Common use of Nonconforming Goods Clause in Contracts

Nonconforming Goods. Seller acknowledges that Buyer will not perform incoming inspections of the goods, and waives any rights to require Buyer to conduct such inspections. Buyer shall comply with quality specifications for the product which have been agreed by parties and according to the warranty specified in the clause 8 below. Nonconforming goods will be replaced by Seller not later than the third following day of the nonconforming notice given to Seller or will be repaired, reworked if possible on Seller’s cost. Notwithstanding the foregoing the nonconforming products shall be held by Buyer in accordance with Seller’s instructions at Seller’s 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 handling or to dispose of the goods without liability to Seller. Payment for nonconforming goods shall not constitute an acceptance of them, limit or impair Xxxxx’s right to assert any legal or equitable remedy, or relieve Seller’s responsibility for latent defects.

Appears in 2 contracts

Samples: www.sieteleguasautomotive.com, www.cieautomotive.com

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Nonconforming Goods. Seller acknowledges that Buyer will not perform incoming inspections of the goods, and waives any rights to require Buyer to conduct such inspections. To the extent Buyer shall comply with quality specifications for rejects goods as nonconforming, the product which have been agreed quantities under any Purchase Orders will automatically be reduced, unless Buyer otherwise notifies Seller. Seller will not replace quantities so reduced until directed to by parties and according to the warranty specified in the clause 8 belowBuyer under a new purchase order or schedule from Buyer. Nonconforming goods will be replaced by Seller not later than the third following day of the nonconforming notice given to Seller or will be repaired, reworked if possible on Seller’s cost. Notwithstanding the foregoing the nonconforming products shall be held by Buyer in accordance with Seller’s instructions at Seller’s 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 handling or to dispose of the goods (at Seller’s expense) without liability to SellerBuyer. Payment for nonconforming goods shall not constitute an acceptance of them, nor shall it limit or impair XxxxxBuyer’s right to assert seek any legal or equitable remedyremedy related to the nonconforming goods, or relieve Seller’s Seller from responsibility for latent or obvious defects.

Appears in 1 contract

Samples: Supplier Terms and Conditions

Nonconforming Goods. Seller acknowledges that Buyer will 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 any Purchase Orders will automatically be reduced, unless Buyer shall comply with quality specifications for the product which have been agreed otherwise notifies Seller. Seller will not replace quantities so reduced until directed to by parties and according to the warranty specified in the clause 8 belowBuyer under a new purchase order or schedule from Buyer. Nonconforming goods will be replaced by Seller not later than the third following day of the nonconforming notice given to Seller or will be repaired, reworked if possible on Seller’s cost. Notwithstanding the foregoing the nonconforming products shall be held by Buyer in accordance with Seller’s instructions at Seller’s 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 handling or to dispose of the goods (at Seller’s expense) without liability to SellerBuyer. Payment for nonconforming goods shall not constitute an acceptance of them, nor shall it limit or impair XxxxxBuyer’s right to assert seek any legal or equitable remedyremedy related to the nonconforming goods, or relieve Seller’s Seller from responsibility for latent or obvious defects.

Appears in 1 contract

Samples: Supplier Terms and Conditions

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Nonconforming Goods. Seller acknowledges that Buyer will not has no obligation to perform incoming inspections of the goods, 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 as nonconforming, the quantities under this contract will automatically be reduced unless Buyer shall comply with quality specifications for otherwise notifies Seller. With the product which have been agreed by parties and according exception of consigned/bailed and/or indirect (goods not to the warranty specified in the clause 8 belowbe 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 replaced by Seller not later than the third following day of the nonconforming notice given to Seller or will be repaired, reworked if possible on Seller’s cost. Notwithstanding the foregoing the nonconforming products shall be held by Buyer in accordance with Seller’s instructions at Seller’s 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 handling or to dispose of the goods without liability to Seller. Payment for nonconforming goods shall not constitute an acceptance of them, limit or impair Xxxxx’s right to assert any legal or equitable remedy, or relieve Seller’s responsibility for latent defects.

Appears in 1 contract

Samples: www.rubberenterprises.com

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