Common use of Shipment and Inspection Clause in Contracts

Shipment and Inspection. If goods are not shipped to and received by Gateway at the destination as specified on the purchase order, the vendor accepts that the goods may be returned and the order cancelled. Gateway shall have the right to inspect and reject any or all of the goods upon within twenty-four (24) hours of receipt, which shall be exercisable notwithstanding Gateway having paid for the goods. Inspection by Gateway shall not relieve the vendor from its responsibility of furnishing material strictly in accordance with specification. Goods not in accordance with specifications or defective goods may be returned to the vendor for full refund and replacement at the vendor’s risk and expense, including transportation charges both ways, but no goods shall be replaced without a formal replacement order signed by Gateway. Gateway shall not, by reason of its failure to inspect the goods, be deemed to have accepted any defective goods or goods which do not conform to the specifications thereof, or to have waived any of Gateway’s rights or remedies arising by virtue of such defect or non-conformance. When Gateway’s inspection at vendor’s location is specified before shipment, the vendor will promptly notify Gateway when material is ready for inspection, and in no case will the vendor ship the material without obtaining Gateway’s approval or release. Where the vendor fails to deliver the goods or services on or before the delivery date set out in this purchase order, Gateway may cancel this purchase order or any part of it without prejudice to its other rights, and may return, at the vendor’s expense, part or all of any shipment of material(s) received prior to or after the delivery date, and irrespective of whether this order is cancelled, Gateway may charge the vendor with any loss or expense sustained as a result of the later delivery or failure to deliver. Packing slips must accompany all shipments.

Appears in 5 contracts

Samples: Purchase Order, Purchase Order, Purchase Order

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Shipment and Inspection. If goods are not shipped All products must be delivered to and Purchaser as directed in this Purchase Order. Packing slips must accompany all shipments. Written approval from Purchaser to bypass the designated receiving point must be received prior to delivery. Freight or express charges must be prepaid by Gateway at the destination as specified on the purchase order, the vendor accepts that the goods may be returned and the order cancelledVendor when price is F.O.B. destination. Gateway Purchaser shall have the right to inspect inspect, test and reject any or all of the goods products upon Purchaser’s receipt or within twenty-four (24) hours a reasonable time of receipt, which shall be exercisable notwithstanding Gateway having paid for the goods. Inspection by Gateway shall not relieve the vendor from its responsibility of furnishing material strictly in accordance with specification. Goods Products not in accordance with specifications or defective goods products may be rejected and held awaiting disposal or returned to the vendor Vendor for full refund and credit and/or replacement at the vendorVendor’s risk and expense, including transportation charges both ways, but no goods shall be replaced without a formal replacement order signed by Gateway. Gateway shall notPurchaser, by reason of its failure to inspect or test the goodsproducts, shall not be deemed to have accepted any defective goods products or goods products which do not conform to the specifications thereofspecifications, or to have waived any of GatewayPurchaser’s rights or remedies arising by virtue of such defect or non-conformance. When GatewayPurchaser’s inspection at vendor’s location is specified before shipment, the vendor Vendor will promptly notify Gateway Purchaser when material is ready for inspection, and in no case will the vendor Vendor ship the material without obtaining GatewayPurchaser’s approval or release. Where the vendor Vendor fails to deliver the goods or services products on or before the delivery date set out in this purchase orderout, Gateway may cancel this purchase order Purchaser may, at its sole option and without liability or any part of it without prejudice to its other rights, cancel this Purchase Order and may return, at the vendorVendor’s risk and expense, part or all of any shipment of material(s) material received prior to or after the delivery date, and irrespective of whether . If this order Purchase Order is cancelled, Gateway Purchaser may charge the vendor Vendor with any loss or expense sustained as a result of the later late delivery or failure to deliver. Packing slips must accompany all shipmentsdeliver and any sums paid by Purchaser to Vendor shall be immediately returned to Purchaser.

Appears in 1 contract

Samples: Purchase Order

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