Common use of Nonconforming Goods Clause in Contracts

Nonconforming Goods. Buyer shall have the right of inspection and approval, and may, in addition to its other remedies, reasonable opportunity to reject and return Goods or require replacement Goods at Seller’s sole cost and expense if such Goods are defective and/or not in compliance with specifications, warranty or any terms and conditions set forth in this Agreement. Payment for or use of Goods prior to inspection shall not constitute acceptance thereof and shall be made without prejudice to any and all claims that Buyer may have against Seller. Buyer’s signature on any shipping/receiving document shall not constitute acceptance of Goods or any different terms or conditions or acknowledge condition of Goods but shall merely acknowledge receipt of a shipment. Acceptance of any part of the shipment of Goods shall not bind Buyer to accept any non-conforming Goods simultaneously provided by Seller, nor deprive Buyer of the right to reject any previous or future non-conforming goods. If Seller fails to correct defects in or replace nonconforming Goods promptly, then Buyer, after reasonable notice to Seller, may make such corrections or replace such Goods and charge Seller for the cost incurred by Buyer in doing so. Destruction and clean-up costs of non-conforming Goods shall be reimbursed by Seller as well. In the event Buyer receives Goods whose defects or nonconformity is not apparent on examination, Buyer reserves the right to require replacement of such non-conforming Goods, as well as payment of damages.

Nonconforming Goods. Buyer shall have the right of inspection and approval, and may, in addition to its other remedies, reasonable opportunity to reject and return Goods or require replacement Goods at Seller’s sole cost and expense if such Goods are defective and/or not in compliance with specifications, warranty or any terms and conditions set forth in this Agreement. Payment for or use of Goods prior to inspection shall not constitute acceptance thereof and shall be made without prejudice to any and all claims that Buyer may have against Seller. Buyer’s signature on any shipping/receiving document shall not constitute acceptance of Goods or any different terms or conditions conditions, or acknowledge condition of Goods but shall merely acknowledge receipt of a shipment. Acceptance of any part of the shipment of Goods shall not bind Buyer to accept any non-non- conforming Goods simultaneously provided by Seller, nor deprive Buyer of the right to reject any previous or future non-conforming goods. If Seller fails to correct defects in or replace nonconforming Goods promptly, then Buyer, after reasonable notice to Seller, may make such corrections or replace such Goods and charge Seller for the cost incurred by Buyer Xxxxx in doing so. Destruction and clean-up costs of non-conforming Goods shall be reimbursed by Seller Xxxxxx as well. In the event Buyer Xxxxx receives Goods whose defects or nonconformity is not apparent on examination, Buyer reserves the right to require replacement of such non-conforming Goods, as well as payment of damages.

Nonconforming Goods. Seller acknowledges that Buyer shall have has no obligation to perform incoming inspections of the right of inspection and approvalgoods, and maywaives any rights to require Buyer to conduct such inspections. Any such inspection performed by Seller shall be without obligation to Buyer. To the extent Xxxxx rejects goods as nonconforming, the quantities under this contract will automatically be reduced unless Buyer otherwise notifies Seller. With the exception of consigned/bailed and/or indirect (goods not to be incorporated into Buyer’s products) goods, Seller will not replace quantities so reduced without a new contract or schedule from Buyer. Nonconforming goods will be held by Buyer in addition to its other remedies, reasonable opportunity to reject and return Goods or require replacement Goods accordance with Seller’s instructions at Seller’s sole cost risk. Seller’s failure to provide written instructions within 10 days, or such shorter period as may be commercially reasonable under the circumstances, after notice of nonconformity shall entitle Buyer, at Buyer’s option, to charge Seller for storage and expense if such Goods are defective and/or not in compliance with specifications, warranty handling or any terms and conditions set forth in this Agreementto dispose of the goods without liability to Seller. Payment for or use of Goods prior to inspection nonconforming goods shall not constitute an acceptance thereof and shall be made without prejudice to any and all claims that Buyer may have against Seller. of them, limit or impair Buyer’s signature on any shipping/receiving document shall not constitute acceptance of Goods or any different terms or conditions or acknowledge condition of Goods but shall merely acknowledge receipt of a shipment. Acceptance of any part of the shipment of Goods shall not bind Buyer to accept any non-conforming Goods simultaneously provided by Seller, nor deprive Buyer of the right to reject assert any previous legal or future non-conforming goodsequitable remedy available under applicable law, or relieve Seller’s responsibility for latent defects. If Any goods (a) determined to be nonconforming by Seller fails to correct defects in (or replace nonconforming Goods promptly, then Buyer, after reasonable notice to Seller, may make such corrections or replace such Goods and charge Seller for the cost incurred its suppliers); (b) rejected by Buyer in doing so. Destruction and clean-up costs of non-conforming Goods shall as nonconforming; or (c) that become obsolete or surplus, will be reimbursed rendered unusable prior to salvage or disposal by Seller (or its suppliers). Seller will ensure that nonconforming, rejected, obsolete or surplus goods are not sold as wellservice or replacement parts to third parties. In the event Buyer receives Goods whose defects or nonconformity is not apparent on examination, Buyer reserves the right Seller will institute appropriate controls with its suppliers to require replacement of such non-conforming Goods, as well as payment of damagesensure compliance with this Section.

Nonconforming Goods. All goods received shall be subject to Buyer’s inspection, acceptance, or rejection. Seller waives any rights to require Buyer shall have to conduct such inspections. Buyer will request Return Materials Authorization, (“RMA”), or equivalent, for rejected goods within a reasonable period after receipt. Inspection, acceptance, or rejection may, at Buyer’s option, be made under operating conditions after incorporation of the right goods, at any time, into any plant, facility, equipment, or other product of inspection and approvalwhich such goods are to be a part. Seller agrees to provide Buyer RMA or equivalent, or written instructions for disposition, within five working days. Nonconforming goods will be held by Buyer in accordance with Seller's instructions, at Seller's risk, and mayif Seller so directs, returned to Seller. All expenses incurred by Xxxxx in addition to its other remediesdoing so, reasonable opportunity to reject including, but not limited to, storage, transportation, handling, and return Goods or require replacement Goods at associated processing costs, shall be borne by Seller. Seller’s sole cost and expense if failure to provide such Goods are defective and/or not in compliance with specificationsinformation within five working days shall entitle Buyer, warranty or any terms and conditions set forth in this Agreementat Buyer’s option, to dispose of the goods without liability to Seller. Payment for or use of Goods prior to inspection nonconforming goods shall not constitute an acceptance thereof and shall of them, or in any way limit or impair Buyer's right to assert any legal or equitable remedy, or relieve Seller's responsibility for latent defects. To the extent Xxxxx rejects goods as nonconforming, the quantities under this contract may be made without prejudice to any and all claims that reduced unless Buyer may have against otherwise notifies Seller. Seller will not replace quantities so reduced without a new contract or schedule from Buyer’s signature on any shipping/receiving document shall not constitute acceptance of Goods or any different terms or conditions or acknowledge condition of Goods but shall merely acknowledge receipt of a shipment. Acceptance of any part of the shipment of Goods shall not bind Buyer to accept any non-conforming Goods simultaneously provided by Seller, nor deprive Buyer of the right to reject any previous or future non-conforming goods. If Seller fails to correct defects in or replace nonconforming Goods promptly, then Buyer, after reasonable notice to Seller, may make such corrections or replace such Goods and charge Seller for the cost incurred by Buyer in doing so. Destruction and clean-up costs of non-conforming Goods shall be reimbursed by Seller as well. In the event Buyer receives Goods whose defects or nonconformity is not apparent on examination, Buyer reserves the right to require replacement of such non-conforming Goods, as well as payment of damages.

Nonconforming Goods. Buyer shall have the right of inspection and approval, and may, in addition to its other remedies, have reasonable opportunity to reject and return Goods or require replacement Goods at Seller’s sole cost and expense if such Goods are defective and/or not in compliance with specifications, warranty or any terms and conditions set forth in this the Agreement. Payment for or use of Goods prior to inspection shall not constitute acceptance thereof and shall be made without prejudice to any and all claims that Buyer may have against Seller. Buyer’s signature on any shipping/receiving document shall not constitute acceptance of Goods or any different terms or conditions or acknowledge condition of Goods but shall merely acknowledge receipt of a shipment. Acceptance of any part of the shipment of Goods shall not bind Buyer to accept any non-conforming Goods simultaneously provided by Seller, nor deprive Buyer of the right to reject any previous or future non-conforming goods. If Seller fails to correct defects in or replace nonconforming Goods promptly, then Buyer, after reasonable notice to Seller, may make such corrections or replace such Goods and charge Seller for the cost incurred by Buyer Xxxxx in doing so. Destruction and clean-clean- up costs of non-conforming Goods shall be reimbursed by Seller Xxxxxx as well. In the event Buyer Xxxxx receives Goods whose defects or nonconformity is not apparent on examination, Buyer reserves the right to require replacement of such non-conforming Goods, as well as payment of damages.

Nonconforming Goods. Buyer shall have the right of inspection and approval, and may, in addition to its other remedies, have reasonable opportunity to reject and return Goods or require replacement Goods at Seller’s sole cost and expense if such Goods are defective and/or not in compliance with specifications, warranty or any terms and conditions set forth in this the Agreement. Payment for or use of Goods prior to inspection shall not constitute acceptance thereof and shall be made without prejudice to any and all claims that Buyer may have against Seller. Buyer’s signature on any shipping/receiving document shall not constitute acceptance of Goods or any different terms or conditions or acknowledge condition of Goods but shall merely acknowledge receipt of a shipment. Acceptance of any part of the shipment of Goods shall not bind Buyer to accept any non-conforming Goods simultaneously provided by Seller, nor deprive Buyer of the right to reject any previous or future non-conforming goods. If Seller fails to correct defects in or replace nonconforming Goods promptly, then Buyer, after reasonable notice to Seller, may make such corrections or replace such Goods and charge Seller for the cost incurred by Buyer in doing so. Destruction and clean-up costs of non-conforming Goods shall be reimbursed by Seller as well. In the event Buyer receives Goods whose defects or nonconformity is not apparent on examination, Buyer reserves the right to require replacement of such non-conforming Goods, as well as payment of damages.