Non-conformity. In the event that Buyer determines that any Material is defective, damaged or otherwise not in conformity, Buyer may reject the Material and, in such case, Buyer will not be obligated for payment of the purchase price and may cancel the order/release without obligation or liability. Should Seller not make whole on promised Material or, if Buyer has already paid for the Material in question, Seller will, at Buyer's option, either: (i) replace or reprocess the Material, or (ii) reimburse Buyer for the purchase price of the Material. In either case, Seller will pay for incidental and verifiable costs including but not limited to, Xxxxx's cost of repackaging, manufacturing and transporting the defective Material and/or replacement Material to and from Buyer's or Buyer’s customer’s facility.
Non-conformity. 11.1. If any Goods, Services or Work Products are defective, latent or otherwise do not conform to the requirements of the Agreement, Signify shall notify Supplier and may, without prejudice to any other right or remedy available to it under the Agreement or at law, at its sole discretion:
(a) require performance by Supplier;
(b) require delivery of substitute Goods or Work Products;
(c) require Supplier to remedy the lack of conformity by repair;
(d) declare the contract rescinded; or
(e) reduce the price in the same proportion as the value of the Goods or Services actually delivered, even if that results in a full refund of the price paid to Supplier. Supplier acknowledges and accepts that in the event that Signify elects Supplier to remedy the lack of conformity by repair, Signify entitled is to determine to have such non-confirming Goods or Work Products repaired by Supplier, whether or not in the field, with other components than those used by Supplier.
11.2. Supplier shall bear all cost of repair, replacement and transportation of the nonconforming Goods, and shall reimburse Signify in respect of all costs and expenses (including, without limitation, inspection, handling and storage costs) reasonably incurred by Signify in connection therewith.
11.3. Risk in relation to the nonconforming Goods shall pass to Supplier upon the date of notification thereof.
Non-conformity. The applicability of Sections 7:17 and 7:20 to 7:23 inclusive of the Dutch Civil Code is hereby excluded.
Non-conformity. Non-conforming delivered products shall be handled in accordance with the conditions mentioned in subcontracting specification sheet CC SST GB 02.
Non-conformity. In the event the Products do not conform to the sample or prototype approved by OFSC, then OFSC shall be permitted to reject all non-conforming shipments and shall be entitled to, at OFSC's option, replacement products or reimbursement for the costs (including shipping and delivery charges) of the Products.
Non-conformity. Bureau Veritas Certification auditors will only identify non-conformities that will help the company to improve their management system and to ensure that the requirements in the standard are fulfilled.
Non-conformity. In regard to all Products sold by Sensor-Technik to Xxxxx, if the Products are non-conforming products to the specifications and requirements, Sensor-Technik shall use commercially reasonable efforts to supply conforming Products as soon as reasonably possible and shall be solely responsible for any costs in shipment in providing conforming products.
Non-conformity. The Purchaser may refuse any delivery that does not conform to the provisions of the Contract. The Supplier shall be obliged to take back at his own risk and expense, the Deliverables refused or those that exceed the quantities ordered.
Non-conformity. If Company determines that Crew’s work does not conform to the provisions of the work order, or that the work is not of appropriate quality, or if the work is not up to code, Company shall so advise Crew. If Crew does not cure such defects or errors within the time period designated by Company, Company shall have the right to correct the defects and to set off the cost of such corrections from any amounts owed to Crew under this Agreement. Crew is toknow, understand, and follow all codes in the particular area they areworking.
Non-conformity. If the Products delivered are non-conforming products to the specifications and requirements, AVIA Ashok shall use commercially reasonable efforts in supply conforming Products to Xxxxx as soon as reasonably possible and shall advise Xxxxx of the earliest practicable delivery date. However, if AVIA Ashok fails to provides conforming Products within 60 days following the written notification (in paper or by mail) about non-conformance from Xxxxx to AVIA Ashok, AVIA Ashok shall be subject, at Xxxxx’x discretion, to a penalty of [***] of the total price of the non-conforming Product, per week, subject to a maximum of [***] until the conforming Product is delivered to Xxxxx. ***Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission.
