Common use of Shortages, Overshipments, Non-Conformity in Orders Clause in Contracts

Shortages, Overshipments, Non-Conformity in Orders. 3.5.1 The Buyer shall immediately and not later than thirty (30) days after receipt of Xxxxxxxx delivered pursuant to a purchase order advise the Seller: a) of any alleged shortages or overshipments with respect to such order, b) of all non-conformities to specification of parts in such order subjected to inspections by the Buyer. In the event of the Buyer not having advised the Seller of any such alleged shortages, overshipments or non-conformity within the above defined period, the Buyer shall be deemed to have accepted the deliveries. 3.5.2 In the event of the Buyer reporting overshipments or non-conformity to the specifications within the period defined in Clause 3.5.1 the Seller shall, if the Seller accepts such overshipment or non-conformity, either replace the concerned Materiel or credit the Buyer for the returned Materiel. In such case, transportation costs shall be borne by the Seller. The Buyer shall endeavor to minimize such costs, particularly through the use of its own airfreight system for transportation at no charge to the Seller.

Appears in 2 contracts

Samples: Purchase Agreement (China Eastern Airlines Corp LTD), Purchase Agreement (China Eastern Airlines Corp LTD)

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Shortages, Overshipments, Non-Conformity in Orders. 3.5.1 The Buyer shall immediately and not later than thirty (30) [***] days after receipt of Xxxxxxxx Material delivered pursuant to a purchase order advise the Seller: a) of any alleged shortages or overshipments with respect to such order, b) of all non-conformities to specification of parts in such order subjected to inspections by the Buyer. In the event of the Buyer not having advised the Seller of any such alleged shortages, overshipments or non-conformity within the above defined period, the Buyer shall be deemed to have accepted the deliveries. 3.5.2 In the event of the Buyer reporting overshipments or non-conformity to the specifications within the period defined in Clause 3.5.1 the Seller shall, if the Seller accepts such overshipment or non-conformity, either replace the concerned Materiel Material or credit the Buyer for the returned MaterielMaterial. In such case, transportation costs shall be borne by the Seller. The Buyer shall endeavor endeavour to minimize such costs, particularly through the use of its own airfreight system for transportation at no charge to the Seller.

Appears in 1 contract

Samples: Aircraft Purchase Agreement (AerCap Holdings N.V.)

Shortages, Overshipments, Non-Conformity in Orders. 3.5.1 The Buyer shall immediately and not later than thirty (30) days after receipt of Xxxxxxxx Material delivered pursuant to a purchase order advise the Seller:. a) of any alleged shortages or overshipments with respect to such order, b) of all non-conformities to specification of parts in such order subjected to inspections by the Buyer. In the event of the Buyer not having advised the Seller of any such alleged shortages, overshipments or non-conformity within the above defined period, the Buyer shall be deemed to have accepted the deliveries. 3.5.2 In the event of the Buyer reporting overshipments or non-conformity to the specifications within the period defined in Clause 3.5.1 the Seller shall, if the Seller accepts such overshipment or non-conformity, either replace the concerned Materiel Material or credit the Buyer for the returned MaterielMaterial. In such case, transportation costs shall be borne by the Seller. The Buyer shall endeavor endeavour to minimize such costs, particularly through the use of its own airfreight system for transportation at no charge to the Seller.

Appears in 1 contract

Samples: Purchase Agreement (Tam S.A.)

Shortages, Overshipments, Non-Conformity in Orders. 3.5.1 The Buyer shall immediately and not later than thirty (30) days [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] after receipt of Xxxxxxxx Materiel delivered pursuant to a purchase order advise the Seller: a) of any alleged shortages or overshipments with respect to such order, b) of all non-conformities to specification of parts in such order subjected to inspections by the Buyer. In the event of the Buyer not having advised the Seller of any such alleged shortages, overshipments or non-conformity within the above defined period, the Buyer shall be deemed to have accepted the deliveries. 3.5.2 In the event of the Buyer reporting overshipments or non-conformity to the specifications within the period defined in Clause 3.5.1 the Seller shall, if the Seller accepts such overshipment or non-conformity, either replace the concerned Materiel or credit the Buyer for the returned Materiel. In such case, transportation costs shall be borne by the Seller. The Buyer shall endeavor to minimize such costs, particularly through the use of its own airfreight system for transportation at no charge to the Seller.

Appears in 1 contract

Samples: Purchase Agreement (KLM Royal Dutch Airlines)

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Shortages, Overshipments, Non-Conformity in Orders. 3.5.1 The Buyer shall immediately and not later than thirty (30) days after receipt of Xxxxxxxx Material delivered pursuant to a purchase order advise the Seller: a) of any alleged shortages or overshipments with respect to such order, b) of all non-conformities to specification of parts in such order subjected to inspections by the Buyer. In the event of the Buyer not having advised the Seller of any such alleged shortages, overshipments or non-conformity within the above defined period, the Buyer shall be deemed to have accepted the deliveries. 3.5.2 In the event of the Buyer reporting overshipments or non-conformity to the specifications within the period defined in Clause 3.5.1 the Seller shall, if the Seller accepts such overshipment or non-conformity, either replace the concerned Materiel Material or credit the Buyer for the returned MaterielMaterial. In such case, transportation costs shall be borne by the Seller. The Buyer shall endeavor endeavour to minimize such costs, particularly through the use of its own airfreight system for transportation at no charge to the Seller.

Appears in 1 contract

Samples: Purchase Agreement (Latam Airlines Group S.A.)

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