Quality Claims. Any claim regarding the quality or quantity of any Products delivered shall be waived unless submitted to the Seller in writing, together with supporting documentation and reasonable details of the facts on which the claim is based, within thirty (30) days after the date of delivery. The delivery date shall be determined by the xxxx of lading or other shipping document as appropriate for the delivery method.
Quality Claims. (a) Quality claims only arise if the quality of the Material is not in conformity with the specifications stipulated in the relevant Specification and/or the Producer’s test certificate.
(b) Quality claims may be made on second choice Material for issues that did not cause the Material to be graded second choice.
(c) In the event of a quality claim, the Buyer must notify the Seller of the claim within the time limits set out below:
(i) hidden defects – 18 calendar months from the date of shipment of the Material from the place or port of loading;
(ii) visible defects – 12 calendar months from the date of shipment of the Material from the place or port of loading, unless otherwise agreed in writing, any quality claim shall be sent to the Seller by email, registered mail, or courier (for example, FedEx, UPS, Airborne Express or similar).
(d) Any quality claim must be notified in accordance with Clause 16.7 and submitted in one original and shall contain the following information:
(i) number of the Specification to which it relates;
(ii) number of pieces and weight of the Material in the respect on which the quality claim is submitted;
(iii) reference to the relevant shipping documents, e.g. as the case may be B/L, FCR, CMR, packing list;
(iv) the marking of the Material; and
(v) a detailed description of the alleged non-conformities of the Material.
(e) Any quality claim must be supported by the following documents:
(i) original survey report from Buyer’s metallurgist, all the aforementioned documents shall be presented in or translated into English, unless said documents were provided by Seller; Seller provided documents may be presented in English or in whatever language the Seller provides them to the Buyer.
(f) All Material subject to the alleged quality claim must be stocked separately, clearly marked, and must not be used for further processing until the claim is settled, unless the Seller agrees otherwise in writing within a reasonable time. If the Material subject to the alleged quality claim is processed or used otherwise, the quality claim forfeits. In the case of hidden defects revealed during processing, the Buyer must inform the Seller immediately and may continue further processing but must hold the processed material until the quality claim is settled. Notwithstanding anything else herein, the Buyer may repair quality defects in the Material and claim against the Seller the cost of such repairs. In this case, the Buyer must document to the ext...
Quality Claims. When any product quality complaint as to the condition of the Goods exists:
a. The Buyer must immediately notify the sales representative or customer service representative, and the Buyer must safeguard the Goods until such time as Seller can inspect the Goods.
b. The Goods claimed to be defective, off quality, or substandard must not be used or sold by the Buyer.
c. If needed, the sales representative may arrange for an onsite inspection, obtain the facts, and discuss the results with the Buyer.
d. If needed, the Buyer may be required to return one (1) unopened package plus one (1) representative sample of deficient product to the Seller for review, testing, etc. Said return shall be to the Seller’s address shown below (or other address provided by Seller) and shall be marked “Attention: Plant Manager.”
Quality Claims. (a) It is the Buyer’s responsibility to satisfy itself, through an independent laboratory analysis, that the Marine Fuel delivered is On-Specification before burning such Marine Fuel having regard to the timing requirement set out in clause 9.2(c).
(b) If Off-Specification Marine Fuel is delivered, the Buyer shall not burn such Marine Fuel and shall take all necessary steps to minimise all damage and losses arising from delivery of Off-Specification Marine Fuel.
(c) Any Quality Claim must be notified in writing by the Buyer to the Seller with all supporting evidence as soon as possible and, in any event, within fourteen (14) calendar days of the Date of Delivery, failing which, such claim shall be waived by the Buyer and absolutely barred.
(d) In the event of a Quality Claim, the Parties shall have the quality of the Marine Fuel analysed by a mutually agreed, qualified and independent laboratory. If the Parties cannot agree on a laboratory within ten (10) calendar days of the Seller receiving the Quality Claim, the Seller may select a laboratory. The Seller shall provide this laboratory with one of the samples retained by the Seller pursuant to clause 7(d).
(e) The analysis pursuant to clauses 9.2(d) shall be carried out using tests that comply with ISO 8217/2010 and ISO 4259 or any other applicable standard specified in Seller’s Written Confirmation.
(f) The result of the quality inspection by the Buyer and the Seller pursuant to clause 9.2(d) shall be final and binding on the Parties as evidence of the quality of the Marine Fuel delivered, except in cases of manifest error or fraud by the laboratory. The cost of a quality inspection shall be borne by the Buyer if the Marine Fuel is found to be On-Specification and by the Seller if the Marine Fuel is found to be Off-Specification.
(g) The Seller’s and the Supplier’s liability (if any) arising out of delivery of Off-Specification Marine Fuel, shall be limited to:
(i) the Buyer’s costs of discharging the Off-Specification Marine Fuel delivered; and
(ii) the price set out in the Sale Contract for such Off-Specification Marine Fuel.
(h) The Seller and Supplier shall have no liability whatsoever for any other loss or damage arising out of or in connection with delivery of Off-Specification Marine Fuel, including any claims for delay, loss of hire, damage to the Vessel, her machinery or injury to her crew, loss of profit, loss of charter or loss of contract or loss of opportunity.
(i) The Buyer’s submission of ...
Quality Claims. 3.1 We warrant that the Products are of merchantable quality and will comply with agreed specifications.
3.2 Any description of the Products we provide is given by way of identification only and the use of such description shall not constitute a contract of sale by description.
3.3 You will examine the Products and notify us in writing if the Products have any obvious defects within 30 days of delivery. If you don’t notify us, then you accept the Products are of merchantable quality, free from obvious defects, and compliant with the agreed specification, if any. If you later discover latent defects in the Products, you will notify us immediately.
3.4 If you tell us the Products have defects, you will either return them to us, or if they can’t be returned you will make them available for us to inspect and take samples.
3.5 If we determine the Products are defective, then we will pay (at our election):
(a) the cost of returning the Products that are capable of being returned;
(b) the cost of delivery of replacement Products, if we elect to replace the Products;
(c) the cost of disposing of the Products, where the Products are not capable of being returned; or
(d) the cost of a full or part refund in respect of the Products.
3.6 To the extent permitted by law, our liability to you under this agreement is limited to the following, as we determine:
(a) replacing the Products or supplying equivalent Products; or
(b) refunding the price paid in part or in full; and / or
(c) paying the reasonable costs associated with recovering the Products.
3.7 We will not be liable for any special, indirect, or consequential loss or damage including but not limited to loss of anticipated profits arising in any manner, directly, or indirectly, out of the Products or the supply of the Products.
3.8 You assume all risk of loss, damage or injury to any person or property arising out of the use or possession of any Products sold to you, however they are used.
3.9 If the Products or any part are treated, processed (including a Value Adding Process), or changed in any manner then you will have no claim arising directly or indirectly relating to those Products. You are responsible for determining whether the Products are suitable for your intended use, whether or not such use is known to us.
Quality Claims. Subject to the Statutory Provisions:
3.1 Qenos warrants that the Goods supplied are of merchantable quality.
3.2 Upon delivery of the Goods, the Buyer shall promptly examine them. If the they are not of mer- chantable quality, do not conform with any agreed specification, or have defects, the Buyer will notify Qenos in writing within 30 days of delivery. If the Buyer does not so notify Qenos , the Buyer shall be deemed to have accepted the Goods as being of merchantable quality, free from defects, and compliant with the agreed specification.
3.3 Qenos shall have the right to examine the Goods and the Buyer must either return the Goods con- cerned to Qenos , or where they are not capable of redelivery, the Buyer must make them available for inspection by Qenos and permit Qenos to take samples.
3.4 If Qenos determines that the Buyer’s claim under clause 3.2 is valid, then:
(a) the cost of the returning the Goods which are capable of being returned shall be borne by Qenos ;
(b) if Qenos elects to replace the Goods, the cost of delivery of replacement Goods shall be borne by Qenos ;
(c) where the Goods are not capable of being returned, the cost of disposing of them shall be borne by Qenos ;
3.5 Qenos ’s liability for breach of a condition or warranty contained in this Contract or implied into this Contract by the Statutory Provisions (other than a condition implied by Section 69 of the Trade Practices Act) is limited to any one of the following as determined by Qenos :
(a) the replacement of the Goods or supply of equivalent Goods;
(b) the repair of the Goods or payment of the cost of having the Goods repaired; or
(c) the refund of the price paid by the Buyer for the Goods.
3.6 Qenos will not be liable for any special, indirect, or consequential loss or damage including but not limited to loss of anticipated profits arising in any manner, directly, or indirectly, out of the Goods or the supply of the Goods to the Buyer.
3.7 The Buyer assumes all risk and liability for loss, damage or injury to persons or to property of the Buyer, or to others arising out of the use or possession of any of the Goods sold to the Buyer, whether such Goods are used singularly, or in combination with other substances, or any process.
3.8 As from the date upon which the Goods or any part have been treated, processed, or changed in any manner whatsoever, subject to the Statutory Provisions, the Buyer shall have no claim of any nature whatsoever arising directly or indirectly or howe...
Quality Claims. Vitol shall assert any claim it has as to defects in quality of Products by providing written notice (together with all necessary supporting documentation) to BKRF within thirty (30) days after the applicable delivery of Product in question. If Vitol fails to assert such claim within this time frame, such claims will be deemed to have been waived. In the event of a dispute between the Parties relating to conflicting data from multiple laboratory analyses of Product quality, the Independent Inspector shall determine the quality of the Product and any such finding shall be binding on the Parties, absence manifest error or fraud.
Quality Claims. Any claim on the part pertaining to the quality or specification of the Marine Fuels must be notified in writing promptly after the circumstances giving rise to such claim have been discovered. If the Buyer do not notify the Seller of any such claim within thirty (30) days of the date of delivery, such claims shall be deemed to be waived and forever barred. Any dispute as to quality of Marine Fuels shall be determined finally and conclusively, save for instances of manifest error or fraud, by an independent expert appointed jointly by Xxxxx and Seller. The expert shall be requested to analyse one or more of the quality samples taken in accordance with the provisions herein. In determining whether a test result meets or exceeds a specification limit, the independent expert must utilize the processes contained in the relevant sections of either ISO 4259 or ASTM equivalent, and apply such processes where the test method that was used to determine the quality specification as reported by Seller at the time of delivery was either ISO or ASTM, respectively and apply such processes to all specification parameters contained within the contractual specifications.
Quality Claims. (1) In the event of any intention to proceed with a claim relating to the quality of goods delivered, the Buyer directly to, shall notify Seller immediately in writing by fax or e-mail transmission and then by registered post or by courier service and provide a certified true copy of the quality survey
(2) Seller shall at all times provide the Buyer with a full response to all quality claims including an explanation of its own findings in investigation of the causes of any quality deficiency and its views and remedial measures on the same within 10 calendar days from the date of receipt of the quality survey report.
(3) In the event of a finding after surveys that there is indeed a quality difference from the agreed specifications in a delivered shipment, compensation shall automatically become payable to the Buyer. Such compensation shall provide an indemnity for all provable loss and damage suffered by the Buyer on account of the deficient quality
(4) SHIPMENT: By SEA
5.1. Loading Port: XXXXXX PORT
Quality Claims. Producer warrants that the quality of Ethanol delivered into the transportation vehicles conforms to the specifications attached as Schedule A. Producer shall not be required to sell or deliver, and Purchaser shall not be required to purchase or take delivery, of Ethanol that does not meet such specifications without the prior written mutual consent of Producer and Purchaser. In the event Ethanol does not meet the standards set forth in Schedule A when delivered by Producer to the transportation vehicles or upon receipt by Purchaser’s third party customer and quality claims arise as a result thereof, such quality claims will be administered by Purchaser upon notice to Producer. Such claims shall be solely for Producer’s account, and Purchaser shall not be responsible in any manner whatsoever for such claims. Notwithstanding the above, Producer shall not be responsible for the quality of any Ethanol which is transloaded (i.e. unloaded and reloaded into a transportation vehicle ) prior to its delivery to the third party customer.
