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.

Appears in 3 contracts

Samples: www.gdls-canada.com, www.gdls-canada.com, www.gdls-canada.com

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Nonconforming Goods. (a) Seller 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.

Appears in 2 contracts

Samples: www.gdls-canada.com, gdls.com

Nonconforming Goods. (a) Seller acknowledges that Buyer may will not perform incoming inspections of the Goodsgoods, and waives any rights to require Buyer to conduct such inspections. 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. 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 remedy, or relieve Seller’s responsibility for latent defects.

Appears in 2 contracts

Samples: isuzu.de, www.gdlscanada.com

Nonconforming Goods. (a) Seller acknowledges that Buyer may will not perform incoming inspections of the Goodsgoods, and waives any rights to require Buyer to conduct such inspections. To the extent Xxxxx Buyer rejects Goods goods as nonconforming, the quantities under this Contract contract will automatically be reduced, reduced unless Buyer otherwise notifies Seller. 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 remedy, or relieve Seller’s responsibility for latent defects.

Appears in 2 contracts

Samples: Accommodation Agreement (Remy International, Inc.), Accommodation Agreement (Remy International, Inc.)

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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.

Appears in 2 contracts

Samples: gdls.com, gdlscanada.com

Nonconforming Goods. (a) Seller acknowledges that Buyer may will not perform incoming inspections of the Goodsgoods, and waives any rights to require Buyer to conduct such inspections. 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. Seller will not replace quantities so reduced without a new contract or schedule from Buyer. Nonconforming Goods goods will be held by Buyer Xxxxx in accordance with Seller’s 's instructions at Seller’s 's risk. Seller’s '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 '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 Xxxxx's right to assert any legal or equitable remedy, or relieve Seller’s 's responsibility for latent defects.

Appears in 1 contract

Samples: General Terms and Conditions

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