Common use of Nonconforming Goods Clause in Contracts

Nonconforming Goods. Buyer may inspect all or a sample of the Goods on or after the Delivery Date. Buyer, at its sole discretion, may reject all or any portion of the goods if it determines Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer may, upon written notice to Seller: (a) rescind this Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement thereof. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for return of the defective Goods and delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace, repair or rework the Goods from a third party and charge Seller the cost thereof and terminate this Order for default. Any inspection or other action by Buyer hereunder will not reduce or otherwise affect Seller’s obligations under this Order. Buyer may conduct further inspections after Seller has carried out its remedial actions.

Appears in 2 contracts

Samples: www.palomar.com, www.palomar.com

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Nonconforming Goods. Buyer Purchaser may inspect and/or test all or a sample of the Goods goods on or after the Delivery Date. BuyerPurchaser, at its sole discretionoption, may reject all or any portion of the goods if it determines Goods they are nonconforming or defective. If Buyer Purchaser rejects any portion of the Goodsgoods, Buyer Purchaser may, upon written notice to Seller: (a) rescind this Order PO in its entirety; (bc) accept the Goods goods at a reasonably reduced price; or (c) reject the Goods goods and require replacement thereof. If Buyer Purchaser requires replacement of the Goodsgoods, Seller shall, at its expense, promptly replace the nonconforming Goods goods and pay for all related expenses, including, including but not limited to, to transportation charges for return of the defective Goods goods and delivery of replacement Goodsgoods. If Seller fails to timely deliver replacement Goodsgoods, Buyer Purchaser may replace, repair or rework the Goods replace them with goods from a third party and charge Seller the cost thereof and terminate this Purchase Order for default. Any inspection or other action by Buyer Purchaser hereunder will not reduce or otherwise affect Seller’s obligations under this Order. Buyer may conduct further inspections after Seller has carried out its remedial actionsobligations.

Appears in 1 contract

Samples: prideindustries.com

Nonconforming Goods. Buyer may inspect all or a sample of the Goods goods on or after the Delivery Date. Buyer, at its sole discretionoption, may reject all or any portion of the goods if it determines Goods they are nonconforming or defective. If Buyer rejects any portion of the Goodsgoods, Buyer may, upon written notice to Seller: (a) rescind this Order in its entirety; (b) accept the Goods goods at a reasonably reduced price; or (c) reject the Goods goods and require replacement thereof. If Buyer requires replacement of the Goodsgoods, Seller shall, at its expense, promptly replace the nonconforming Goods goods and pay for all related expenses, including, but not limited to, transportation charges for return of the defective Goods goods and delivery of replacement Goodsgoods. If Seller fails to timely deliver replacement Goodsgoods, Buyer may replace, repair or rework the Goods replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for default. Any inspection or other action by Buyer hereunder will not reduce or otherwise affect Seller’s obligations under this Order. Buyer may conduct further inspections after Seller has carried out its remedial actions.

Appears in 1 contract

Samples: Electromech Technologies Purchase

Nonconforming Goods. Buyer may inspect all or a sample of the Goods goods on or after the Delivery Date. Buyer, at its sole discretionoption, may reject all or any portion of the goods if it determines Goods they are nonconforming or defective. If Buyer rejects any portion of the Goodsgoods, Buyer may, upon written notice to SellerVendor: (a) rescind this Order in its entirety; (b) accept the Goods goods at a reasonably reduced price; or (c) reject the Goods goods and require replacement thereof. If Buyer requires replacement of the Goodsgoods, Seller Vendor shall, at its expense, promptly replace the nonconforming Goods goods and pay for all related expenses, including, but not limited to, transportation charges for return of the defective Goods goods and delivery of replacement Goodsgoods. If Seller Vendor fails to timely deliver replacement Goodsgoods, Buyer may replace, repair or rework the Goods replace them with goods from a third party and charge Seller Vendor the cost thereof and terminate this Order for default. Any inspection or other action by Buyer hereunder will not reduce or otherwise affect SellerVendor’s obligations under this Order. Buyer may conduct further inspections after Seller Vendor has carried out its remedial actions. If the Vendor identifies nonconforming goods prior to or following shipment to Buyer, Vendor shall notify Buyer immediately. Buyer will evaluate the nonconformance and determine appropriate disposition.

Appears in 1 contract

Samples: Purchase Order Terms

Nonconforming Goods. Buyer may has the right to inspect all or a sample of the Goods goods on or after the Delivery Date. Buyer, at its sole discretionoption, may inspect all or a sample of the goods, and may reject all or any portion of the goods if it determines Goods the goods are nonconforming or defective. If Buyer rejects any portion of the Goodsgoods, Buyer mayhas the right, effective upon written notice to SellerSupplier, to: (a) rescind this the Order in its entirety; (b) accept the Goods goods at a reasonably reduced price; or (c) reject the Goods goods and require replacement thereofof the rejected goods. If Buyer requires replacement of the Goodsgoods, Seller Supplier shall, at its expense, promptly replace the nonconforming Goods goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective Goods goods and the delivery of replacement Goodsgoods. If Seller Supplier fails to timely deliver replacement Goodsgoods, Buyer Xxxxx may replace, repair or rework the Goods replace them with goods from a third party and charge Seller Supplier the cost thereof and terminate this Order for defaultcause. Any inspection or other action by Buyer hereunder will shall not reduce or otherwise affect SellerSupplier’s obligations under this the Order. , and Buyer may shall have the right to conduct further inspections after Seller Supplier has carried out its remedial actions.

Appears in 1 contract

Samples: Purchase Order Terms and Conditions

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Nonconforming Goods. Buyer may inspect all or a sample of the Goods goods on or after the Delivery Date. Buyer, at its sole discretionoption, may reject all or any portion of the goods if it determines Goods they are nonconforming or defective. If Buyer rejects any portion of the Goodsgoods, Buyer may, upon written notice to Seller: (a) rescind this Order in its entirety; (b) accept the Goods goods at a reasonably reduced price; or (c) reject the Goods goods and require replacement thereof. If Buyer requires replacement of the Goodsgoods, Seller shall, at its expense, promptly replace the nonconforming Goods goods and pay for all related expenses, including, but not limited to, transportation charges for return of the defective Goods goods and delivery of replacement Goodsgoods. If Seller fails to timely deliver replacement Goodsgoods, Buyer may replace, repair or rework the Goods replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for default. Any inspection or other action by Buyer hereunder will not reduce or otherwise affect Seller’s obligations under this Order. Buyer may conduct further inspections after Seller has carried out its remedial actions. If the Seller identifies nonconforming goods prior to or following shipment to Buyer, Seller shall notify Buyer immediately. Buyer will evaluate the nonconformance and determine appropriate disposition.

Appears in 1 contract

Samples: Purchase Order Terms and Conditions

Nonconforming Goods. Buyer may inspect all or a sample of the Goods goods on or after the Delivery Date. Buyer, at its sole discretionoption, may reject all or any portion of the goods if it determines Goods they are nonconforming or defective. If Buyer rejects any portion of the Goodsgoods, Buyer may, upon written notice to Seller: (a) rescind this Order in its entirety; (b) accept the Goods goods at a reasonably reduced price; or (c) reject the Goods goods and require replacement thereof. If Buyer requires replacement of the Goodsgoods, Seller shall, at its expense, promptly replace the nonconforming Goods goods and pay for all related expenses, including, but not limited to, transportation charges for return of the defective Goods goods and delivery of replacement Goodsgoods. If Seller fails to timely deliver replacement Goodsgoods, Buyer Xxxxx may replace, repair or rework the Goods replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for default. Any inspection or other action by Buyer hereunder will not reduce or otherwise affect Seller’s obligations under this Order. Buyer may conduct further inspections after Seller has carried out its remedial actions.

Appears in 1 contract

Samples: Electromech Technologies Purchase

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