Common use of PRODUCT ACCEPTANCE Clause in Contracts

PRODUCT ACCEPTANCE. Each shipment of Product from Seller to Buyer shall be inspected by Seller prior to shipment and shall contain such quality control certificates reasonably requested by Buyer certifying, among other things, that the Products are in conformity with Specifications. All Products are subject to final inspection and acceptance at Buyer within ** **Business Days of delivery. Buyer shall notify Seller within ** ** Business Days of delivery of any apparent defective material or workmanship or non-conformity of any Product to the Specifications or applicable purchase order. If Buyer fails to notify Seller within thirty ** ** of delivery of an apparent defect, Buyer will be deemed to have accepted the Product; provided, that the warranty contained in Section 8 hereof shall survive such acceptance. Without prejudice to any other right or remedy of Buyer, in case any Product is defective in material or workmanship or otherwise not in conformity with the Specifications or the requirements of Buyer’s purchase order, Buyer will have the right to reject it; provided, however, that Buyer shall notify Seller of any rejection hereunder, and the basis for it, in writing, within the ** ** Business Day timeframe set forth above. Any Product that has been rejected must be replaced by and at the expense of Seller promptly after notice. Buyer will return all rejected Products to Seller at Seller’s expense. Seller shall investigate the cause for the rejection and provide to Buyer in writing all proposed corrective actions associated with the cause for rejection. From time to time during the term of this Agreement, Buyer may also request final inspection testing results from Seller, in addition to the quality control certificates, as evidence that the supplied Product meets Specifications. Seller will timely and fully respond to all such requests.

PRODUCT ACCEPTANCE. Each shipment The Buyer is required to check the quantity, identity and quality of Product from the products upon Delivery. Any apparent defect must be reported and recorded without any delay on the carrier’s delivery ticket, countersigned by the carrier’s representative and notice must then be served by the Buyer to the Seller by registered letter with acknowledgement of receipt. In case of apparent defect(s) due to the transportation, the Buyer shall forthwith submit to the carrier any reservation, which shall be inspected confirmed within a maximum period of three (3) business days from the delivery date, by Seller prior to shipment and shall contain such quality control certificates reasonably requested registered letter with acknowledgment of receipt describing explicitly the nature of the defect. In the event of undetected defect caused by Buyer certifyingthe transportation, among other things, that the Products are in conformity with Specifications. All Products are subject to final inspection and acceptance at Buyer within ** **Business Days of delivery. Buyer shall notify the reservation to the carrier within a maximum period of three (3) business days from the delivery date, by registered letter with acknowledgment of receipt. Any defect or damage which arises from any reason other than transportation shall be notified by the Buyer to the Seller within ** ** Business Days a maximum period of five (5) working days from the delivery date of the products. Failure to notify any reservation makes the Buyer’s claim unfounded. The Buyer must notify to the Seller any defect which could not be detected upon delivery, by registered letter with acknowledgement of receipt within a maximum period of thirty (30) calendar days of acceptance of the product by the Buyer or the discovery of the defect in case of latent defects. No claim for defect of the products may be made by Buyer one (1) year following the delivery of the products. Should the Buyer have failed to check the quantity and quality of the product or should it have used or sold the product, the Seller cannot be held liable for any apparent damages resulting from the product’s use. Should the product not comply with the technical specifications or in case of latent defects, the Seller, at its sole option, shall either replace or refund the defective material product, to the exclusion of any other compensation. The Buyer waives any rights to claim the Seller’s liability. No replacement or workmanship or reimbursement, which is not motivated by non-conformity compliance of the product with the technical specifications or latent defects, shall be made without the express prior written consent of the Seller. The Seller shall not be liable for any Product non-compliant products if the Buyer was aware of the non-compliance prior to delivery. In accordance with the Specifications or applicable purchase order. If Seller’s written instruction, the Buyer fails to notify Seller within thirty ** ** of delivery of an apparent defect, Buyer will be deemed to have accepted shall return the Product; provided, defective products at the Seller’s expense (provided that the warranty contained in Section 8 hereof shall survive such acceptance. Without prejudice to any other right or remedy of Buyer, in case any Product is defective in material or workmanship or otherwise not in conformity Buyer strictly complies with the Specifications or the requirements of Buyer’s purchase order, Buyer will have the right to reject it; provided, however, that Buyer shall notify Seller of any rejection hereunder, and the basis for it, in writing, within the ** ** Business Day timeframe set forth above. Any Product that has been rejected must be replaced by and at the expense of Seller promptly after notice. Buyer will return all rejected Products to Seller at Seller’s expense. Seller shall investigate the cause for the rejection and provide to Buyer in writing all proposed corrective actions associated with the cause for rejection. From time to time during the term of this Agreement, Buyer may also request final inspection testing results from Seller, in addition to the quality control certificates, as evidence that the supplied Product meets Specifications. Seller will timely and fully respond to all such requestsinstructions).

PRODUCT ACCEPTANCE. Each shipment of Product from Seller to Buyer shall be inspected by Seller prior to shipment and shall contain such quality control certificates reasonably requested by Buyer certifying, among other things, that the Products are in conformity with Specifications. All Products are subject to final inspection and acceptance at Buyer within ** **Business Days of delivery. Buyer shall notify Seller within ** ** Business Days of delivery of any apparent defective material or workmanship or non-conformity of any Product to the Specifications or applicable purchase order. If Buyer fails to notify Seller within thirty ** ** of delivery of an apparent defect, Buyer will be deemed to have accepted the Product; provided, that the warranty contained in Section 8 hereof shall survive such acceptance. Without prejudice to any other right or remedy of Buyer, in case any Product is defective in material or workmanship or otherwise not in conformity with the Specifications or the requirements of Buyer’s purchase order, Buyer will have the right to reject it; provided, however, that Buyer shall notify Seller of any rejection hereunder, and the basis for it, in writing, within the ** ** Business Day timeframe set forth above. Any Product that has been rejected must be replaced by and at the expense of Seller promptly after notice. Buyer Xxxxx will return all rejected Products to Seller at Seller’s expense. Seller shall investigate the cause for the rejection and provide to Buyer in writing all proposed corrective actions associated with the cause for rejection. From time to time during the term of this Agreement, Buyer Xxxxx may also request final inspection testing results from Seller, in addition to the quality control certificates, as evidence that the supplied Product meets Specifications. Seller will timely and fully respond to all such requests.

PRODUCT ACCEPTANCE. Each shipment (a) During the acceptance period for a product, Customer may inspect and test the product with the same identical test that is provided to Paramit for manufacture of Product from Seller product and may reject any product found not to Buyer shall conform to Customer’s specifications or to be inspected by Seller prior to shipment and shall contain such quality control certificates reasonably requested by Buyer certifying, among other things, that the Products are defective in conformity with Specificationsmaterials or workmanship. All Products are subject to final inspection and The acceptance at Buyer within ** period for a product is a period of […**Business Days *…], beginning with receipt of deliverythe product by Customer. Buyer Products not rejected during the acceptance period are accepted; however, should failure(s) occur after acceptance but during the warranty period, product will be covered with warranty remedies outlined in this Agreement. (b) To reject a product, Customer must give to Paramit written notice during the acceptance period in accordance with Exhibit A, REPAIR/ UPGRADE TERMS AND CONDITIONS. The notice must specify the nonconformity or defect. Customer shall notify Seller obtain a return material authorization (RMA) number from Paramit, properly pack the product for shipping, display the RMA number on the shipping container, and ship the nonconforming or defective product to Paramit, which Customer may do freight collect. Paramit will promptly repair or replace rejected product, at Paramit’s option, and will deliver the repaired or replaced product freight pre-paid. If Paramit is unable to make the repair or replacement within ** ** Business Days a commercially reasonable period of delivery time, Paramit will refund the price paid for such product or cancel the obligation to pay for such product. (c) The provisions of any apparent defective material or workmanship or non-conformity of any Product this paragraph apply to the repaired or replaced product (for which there will be a like acceptance period and a like procedure for defects). Thus, if a product is rejected because of a defect and Paramit provides a replacement product, the acceptance period for the replacement product will start with Customer’s receipt of the replacement product. (d) If Customer rejects product and returns it to Paramit under this section, but the product conforms to Customer’s Specifications or applicable purchase order. If Buyer fails to notify Seller within thirty ** ** of delivery of an apparent and there is no defect, Buyer Customer will be deemed to have accepted bear all the Product; provided, that the warranty contained in Section 8 hereof shall survive such acceptance. Without prejudice to any other right or remedy of Buyer, in case any Product is defective in material or workmanship or otherwise not in conformity with the Specifications or the requirements of Buyer’s purchase order, Buyer will have the right to reject it; provided, however, that Buyer shall notify Seller of any rejection hereunder, risk and the basis for it, in writing, within the ** ** Business Day timeframe set forth above. Any Product that has been rejected must be replaced by and at the expense of Seller promptly after notice. Buyer will return all rejected Products to Seller at Seller’s expense. Seller shall investigate the cause for the rejection and provide to Buyer in writing all proposed corrective actions associated with the cause return, including shipping expense both ways, plus Paramit’s customary charges for rejection. From time to time during the term of this Agreement, Buyer may also request final inspection testing results from Seller, in addition to the quality control certificates, as evidence that the supplied Product meets Specifications. Seller will timely and fully respond to all such requeststesting.

PRODUCT ACCEPTANCE. Each shipment of Product from Seller to Buyer shall be inspected by Seller prior to shipment and shall contain such quality control certificates reasonably requested by Buyer certifying, among other things, that the Products are in conformity with Specifications. All Products are subject to final inspection and acceptance at Buyer within ** **thirty (30) Business Days of delivery. Buyer shall notify Seller within ** ** thirty (30) Business Days of delivery of any apparent defective material or workmanship or non-conformity of any Product to the Specifications or applicable purchase order. If Buyer fails to notify Seller within thirty ** ** (30) Business Days of delivery of an apparent defect, Buyer will be deemed to have accepted the Product; provided, that the warranty contained in Section 8 hereof shall survive such acceptance. Without prejudice to any other right or remedy of Buyer, in case any Product is defective in material or workmanship or otherwise not in conformity with the Specifications or the requirements of Buyer’s purchase order, Buyer will have the right to reject it; provided, however, that Buyer shall notify Seller of any rejection hereunder, and the basis for it, in writing, within the ** ** thirty (30) Business Day timeframe set forth above. Any Product that has been rejected must be replaced by and at the expense of Seller promptly after notice. Buyer will return all rejected Products to Seller at Seller’s expense. Seller shall investigate the cause for the rejection and provide to Buyer in writing all proposed corrective actions associated with the cause for rejection. From time to time during the term of this Agreement, Buyer may also request final inspection testing results from Seller, in addition to the quality control certificates, as evidence that the supplied Product meets Specifications. Seller will timely and fully respond to all such requests.