Common use of RIGHT OF INSPECTION AND REJECTION Clause in Contracts

RIGHT OF INSPECTION AND REJECTION. Sterling reserves the right of inspection prior to final acceptance of the services or goods and such inspection and acceptance shall be at Sterling’s premises by Sterling. Sterling or its customers may inspect goods at Provider’s place of business but inspection by Sterling or its customers prior to delivery does not relieve Provider from responsibility of furnishing goods or services in strict compliance with specifications, nor preclude Sterling’s subsequent rejection if the products or services fail to comply with Provider’s warranties. At Sterling’s election, Sterling may correct any non-conforming good(s) and service(s) at Provider’s expense, replace any non-conforming or rejected goods if adequate assurances are not timely provided, hold any non-conforming or rejected good(s) at Provider’s risk to cover, and/or return any rejected and non-conforming good(s) to Seller at Seller’s expense. Payment by Sterling shall not be construed as constituting acceptance of good(s) or service(s) if these fail to comply with Provider’s warranties. Inspection may involve sampling or testing, and Sterling’s acknowledgment of delivery does not constitute final acceptance hereunder. Product supplied by Provider shall be received subject to Sterling’s inspection and approval within a reasonable time after delivery, notwithstanding prior payment. If specifications or warranties are not met, material and equipment may be returned at Provider’s expense. No material or equipment returned to Provider as defective shall be replaced except upon Sterling’s formal authorization.

Appears in 2 contracts

Samples: Purchasing Terms and Conditions, Purchasing Terms and Conditions

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RIGHT OF INSPECTION AND REJECTION. Sterling reserves the right of inspection prior to final acceptance of the services or goods and such inspection and acceptance shall be at Sterling’s premises by Sterling. Sterling or its customers may inspect goods at Provider’s place of business but inspection by Sterling or its customers prior to delivery does not relieve Provider from responsibility of furnishing goods or services in strict compliance with specifications, nor preclude Sterling’s subsequent rejection if the products or services fail to comply with Provider’s warranties. At Sterling’s election, Sterling may correct any non-conforming good(s) and service(s) at Provider’s expense, replace any non-conforming or rejected goods if adequate assurances are not timely provided, hold any non-conforming or rejected good(s) at Provider’s risk to cover, and/or return any rejected and non-conforming good(s) to Seller at Seller’s expense. Payment by Sterling shall not be construed as constituting acceptance of good(s) or service(s) if these fail to comply with Provider’s warranties. Inspection may involve sampling or testing, and Sterling’s acknowledgment of delivery does not constitute final acceptance hereunder. Product supplied by Provider shall be received subject to Sterling’s inspection and approval within a reasonable time after delivery, notwithstanding prior payment. If specifications or warranties are not met, material and equipment may be returned at Provider’s expense. No material or equipment returned to Provider as defective shall be replaced except upon Sterling’s formal authorization.

Appears in 1 contract

Samples: Purchasing Terms and Conditions

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