Common use of Non-Conformities Clause in Contracts

Non-Conformities. (A) If any of the Goods and/or Services fail to comply with any term of this Purchase Order, including: (i) fails to meet any Specifications or Quality Standards; (ii) shipped contrary to instructions; (iii) in excess of the quantities herein provided (except for quantities of Goods in excess of those ordered constituting customary quantity variations common to the trade or industry); (iv) substituted for Goods and/or Services herein described; (v) not shipped in containers conforming to Specifications (or, in the absence of such Specifications, in recognized standard containers); or (vi) allegedly violating any statute, ordinance, or administrative order, rule or regulation, then Buyer may, at its option, provide Vendor notice that Buyer elects to: (a) reject, return or hold such items at Vendor's expense and risk; Buyer may charge to Vendor all expenses of inspecting, unpacking, examining, repacking, storing, and reshipping any such items so rejected and any payment made by Buyer for such Goods and/or Services shall be refunded by Vendor; or (b) direct Vendor to promptly correct such non-conformity or replace such items at Vendor's expense following notice of such non-conformity from Buyer.

Appears in 5 contracts

Samples: Purchase Order, Purchase Order, Purchase Order

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