Common use of Nonconforming Goods Clause in Contracts

Nonconforming Goods. (a) Seller acknowledges that Buyer may not perform incoming inspections of the Goods, and waives any rights to require Buyer to conduct such inspections. To the extent Xxxxx rejects Goods as nonconforming, the quantities under this Contract will automatically be reduced, unless Buyer otherwise notifies Seller. Seller will not replace quantities so reduced without a new contract or schedule from Buyer. Nonconforming Goods will be held by Buyer in accordance with Seller’s instructions at Seller’s risk. Seller’s failure to provide written instructions within ten (10) calendar 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 return goods to Seller at Seller's cost or charge Seller for storage and handling or to dispose of the Goods without liability to Seller. Payment for nonconforming Goods shall not constitute an acceptance of such Goods, or limit or impair Buyer’s right to assert any legal or equitable remedy, or relieve Seller’s responsibility for latent defects. (b) Seller shall initiate prompt containment and corrective action on notification of nonconforming goods. Seller shall respond within forty-eight (48) hours of notification to inform buyer of goods already shipped to the buyer and status of future shipments. Seller shall not ship any additional nonconforming material without formal authorization from Buyer. The seller shall submit a formal response within 30 days to any Formal Supplier Corrective Action Requests directed to Seller by GDLS Quality. The response shall include: cause of defect, corrective action taken to prevent recurrence of the deficiency and the effective date or break in point of the corrective action.

Nonconforming Goods. (a) Seller acknowledges that Buyer may not has no obligation to perform incoming inspections of the Goodsgoods, and waives 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 goods as nonconforming, the quantities under this Contract contract will automatically be reduced, 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 goods will be held by Buyer in accordance with Seller’s instructions at Seller’s risk. Seller’s failure to provide written instructions within ten (10) calendar 10 days, or such shorter period as may be commercially reasonable under the circumstances, after notice of nonconformity, nonconformity shall entitle Buyer, at Buyer’s option, to return goods to Seller at Seller's cost or charge Seller for storage and handling or to dispose of the Goods goods without liability to Seller. Payment for nonconforming Goods goods shall not constitute an acceptance of such Goodsthem, or limit or impair Buyer’s right to assert any legal or equitable remedyremedy available under applicable law, or relieve Seller’s responsibility for latent defects. . Any goods (a) determined to be nonconforming by Seller (or its suppliers); (b) rejected by Buyer as nonconforming; or (c) that become obsolete or surplus, will be rendered unusable prior to salvage or disposal by Seller shall initiate prompt containment and corrective action on notification of nonconforming goods(or its suppliers). Seller shall respond within forty-eight (48) hours of notification will ensure that nonconforming, rejected, obsolete or surplus goods are not sold as service or replacement parts to inform buyer of goods already shipped to the buyer and status of future shipmentsthird parties. Seller shall not ship any additional nonconforming material without formal authorization from Buyer. The seller shall submit a formal response within 30 days will institute appropriate controls with its suppliers to any Formal Supplier Corrective Action Requests directed to Seller by GDLS Quality. The response shall include: cause of defect, corrective action taken to prevent recurrence of the deficiency and the effective date or break in point of the corrective actionensure compliance with this Section.

Nonconforming Goods. (a) Seller acknowledges that Buyer may not perform incoming inspections of the Goods, and waives any rights to require Buyer to conduct such inspections. To the extent Xxxxx rejects Goods as nonconforming, the quantities under this Contract will automatically be reduced, unless Buyer otherwise notifies Seller. Seller will not replace quantities so reduced without a new contract Contract or schedule from Buyer. Nonconforming Goods will be held by Buyer in accordance with Seller’s instructions at Seller’s risk. Seller’s failure to provide written instructions within ten (10) calendar 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 return goods to Seller at Seller's cost or charge Seller for storage and handling or to dispose of the Goods without liability to Seller. Payment for nonconforming Goods shall not constitute an acceptance of such Goods, or limit or impair Buyer’s right to assert any legal or equitable remedy, or relieve Seller’s responsibility for latent defects. (b) Seller shall initiate prompt containment and corrective action on notification of nonconforming goods. Seller shall respond within forty-eight (48) hours of notification to inform buyer Xxxxx of goods Goods already shipped to the buyer Buyer and status of future shipments. Seller shall not ship any additional nonconforming material without formal authorization from Buyer. The seller Seller shall submit a formal response within 30 days to any Formal Supplier Corrective Action Requests directed to Seller by GDLS Quality. The response shall include: cause of defect, corrective action taken to prevent recurrence of the deficiency and the effective date or break in point of the corrective action.

Nonconforming Goods. (a) Seller acknowledges Purchaser, at its option, may reject and return or retain and correct at Seller's risk and expense, Goods received pursuant to any Order that Buyer may not perform incoming inspections fail to conform to the requirements of the GoodsOrder even if the nonconformity does not become apparent to Purchaser until the manufacturing, and waives any rights to require Buyer to conduct such inspectionsprocessing or assembly stage or later. To the extent Xxxxx Purchaser rejects Goods as nonconforming, the quantities under this Contract the Order will automatically not be reduced, reduced by the quantity of nonconforming Goods unless Buyer Purchaser otherwise notifies SellerSeller in writing. Seller will not shall replace quantities so reduced nonconforming Goods with conforming Goods unless otherwise notified in writing by Purchaser, including, without limitation by way of a new contract or schedule termination notice from Buyer. Purchaser under Section 18.A. Nonconforming Goods will be held by Buyer Purchaser for disposition in accordance with Seller’s 's written instructions at Seller’s 's risk. Seller’s 's failure to provide written instructions within ten (10) calendar days, days (or such shorter period as may be commercially reasonable under the circumstances, ) after notice of nonconformity, nonconformity shall entitle BuyerPurchaser, at Buyer’s Purchaser's option, to return goods to Seller at Seller's cost or charge Seller for storage and handling handling, or to dispose of the Goods without any liability of Purchaser to Seller. Seller shall reimburse Purchaser for (a) any amounts paid by Purchaser on account of the purchase price of any rejected nonconforming Goods, and (b) any costs incurred by Purchaser in connection with the nonconforming Goods, including, but not limited to inspection, sorting, testing, evaluations, storage, return, disposition, or rework, within ten (10) days after a debit memo for the costs has been issued by Purchaser. Payment by Purchaser for nonconforming Goods shall not constitute an acceptance of such Goodsacceptance, or limit or impair Buyer’s Purchaser's right to assert any legal or equitable remedy, or relieve Seller’s 's responsibility for latent defects. (b) Seller shall initiate prompt containment and corrective action on notification of nonconforming goods. Seller shall respond within forty-eight (48) hours of notification to inform buyer of goods already shipped to the buyer and status of future shipments. Seller shall not ship any additional nonconforming material without formal authorization from Buyer. The seller shall submit a formal response within 30 days to any Formal Supplier Corrective Action Requests directed to Seller by GDLS Quality. The response shall include: cause of defect, corrective action taken to prevent recurrence of the deficiency and the effective date or break in point of the corrective action.

Nonconforming Goods. (a) Seller acknowledges that Buyer may not has no obligation to perform incoming inspections of the Goodsgoods, and waives 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 goods as nonconforming, the quantities under this Contract contract will automatically be reduced, reduced unless Buyer otherwise notifies Seller. Except for 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 goods will be held by Buyer in accordance with Seller’s instructions at Seller’s risk. Seller’s failure to provide written instructions within ten (10) calendar 10 days, or such shorter period as may be commercially reasonable under the circumstances, after notice of nonconformity, nonconformity shall entitle Buyer, at Buyer’s option, to return goods to Seller at Seller's cost or charge Seller for storage and handling or to dispose of the Goods goods without liability to Seller. Payment for nonconforming Goods goods shall not constitute an acceptance of such Goodsthem, or limit or impair BuyerXxxxx’s right to assert any legal or equitable remedyremedy available under applicable law, or relieve Seller’s responsibility for latent defects. . Any goods (a) determined to be nonconforming by Seller (or its suppliers); (b) rejected by Buyer as nonconforming; or (c) that become obsolete or surplus, will be rendered unusable prior to salvage or disposal by Seller shall initiate prompt containment and corrective action on notification of nonconforming goods(or its suppliers). Seller shall respond within forty-eight (48) hours of notification will ensure that nonconforming, rejected, obsolete or surplus goods are not sold as service or replacement parts to inform buyer of goods already shipped to the buyer and status of future shipmentsthird parties. Seller shall not ship any additional nonconforming material without formal authorization from Buyer. The seller shall submit a formal response within 30 days will institute appropriate controls with its suppliers to any Formal Supplier Corrective Action Requests directed to Seller by GDLS Quality. The response shall include: cause of defect, corrective action taken to prevent recurrence of the deficiency and the effective date or break in point of the corrective actionensure compliance with this Section.