Common use of Nonconforming Goods Clause in Contracts

Nonconforming Goods. To the extent Buyer rejects goods as nonconforming, the quantities under this order will automatically be reduced unless Buyer otherwise notifies Seller. Seller will not replace quantities so reduced without a new order or schedule from Buyer. Nonconforming goods will be held by Buyer for disposition in accordance with Seller's instructions at Seller's risk. Seller's failure to provide written instructions within ten (10) days, or such shorter period as may be commercially reasonable under the circumstances, after notice or nonconformity shall entitle Buyer, at Buyer's option, to 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 thereof, limit or impair Buyer's right to assert any legal or equitable remedy, or relieve Seller's responsibility for Patent defects.

Appears in 4 contracts

Samples: Component Supply Agreement (Delco Remy International Inc), Component Supply Agreement (Delco Remy International Inc), Component Supply Agreement (Delco Remy International Inc)

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Nonconforming Goods. To the extent Buyer rejects goods as nonconforming, the quantities under this order will automatically be reduced unless Buyer otherwise notifies Seller. Seller will not replace quantities so reduced without a new order or schedule from Buyer. Nonconforming goods will be held by Buyer for disposition in accordance with Seller's instructions at Seller's risk. Seller's failure to provide written instructions within ten (10) days, or such shorter period as may be commercially reasonable under the circumstances, after notice or of nonconformity shall entitle Buyer, at Buyer's option, to charge Seller for storage and handling, or to dispose of the goods goods, without liability to Seller. Payment for nonconforming goods shall not constitute an acceptance thereof, limit or impair Buyer's right to assert any legal or equitable remedy, or relieve Seller's responsibility for Patent latent defects.

Appears in 2 contracts

Samples: Teaming Agreement (Impco Technologies Inc), Component Supply Agreement (American Axle & Manufacturing Holdings Inc)

Nonconforming Goods. To the extent Buyer rejects goods as nonconforming, the quantities under this order will automatically be reduced unless Buyer buyer otherwise notifies Seller. Seller will not replace quantities so reduced without a new order or schedule from Buyer. Nonconforming goods will be held by Buyer for disposition in accordance with Seller's instructions at Seller's risk. Seller's failure to provide written instructions within ten (10) days, or such shorter sorter period as may be commercially reasonable under the circumstances, after notice or of nonconformity shall entitle Buyerbuyer, at Buyer's option, to charge Seller for storage and handling, or to dispose of the goods goods, without liability to Seller. Payment for nonconforming goods shall not constitute an acceptance thereof, limit or impair Buyer's right to assert any legal or equitable remedy, or relieve Seller's responsibility for Patent latent defects.

Appears in 2 contracts

Samples: Purchase and Supply Agreement (Micropoint Inc), Purchase and Supply Agreement (Micropoint Inc)

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Nonconforming Goods. To the extent Buyer rejects goods as nonconforming, the quantities under this order will automatically be reduced unless Buyer otherwise notifies Seller. Seller will not replace quantities so reduced without a new order or schedule from Buyer. Nonconforming goods will be held by Buyer for disposition in accordance with Seller's Xxxxxx’s instructions at Seller's ’s risk. Seller's ’s failure to provide written instructions within ten (10) days, or such shorter period as may be commercially reasonable under the circumstances, after notice or of nonconformity shall entitle Buyer, at Buyer's ’s option, to charge Seller for storage and handling, or to dispose of the goods goods, without liability to Seller. Payment for nonconforming goods shall not constitute an acceptance thereof, limit or impair Buyer's ’s right to assert any legal or equitable remedy, or relieve Seller's ’s responsibility for Patent latent defects.

Appears in 1 contract

Samples: Purchase Agreement

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