to repair, replace or re-perform the non-conforming Products and Services, and (c) accept the non-conforming Products or Services and have Seller promptly reduce the purchase price by or issue a credit or refund in an amount Timken reasonably determines to be the amount by which the value of the non- conforming Products or Services has been diminished (or, if Seller does not do so, to debit Seller for the same amount). Seller shall promptly pay or reimburse Timken for all costs incurred to inspect, sort, test, rework, replace, return, store or dispose of non-conforming Products, or otherwise associated with the discovery of non-conformance (whether initiated by Timken via issuance of an 8D DMR in Timken’s Global Quality Tracking System (GQTS) or otherwise). 9.4 Timken will hold non-conforming Products for 48 hours (or a shorter period if reasonable under the circumstances) from Timken’s notice of rejection. If Seller does not inform Timken in writing of the manner in which Seller desires that Timken dispose of the non-conforming Products within that time, Timken may dispose of the non-conforming Products in any manner it sees fit without liability to Seller, including arranging for shipment of the non-conforming Products back to Seller at Seller’s expense. Seller shall bear all risk of loss and damage to non-conforming Products. 9.5 None of the following will constitute acceptance by Timken of non-conforming Products or Services, limit or impair Timken’s right to exercise any of its rights and remedies under the Agreement or applicable law, or relieve Seller of its obligations (including warranty obligations) under the Agreement: (a) Timken’s inspection of or failure to inspect the Products or Services, (b) Timken’s failure to reject non-conforming Products or Services following receipt, and (c) Timken’s payment for or use of the Products or Services.

Appears in 8 contracts

Samples: Terms and Conditions of Purchase, Terms and Conditions of Purchase, Terms and Conditions of Purchase

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Non-conforming Products and Services. 9.1 Timken XxXxxxx may, but is not required to, inspect the Products upon arrivalarrival at the designated XxXxxxx facility, and the Services upon completion. 9.2 If Timken XxXxxxx reasonably suspects non-conformance from its inspection of Products prior to acceptance, and if the Products are needed by Timken XxXxxxx for urgent production, Seller shall promptly dispatch a rapid inspection team to the location where the Products are stored to inspect the Products to verify the non-conformance, or procure the services of a third party inspection service to perform such inspection to verify the non-conformance, with the cost of such service to be borne by Seller. 9.3 If Timken XxXxxxx rejects, on any reasonable basis, any Products or Services as non-conforming, Timken XxXxxxx may take one or a combination of the following actions: (a) reduce the quantity of Product and Services ordered under the Agreement by the quantity of non- conforming nonconforming Products and Services, and have Seller promptly issue a refund or credit to Timken XxXxxxx for the purchase price associated with the reduced quantity (or, if Seller does not do so, to debit Seller for the same amount), (b) require Seller to repair, replace or re-perform the non-conforming Products and Services, and (c) accept the non-conforming Products or Services and have Seller promptly reduce the purchase price by or issue a credit or refund in an amount Timken XxXxxxx reasonably determines to be the amount by which the value of the non- non-conforming Products or Services has been diminished (or, if Seller does not do so, to debit Seller for the same amount). Seller shall promptly pay or reimburse Timken XxXxxxx, if requested, for all reasonable costs incurred to inspect, sort, test, rework, replace, return, store or dispose of non-conforming Products, or otherwise associated with the discovery of non-conformance (whether initiated by Timken via issuance of an 8D DMR in Timken’s Global Quality Tracking System (GQTS) or otherwise)conformance. 9.4 Timken XxXxxxx will hold non-conforming Products for 48 hours (or a shorter period if reasonable under the circumstances) from Timken’s XxXxxxx’x notice of rejection. If Seller does not inform Timken XxXxxxx in writing of the manner in which Seller desires that Timken XxXxxxx dispose of the non-conforming Products within that time, Timken XxXxxxx may dispose of the non-conforming Products in any manner it sees fit without liability to Seller, including arranging for shipment of the non-conforming Products back to Seller at Seller’s expense. Seller shall bear all risk of loss and damage to non-non- conforming Products. 9.5 None of the following will constitute acceptance by Timken XxXxxxx of non-conforming Products or Services, limit or impair Timken’s XxXxxxx’x right to exercise any of its rights and remedies under the Agreement or applicable law, or relieve Seller of its obligations (including warranty obligations) under the Agreement: (a) Timken’s XxXxxxx’x inspection of or failure to inspect the Products or Services, (b) Timken’s XxXxxxx’x failure to reject non-conforming Products or Services following receipt, and (c) Timken’s XxXxxxx’x payment for or use of the Products or Services. 9.6 The supplier must notify XxXxxxx of any changes in product and / or process definition; non-conforming product; changes of suppliers; and manufacturing facility location. 9.7 The supplier must flow down requirements of this order when sub-tiering.

Appears in 2 contracts

Samples: Terms and Conditions of Purchase, Terms and Conditions of Purchase

Non-conforming Products and Services. 9.1 Timken may, but is not required to, inspect the Products upon arrival, and the Services upon completion. 9.2 If Timken reasonably suspects non-conformance from its inspection of Products prior to acceptance, and if the Products are needed by Timken for urgent production, Seller shall promptly dispatch a rapid inspection team to the location where w here the Products Prod ucts are stored to inspect the Products to verify the non-conformance, or procure the services of a third party inspection service to perform such inspection to verify the non-conformance, with w ith the cost of such service to be borne by Seller. 9.3 If Timken rejects, on any reasonable basis, any Products or Services as non-conforming, Timken may take one or a combination of the following follow ing actions: (a) reduce the quantity of Product and Services ordered under the Agreement by the quantity of non- conforming Products and Services, and have Seller promptly issue a refund or credit to Timken for the purchase price associated with associat ed w ith the reduced quantity (or, if Seller does not do so, to debit Seller for the same amount), (b) require Seller to repair, replace or re-perform the non-conforming Products and Services, and (c) accept the non-conforming Products or Services and have Seller promptly reduce the purchase price by or issue a credit or refund in an amount Timken reasonably determines to be the amount by which w hich the value of o f the non- conforming Products or Services has been diminished (or, if Seller does not do so, to debit Seller for the same amount). Seller shall promptly pay or reimburse Timken for all costs incurred to inspect, sort, test, reworkrew ork, replace, return, store or dispose of non-conforming Products, or otherwise otherw ise associated with w ith the discovery of non-conformance (whether w hether initiated by Timken via issuance of an 8D DMR in Timken’s Global Quality Tracking System (GQTS) or otherwiseotherw ise). 9.4 Timken will w ill hold non-conforming Products for 48 hours (or a shorter period if reasonable under the circumstances) from Timken’s notice of rejection. If Seller does not inform Timken in writing w riting of the manner in which w hich Seller desires that Timken dispose of the non-conforming Products within w ithin that time, Timken may dispose of the non-conforming Products in any manner it sees fit without w ithout liability to Seller, including arranging for shipment of the non-conforming Products back to Seller at Seller’s expense. Seller shall bear all risk of loss and damage to non-conforming Products. 9.5 None of the following will follow ing w ill constitute acceptance by Timken of non-conforming Products or Services, limit or impair Timken’s right to exercise any of its rights and remedies under the Agreement or applicable lawlaw , or relieve Seller of its obligations (including warranty w arranty obligations) under the Agreement: (a) Timken’s inspection of or failure to inspect the Products or Services, (b) Timken’s failure to reject non-conforming Products or Services following follow ing receipt, and (c) Timken’s payment for or use of the Products or Services.

Appears in 2 contracts

Samples: Terms and Conditions of Purchase, Terms and Conditions of Purchase

Non-conforming Products and Services. 9.1 Timken may, but is not required to, inspect the Products upon arrival, and the Services upon completion. 9.2 If Timken reasonably suspects non-conformance from its inspection of Products prior to acceptance, and if the Products are needed by Timken for urgent production, Seller shall promptly dispatch a rapid inspection team to the location where the Products are stored to inspect the Products to verify the non-non- conformance, or procure the services of a third party inspection service to perform such inspection to verify the non-conformance, with the cost of such service to be borne by Seller. 9.3 If Timken rejects, on any reasonable basis, any Products or Services as non-conforming, Timken may take one or a combination of the following actions: (a) reduce the quantity of Product and Services ordered under the Agreement by the quantity of non- non-conforming Products and Services, and have Seller promptly issue a refund or credit to Timken for the purchase price associated with the reduced quantity (or, if Seller does not do so, to debit Seller for the same amount), (b) require Seller to repair, replace or re-perform the non-conforming Products and Services, and (c) accept the non-conforming Products or Services and have Seller promptly reduce the purchase price by or issue a credit or refund in an amount Timken reasonably determines to be the amount by which the value of the non- non-conforming Products or Services has been diminished (or, if Seller does not do so, to debit Seller for the same amount). Seller shall promptly pay or reimburse Timken for all costs incurred to inspect, sort, test, rework, replace, return, store or dispose of non-conforming Products, or otherwise associated with the discovery of non-conformance (whether initiated by Timken via issuance of an 8D DMR in Timken’s 's Global Quality Tracking System (GQTS) or otherwise). 9.4 Timken will hold non-conforming Products for 48 hours (or a shorter period if reasonable under the circumstances) from Timken’s Xxxxxx's notice of rejection. If Seller Xxxxxx does not inform Timken in writing of the manner in which Seller desires that Timken dispose of the non-conforming Products within that time, Timken may dispose of the non-conforming Products in any manner it sees fit without liability to Seller, including arranging for shipment of the non-conforming Products back to Seller at Seller’s 's expense. Seller shall bear all risk of loss and damage to non-conforming Products. 9.5 None of the following will constitute acceptance by Timken of non-non- conforming Products or Services, limit or impair Timken’s 's right to exercise any of its rights and remedies under the Agreement or applicable law, or relieve Seller of its obligations (including warranty obligations) under the Agreement: (a) Timken’s 's inspection of or failure to inspect the Products or Services, (b) Timken’s 's failure to reject non-conforming Products or Services following receipt, and (c) Timken’s 's payment for or use of the Products or Services.

Appears in 1 contract

Samples: Terms and Conditions of Purchase

Non-conforming Products and Services. 9.1 Timken 10.1 Buyer may, but is not required to, inspect the Products upon arrival, and the Services upon completion. 9.2 10.2 If Timken Buyer reasonably suspects non-conformance non-­‐conformance from its inspection of Products prior to acceptance, and if the Products are needed by Timken Buyer for urgent production, Seller shall promptly dispatch a rapid an inspection team to the location where the Products are stored to inspect the Products to verify the non-non-­‐ conformance, or procure the services of a third party inspection service to perform such inspection to verify the non-conformancenon-­‐conformance, with the cost of such service to be borne by Seller. 9.3 10.3 If Timken Buyer rejects, on any reasonable basis, any Products or Services as non-conformingnon-­‐conforming, Timken Buyer may take one or a combination of the following actions: (a) reduce the quantity of Product and Services ordered under the Agreement by the quantity of non- conforming nonconforming Products and Services, and have Seller promptly issue a refund or credit to Timken Buyer for the purchase price associated with the reduced quantity (or, if Seller does not do so, to debit Seller for the same amount), (b) require Seller to repair, replace or re-perform re-­‐perform the non-conforming non-­‐conforming Products and Services, and (c) accept the non-conforming non-­‐conforming Products or Services and have Seller promptly reduce the purchase price by or issue a credit or refund in an amount Timken Buyer reasonably determines to be the amount by which the value of the non- conforming nonconforming Products or Services has been diminished (or, if Seller does not do so, to debit Seller for the same amount). Seller shall promptly pay or reimburse Timken Buyer for all costs incurred to inspect, sort, test, rework, replace, return, store or dispose of non-conforming non-­‐conforming Products, or otherwise associated with the discovery of non-non-­‐ conformance (whether initiated by Timken via issuance of an 8D DMR in Timken’s Global Quality Tracking System (GQTS) Buyer or otherwise). 9.4 Timken 10.4 Buyer will hold non-conforming non-­‐conforming Products for 48 hours (or a shorter period if reasonable under the circumstances) from TimkenBuyer’s notice of rejection. If Seller does not inform Timken Buyer in writing of the manner in which Seller desires that Timken Buyer dispose of the non-conforming non-­‐conforming Products within that time, Timken Buyer may dispose of the non-conforming non-­‐conforming Products in any manner it sees fit without liability to Seller, including arranging for shipment of the non-conforming non-­‐conforming Products back to Seller at Seller’s expense. Seller shall bear all risk of loss and damage to non-conforming non-­‐conforming Products. 9.5 10.5 None of the following will constitute acceptance by Timken Buyer of non-conforming non-­‐conforming Products or Services, limit or impair TimkenBuyer’s right to exercise any of its rights and remedies under the Agreement or applicable law, or relieve Seller of its obligations (including warranty obligations) under the Agreement: (a) TimkenBuyer’s inspection of or failure to inspect the Products or Services, (b) TimkenBuyer’s failure to reject non-conforming non-­‐conforming Products or Services following receipt, and (c) TimkenBuyer’s payment for or use of the Products or Services.

Appears in 1 contract

Samples: Terms and Conditions of Purchase

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Non-conforming Products and Services. 9.1 Timken may, but is not required to, inspect the Products upon arrival, and the Services upon completion. 9.2 If Timken reasonably suspects non-conformance from its inspection of Products prior to acceptance, and if the Products are needed by Timken for urgent production, Seller shall promptly dispatch a rapid inspection team to the location where the Products are stored to inspect the Products to verify the non-conformance, or procure the services of a third party inspection service to perform such inspection to verify the non-conformance, with the cost of such service to be borne by Seller. 9.3 If Timken rejects, on any reasonable basis, any Products or Services as non-conforming, Timken may take one or a combination of the following actions: (a) reduce the quantity of Product and Services ordered under the Agreement by the quantity of non- non-conforming Products and Services, and have Seller promptly issue a refund or credit to Timken for the purchase price associated with the reduced quantity (or, if Seller does not do so, to debit Seller for the same amount), , (b) require Seller to repair, replace or re-perform the non-conforming Products and Services, and (c) accept the non-non- conforming Products or Services and have Seller promptly reduce the purchase price by or issue a credit or refund in an amount Timken reasonably determines to be the amount by which the value of the non- non-conforming Products or Services has been diminished (or, if Seller does not do so, to debit Seller for the same amount). Seller shall promptly pay or reimburse Timken for all costs incurred to inspect, sort, test, rework, replace, return, store or dispose of non-conforming Products, or otherwise associated with the discovery of non-conformance (whether initiated by Timken via issuance of an 8D DMR in Timken’s 's Global Quality Tracking System (GQTS) or otherwise). 9.4 Timken will hold non-conforming Products for 48 hours (or a shorter period if reasonable under the circumstances) from Timken’s 's notice of rejection. If Seller Xxxxxx does not inform Timken in writing of the manner in which Seller desires that Timken dispose of the non-conforming Products within that time, Timken may dispose of the non-conforming Products in any manner it sees fit without liability to Seller, including arranging for shipment of the non-conforming Products back to Seller at Seller’s 's expense. Seller shall bear all risk of loss and damage to non-conforming Products. 9.5 None of the following will constitute acceptance by Timken of non-conforming Products or Services, limit or impair Timken’s 's right to exercise any of its rights and remedies under the Agreement or applicable law, or relieve Seller of its obligations (including warranty obligations) under the Agreement: (a) Timken’s 's inspection of or failure to inspect the Products or Services, (b) Timken’s 's failure to reject non-conforming Products or Services following receipt, and (c) Timken’s 's payment for or use of the Products or Services.

Appears in 1 contract

Samples: Terms and Conditions of Purchase

Non-conforming Products and Services. 9.1 Timken R+L may, but is not required to, inspect the Products upon arrival, and the Services upon completion. 9.2 If Timken R+L reasonably suspects non-conformance from its inspection of Products prior to acceptance, and if the Products are needed by Timken R+L for urgent production, Seller shall promptly dispatch a rapid inspection team to the location where the Products are stored to inspect the Products to verify the non-conformance, or procure the services of a third party inspection service to perform such inspection to verify the non-conformance, with the cost of such service to be borne by Seller. 9.3 If Timken R+L rejects, on any reasonable basis, any Products or Services as non-conforming, Timken R+L may take one or a combination of the following actions: (a) reduce the quantity of Product and Services ordered under the Agreement by the quantity of non- non-conforming Products and Services, and have Seller promptly issue a refund or credit to Timken R+L for the purchase price associated with the reduced quantity (or, if Seller does not do so, to debit Seller for the same amount), (b) require Seller to repair, replace or re-perform the non-conforming Products and Services, and (c) accept the non-non- conforming Products or Services and have Seller promptly reduce the purchase price by or issue a credit or refund in an amount Timken R+L reasonably determines to be the amount by which the value of the non- non-conforming Products or Services has been diminished (or, if Seller does not do so, to debit Seller for the same amount). Seller shall promptly pay or reimburse Timken R+L for all costs incurred to inspect, sort, test, rework, replace, return, store or dispose of non-conforming Products, or otherwise associated with the discovery of non-conformance (whether initiated by Timken via issuance of an 8D DMR in Timken’s Global Quality Tracking System (GQTS) or otherwise)conformance. 9.4 Timken R+L will hold non-conforming Products for 48 hours (or a shorter period if reasonable under the circumstances) from TimkenR+L’s notice of rejection. If Seller does not inform Timken R+L in writing of the manner in which Seller desires that Timken R+L dispose of the non-conforming Products within that time, Timken R+L may dispose of the non-conforming Products in any manner it sees fit without liability to Seller, including arranging for shipment of the non-conforming Products back to Seller at Seller’s expense. Seller shall bear all risk of loss and damage to non-conforming Products. 9.5 None of the following will constitute acceptance by Timken R+L of non-conforming Products or Services, limit or impair TimkenR+L’s right to exercise any of its rights and remedies under the Agreement or applicable law, or relieve Seller of its obligations (including warranty obligations) under the Agreement: (a) TimkenR+L’s inspection of or failure to inspect the Products or Services, (b) TimkenR+L’s failure to reject non-conforming Products or Services following receipt, and (c) TimkenR+L’s payment for or use of the Products or Services.

Appears in 1 contract

Samples: Terms and Conditions of Purchase

Non-conforming Products and Services. 9.1 Timken TimkenSteel may, but is not required to, inspect the Products upon arrivalarrival at the designated TimkenSteel facility, and the Services upon completion. 9.2 If Timken TimkenSteel reasonably suspects non-conformance from its inspection of Products prior to acceptance, and if the Products are needed by Timken TimkenSteel for urgent production, Seller shall promptly dispatch a rapid inspection team to the location where the Products are stored to inspect the Products to verify the non-conformance, or procure the services of a third party inspection service to perform such inspection to verify the non-conformance, with the cost of such service to be borne by Seller. 9.3 If Timken TimkenSteel rejects, on any reasonable basis, any Products or Services as non-conforming, Timken TimkenSteel may take one or a combination of the following actions: (a) reduce the quantity of Product and Services ordered under the Agreement by the quantity of non- conforming Products and Services, and have Seller promptly issue a refund or credit to Timken TimkenSteel for the purchase price associated with the reduced quantity (or, if Seller does not do so, to debit Seller for the same amount), (b) require Seller to repair, replace or re-re- perform the non-conforming Products and Services, and (c) accept the non-conforming Products or Services and have Seller promptly reduce the purchase price by or issue a credit or refund in an amount Timken TimkenSteel reasonably determines to be the amount by which the value of the non- non-conforming Products or Services has been diminished (or, if Seller does not do so, to debit Seller for the same amount). Seller shall promptly pay or reimburse Timken TimkenSteel for all costs incurred to inspect, sort, test, rework, replace, return, store or dispose of non-conforming Products, or otherwise associated with the discovery of non-conformance (whether initiated by Timken TimkenSteel via issuance of an 8D DMR in TimkenTimkenSteel’s Global Quality Tracking System (GQTS) or otherwise). 9.4 Timken TimkenSteel will hold non-conforming Products for 48 hours (or a shorter period if reasonable under the circumstances) from TimkenTimkenSteel’s notice of rejection. If Seller does not inform Timken TimkenSteel in writing of the manner in which Seller desires that Timken TimkenSteel dispose of the non-conforming Products within that time, Timken TimkenSteel may dispose of the non-conforming Products in any manner it sees fit without liability to Seller, including arranging for shipment of the non-conforming Products back to Seller at Seller’s expense. Seller shall bear all risk of loss and damage to non-conforming Products. 9.5 None of the following will constitute acceptance by Timken TimkenSteel of non-conforming Products or Services, limit or impair TimkenTimkenSteel’s right to exercise any of its rights and remedies under the Agreement or applicable law, or relieve Seller of its obligations (including warranty obligations) under the Agreement: (a) TimkenTimkenSteel’s inspection of or failure to inspect the Products or Services, (b) Timken’s failure to reject non-conforming Products or Services following receipt, and (c) Timken’s payment for or use of the Products or Services.,

Appears in 1 contract

Samples: Terms and Conditions of Purchase

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