Rejections. If any goods ordered by Purchaser are found at any time to be defective or otherwise not in conformity with the order, Purchaser may (a) reject and return at Seller’s expense all or a portion of the nonconforming goods and/or (b) require Seller to repair or to replace the nonconforming goods with conforming goods promptly at Seller’s expense. If Purchaser elects option (b) above and Seller fails to repair or replace promptly, Purchaser may at its option, inspect, sort and repair or replace the goods at the Seller’s expense. Furthermore, since time is of the essence in modifying, repairing or replacing nonconforming items of goods to Purchaser’s satisfaction, Purchaser or its customer shall be entitled to make “on the spot” inspections to find potential corrections that are necessary, but that do not delay construction, operation or production. These “on the spot” inspections will give Seller notice and an opportunity to inspect the defects and make the necessary corrections. Purchaser shall not be obliged to accept any nonconforming item of goods even though a substituted, or substandard item, could satisfy the use intended by Purchaser. Purchaser may, however, elect either (i) to accept the item as delivered and xxxxx the purchase price payable by the difference in value between the item delivered and the item as ordered with an additional abatement for any cost or expense in installation resulting from the nonconformity as determined by Purchaser, or (ii) without constituting acceptance, to install the item delivered for temporary use, in which event Seller promptly shall deliver the conforming replacement item for installation by Purchaser. Seller shall pay Purchaser the cost and expense of installing the conforming replacement item. Acceptance of defective materials shall not preclude Purchaser from rejecting other defective materials delivered or work performed under this order, because of the same or other defects.
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Rejections. If any goods ordered by Purchaser are found at any time to be defective or otherwise not in conformity with the order, Purchaser may (a) reject and return at Seller’s expense all or a portion Without prejudice to any statutory rights the EdUHK may have the Receiving Officer of the nonconforming goods and/or EdUHK may reject any Scheduled Goods which in the opinion of the Receiving Officer do not comply with the Terms and Conditions, in particular, the conditions of Clause 3 thereof or which are in the opinion of the Receiving Officer damaged, spoilt or soiled or which do not conform with the quantities ordered.
(b) Within 24 hours of being notified in writing of the rejection of any goods delivered the Contractor shall remove them from the EdUHK premises following which EdUHK may dispose of these goods as EdUHK thinks fit and without any responsibility to the Contractor for either the prices achieved at such disposal or the proceeds thereof.
(c) By supplying Scheduled Goods which are rejected under sub-clause (a) above, the Contractor will have defaulted under the terms of this Contractor and subject to the provisions of Clause 10 (“Default”) below. However, unless, at the time of notification of rejection, the EdUHK notifies the Contractor that it does not require Seller to repair or to the replacement of such goods, the Contractor shall, within 7 days of notification of rejection, replace the nonconforming such goods with conforming satisfactory goods promptly at Seller’s expensespecified in the Order or in the case where replacement goods have to be obtained from sources outside Hong Kong, the Contractor must advise the EdUHK the delivery date when such replacement goods will be delivered. If Purchaser elects option Unless otherwise agreed by the EdUHK or otherwise provided for in the Special Conditions of Contract (bif any) above and Seller fails hereafter listed, the EdUHK further reserves the right to repair or replace promptlyapply Clause 10 of these General Conditions of Contract in the event: that replacement delivery of goods of satisfactory standard, Purchaser may at its option, inspect, sort and repair or replace the decision as to whether such goods at are satisfactory being in the Seller’s expense. Furthermore, since time is absolute discretion of the essence in modifyingEdUHK, repairing cannot be made with seven days of notification of rejection, whether or replacing nonconforming items not replacement goods have to be obtained from sources outside Hong Kong or otherwise.
(d) The decision of the EdUHK on whether or not to reject any goods to Purchaser’s satisfaction, Purchaser or its customer delivered shall be entitled to make “on the spot” inspections to find potential corrections that are necessary, but that do not delay construction, operation or production. These “on the spot” inspections will give Seller notice and an opportunity to inspect the defects and make the necessary corrections. Purchaser shall not be obliged to accept any nonconforming item of goods even though a substituted, or substandard item, could satisfy the use intended by Purchaser. Purchaser may, however, elect either (i) to accept the item as delivered and xxxxx the purchase price payable by the difference in value between the item delivered and the item as ordered with an additional abatement for any cost or expense in installation resulting from the nonconformity as determined by Purchaser, or (ii) without constituting acceptance, to install the item delivered for temporary use, in which event Seller promptly shall deliver the conforming replacement item for installation by Purchaser. Seller shall pay Purchaser the cost and expense of installing the conforming replacement item. Acceptance of defective materials shall not preclude Purchaser from rejecting other defective materials delivered or work performed under this order, because of the same or other defectsfinal.
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Samples: General Conditions of Contract, General Conditions of Contract