Examples of Offspec Product in a sentence
If the Product does not meet such specifications, Buyer may suspend performance of its obligations to purchase and receive Product delivered by the Seller until such time as the Product meets such specifications; provided, however, if the pipeline notifies the Buyer about the shipment of Off-spec Product, the Buyer shall provide Notice to the Seller within five Business Days after the Buyer obtains actual or constructive notice of the Off-spec Product from the subject Carrier.
Notwithstanding the foregoing, title to and risk of loss associated with Off-spec Product shall remain with Seller until it is either accepted or deemed to be accepted by Buyer.
If the Buyer has complied with its obligations under this Section 5.4, Buyer may, at any time and from time to time, reject any alleged Off-spec Product and refuse or suspend receipt of such alleged Off-spec Product; provided, however, if it is established that the delivered Product met the applicable quality specifications, Buyer shall be responsible for damages resulting from its wrongful rejection.
Upon receipt of the Buyer’s Off-spec Product notice under this section, Seller shall immediately undertake and diligently pursue such acts as may be necessary to correct such alleged failure so as to deliver Product that conforms with the applicable Product specification.
If Buyer fails to (a) obtain samples, (b) provide Notice of the testing or (c) provide Notice of any alleged Off-spec Product based on the sampling within the greater of the referenced five Business Days or the minimum time period required by Applicable Law, along with supporting test results and information and documentation (collectively the “Product Rejection Notice”), the Seller shall have no liability for any defect in the quality of odorized propane, and the odorized propane will be deemed accepted.
If Buyer fails to (a) obtain samples, (b) provide Notice of the testing or (c) provide Notice of any alleged Off-spec Product based on the sampling within the greater of five Business Days or the minimum time period required by Applicable Law along with supporting test results and information and documentation (collectively the “Product Rejection Notice”), the Seller shall have no liability for any defect in the quality of Product, and the Product will be deemed accepted.
Notwithstanding the foregoing, title to, and risk of loss associated with, any Offspec Product shall remain with Seller.
The maximum difference between the start and final depth was 0.94 m (3.1 ft), or an error of 0.4 %, for the caliper run in Borehole 04EA-83.
If it is subsequently determined that Buyer unknowingly accepted Offspec Product, the Parties will mutually agree upon a discounted price for such Offspec Product to reflect (i) its diminution in value, if any, from Product meeting the applicable Specifications or (ii) the cost incurred by Buyer in handling such Offspec Product.
If SOUTH TEXAS accepts Offspec Product delivered by or on behalf of CUSTOMER, CUSTOMER shall reimburse SOUTH TEXAS for the reasonable costs and expenses incurred in handling such Offspec Product.