Common use of Sales Goods Clause in Contracts

Sales Goods. 7.1.1 The Customer shall be deemed to have accepted the Sales Goods if it has not notified Swire that it rejects the Sales Goods within seven (7) days of delivery of the Sales Goods to the Designated Location.‌ 7.1.2 If the Customer requires the Sales Goods to be manufactured to a certain specification, that specification will be set out in full in the Order (the "Specification") and the Customer, on its acceptance or acknowledgement of the Order, will be deemed to have approved the Specification. The Customer warrants that the Specification is correct, accurate and meets all of the requirements of the Customer. Subject to condition 7.1.3, the Customer shall not be entitled to request any variation to the Specification and may not reject the Sales Goods on the basis that the Specification is incorrect or inaccurate or does not meet the requirements of the Customer. 7.1.3 The Customer may request a variation to the Specification at any time by submitting a variation order request to Swire. Swire shall, in its sole discretion, consider whether to accept or reject the variation order request. If Swire rejects the variation order request, Swire shall continue to manufacture the Sales Goods to the Specification in accordance with condition 7.1.2 and Customer shall not be entitled to reject the Sales Goods on the basis that the Specification is incorrect or inaccurate or does not meet the requirements of the Customer. If Swire accepts the variation order request, Swire shall consider whether it is appropriate to make an adjustment to the Contract Price as a result of the variation to the Specification. If Swire considers an adjustment to the Contract Price is appropriate, the adjustment shall be valued at the appropriate rates and prices included in the Order or, in the absence of any appropriate rates and prices, a fair valuation shall be made by Swire.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

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Sales Goods. 7.1.1 The Customer shall be deemed to have accepted the Sales Goods if it has not notified Swire that it rejects the Sales Goods within seven (7) days of delivery of the Sales Goods to the Designated Location.‌Location. 7.1.2 If the Customer requires the Sales Goods to be manufactured to a certain specification, that specification will be set out in full in the Order (the "Specification") and the Customer, on its acceptance or acknowledgement of the Order, will be deemed to have approved the Specification. The Customer warrants that the Specification is correct, accurate and meets all of the requirements of the Customer. Subject to condition 7.1.3, the Customer shall not be entitled to request any variation to the Specification and may not reject the Sales Goods on the basis that the Specification is incorrect or inaccurate or does not meet the requirements of the Customer. 7.1.3 The Customer may request a variation to the Specification at any time by submitting a variation order request to SwireXxxxx. Swire shall, in its sole discretion, consider whether to accept or reject the variation order request. If Swire Xxxxx rejects the variation order request, Swire shall continue to manufacture the Sales Goods to the Specification in accordance with condition 7.1.2 and Customer shall not be entitled to reject the Sales Goods on the basis that the Specification is incorrect or inaccurate or does not meet the requirements of the Customer. If Swire Xxxxx accepts the variation order request, Swire Xxxxx shall consider whether it is appropriate to make an adjustment to the Contract Price as a result of the variation to the Specification. If Swire Xxxxx considers an adjustment to the Contract Price is appropriate, the adjustment shall be valued at the appropriate rates and prices included in the Order or, in the absence of any appropriate rates and prices, a fair valuation shall be made by Swire.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions for Rental and Sale of Goods and Services

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Sales Goods. 7.1.1 The Customer shall be deemed to have accepted the Sales Goods if it has not notified Swire that it rejects the Sales Goods within seven (7) days of delivery of the Sales Goods to the Designated Location.‌Location. 7.1.2 If the Customer requires the Sales Goods to be manufactured to a certain specification, that specification will be set out in full in the Order (the "Specification") and the Customer, on its acceptance or acknowledgement of the Order, will be deemed to have approved the Specification. The Customer warrants that the Specification is correct, accurate and meets all of the requirements of the Customer. Subject to condition 7.1.3, the Customer shall not be entitled to request any variation to the Specification and may not reject the Sales Goods on the basis that the Specification is incorrect or inaccurate or does not meet the requirements of the Customer. 7.1.3 The Customer may request a variation to the Specification at any time by submitting a variation order request to Swire. Swire shall, in its sole discretion, consider whether to accept or reject the variation order request. If Swire rejects the variation order request, Swire shall continue to manufacture the Sales Goods to the Specification in accordance with condition 7.1.2 and Customer shall not be entitled to reject the Sales Goods on the basis that the Specification is incorrect or inaccurate or does not meet the requirements of the Customer. If Swire accepts the variation order request, Swire shall consider whether it is appropriate to make an adjustment to the Contract Price as a result of the variation to the Specification. If Swire considers an adjustment to the Contract Price is appropriate, the adjustment shall be valued at the appropriate rates and prices included in the Order or, in the absence of any appropriate rates and prices, a fair valuation shall be made by Swire.

Appears in 1 contract

Samples: Terms and Conditions

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