INSPECTION AND REJECTION. 8.1 Purchaser shall have the right to inspect and test Products at any time prior to shipment, and within a reasonable time after delivery to the Purchaser’s Destination. Products not inspected within a reasonable time after delivery shall be deemed accepted by Purchaser. The payment for Products shall in no way impair the right of Purchaser to reject nonconforming Products, or to avail itself of any other remedies to which it may be entitled.
INSPECTION AND REJECTION. Buyer reserves the right to inspect, test and, if found to be nonconforming, reject all or some lesser portion of any items identified to this Purchase Order by Seller before, during and after manufacture or delivery. If any inspection or test is to be made on Seller's premises, Buyer shall provide Seller advance notice of such inspection or test and Seller shall provide reasonable facilities and assistance for the safety and convenience of Buyer's inspectors in such manner as not to unreasonably hinder or delay Seller's performance. All items delivered hereunder are delivered subject to Buyer's inspection, testing, approval and acceptance at the specified delivery location notwithstanding any prior inspection or testing at Seller's premises or any prior payment by Buyer for such items. In addition to Xxxxx's other rights and remedies available at law or equity, Xxxxx may return to Seller any items rejected hereunder at Seller's sole expense and may charge Seller all expenses of unpacking, examining, repacking and reshipping such items. Nothing contained in this Purchase Order shall relieve in any way the Seller from the obligation of testing, inspection and quality control.
INSPECTION AND REJECTION a. No item(s) or services received by the University shall be deemed accepted until the University has had a reasonable opportunity to make an inspection. Any item(s) that is discovered to be defective or fails to conform to the specifications may be rejected upon initial inspection or at any later time if the defects contained in the item(s) or the noncompliance with the specifications were not reasonably ascertainable upon the initial inspection. The decision of the Contracting Officer shall be final. It shall thereupon become the duty of the Contractor to remove rejected item(s) from the premises without expense to the University within fifteen (15) days after notification. Rejected item(s) left longer than fifteen (15) days will be regarded as abandoned, and the University shall have the right to dispose of them as its own property and shall retain that portion of the proceeds of any sale that represents the University’s costs and expenses in regard to the storage and sale of the item(s). Upon notice of rejection, the Contractor shall immediately render service(s) or replace all such rejected item(s) with others conforming to the specifications and that are not defective. If the Contractor fails, neglects or refuses to do so, the University shall then have the right to procure a corresponding quantity of such item(s) or services, and deduct from any monies due or that may thereafter become due to the Contractor, the difference between the price stated in this Contract and the cost thereof to the University.
INSPECTION AND REJECTION. DISTRIBUTOR shall inspect all Products promptly upon receipt and may reject, by written notice to DIADEXUS, any Products which fail materially to meet the specifications outlined in Product package insert (“Product Specification”). If DISTRIBUTOR does not reject a shipment of Products within fifteen (15) days of receipt, such shipment will be deemed to have been accepted. Rejected Products shall be returned freight prepaid to DIADEXUS within ten (10) days of rejection but only after receipt from DIADEXUS of a Return Goods Authorization (“RGA”), which DISTRIBUTOR may obtain from DIADEXUS by mail, Email or telefax upon proper explanation of the rejection. As promptly as possible and subject to commercially reasonable efforts, but not later than sixty business (60) days after receipt by DIADEXUS of properly rejected Products, DIADEXUS shall, at its option and expense, replace such Products. The party shipping Products pursuant to this Section 3.4 shall bear the entire risk of loss for Products during shipment. Any insurance proceeds payable in respect to any loss for such Products to the extent of any loss incurred during shipment shall be paid to the party bearing the risk of loss for such Products. DIADEXUS will prepay transportation charges back to DISTRIBUTOR for replacement Products and shall reimburse DISTRIBUTOR for any costs of transportation incurred by DISTRIBUTOR in connection with the return to DIADEXUS of properly rejected Products. In the case of improperly rejected or returned Products, DISTRIBUTOR shall pay transportation charges in both directions. [*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
INSPECTION AND REJECTION. The Purchasing Entity’s inspection of all materials, supplies and equipment upon delivery is for the purpose of forming a judgment as to whether such delivered items are what was ordered, were properly delivered and ready for Acceptance. Such inspection shall not be construed as final acceptance, or as acceptance of the materials, supplies or equipment, if the materials, supplies or equipment do not conform to contractual requirements. If there are any apparent defects in the materials, supplies, or equipment at the time of delivery, the Purchasing Entity will promptly notify the Contractor. Without limiting any other rights, including those set forth in Section 16 of Appendix B: NASPO ValuePoint Master Agreement Terms and Conditions, the Purchasing Entity may require the Contractor to: (1) repair or replace, at Contractor's expense, any or all of the damaged goods; (2) refund the price of any or all of the damaged goods; or (3) accept the return of any or all of the damaged goods.
INSPECTION AND REJECTION. All services performed under this Contract shall be subject, before payment, to inspection by PRASA delegated Contract’s Manager who may withhold payment when in his/her opinion any services have not been performed in accordance with the requirement of the Contract.
INSPECTION AND REJECTION. Supplier shall provide and maintain a best-in-class inspection system covering the supplies, processing methods, special tooling, materials, workmanship, and final product ordered under the P.O. Supplier shall make its inspection records of all work and materials available to Xxxxx during the performance of the Agreement, and for seven (7) years thereafter. Xxxxx shall have the right and opportunity to inspect and test all supplies, processing methods, special tooling, materials, workmanship and final product ordered under the P.O. at all times and places, including during the periods of manufacture. Xxxxx shall not be deemed to have accepted any Goods until the expiration of a reasonable period of time for inspection after delivery which period of time shall not be less than ninety (90) days after delivery and Xxxxx may thereafter reject or revoke acceptance of non-conforming Goods. Supplier acknowledges and agrees that Xxxxx may inspect any commercial lot of Goods consisting of numerous units of the same Good by inspecting only a reasonable sampling of such units and that Xxxxx may reject or revoke acceptance of any other units of such commercial lot which Xxxxx at a later time discovers to be non-conforming. Even if not detected during a standard inspection, Supplier further acknowledges and agrees that Xxxxx may reject or revoke acceptance of any non-conforming Goods. If any Goods delivered are non-conforming in materials or workmanship or otherwise, Xxxxx shall have the right, notwithstanding payment or any prior inspection or test, either to reject or revoke acceptance of such non-conforming Goods and to require that Supplier promptly replace or correct any such non- conforming Goods at Supplier’s expense, in addition to any other rights or remedies available pursuant to applicable “Law,” which term when used in this Agreement includes all federal, state and local statutes, laws, ordinances, rules and regulations, as well as judicial decrees, and orders of government agencies, in all cases as they now exist and as they may be passed, enacted, promulgated, amended, revised, recodified, ordered or otherwise changed hereafter. If Supplier fails to promptly replace or correct such Goods after Xxxxx requests Supplier to do so, Xxxxx, in its sole and absolute discretion, may either (i) by contract or otherwise, replace or correct such Goods and charge to Supplier the increased cost incurred by Xxxxx; (ii) accept the delivery of such Goods, subject to a red...
INSPECTION AND REJECTION. All goods are subject to final inspection and acceptance by Buyer at destination notwithstanding any payment. Such inspection will be made within a reasonable time after receipt of goods. Buyer shall notify Seller if any goods delivered hereunder are rejected, and at Xxxxx's election and Xxxxxx's risk and expense, such goods shall be held by Buyer or returned to Seller. No replacement or correction of nonconforming goods shall be made by Seller unless agreed to in writing by Xxxxx.
INSPECTION AND REJECTION. All goods, except goods inspected and accepted by the government at source for direct shipment to the government, are subject to final inspection and acceptance by Buyer at destination notwithstanding any payment or prior inspection at source. Such inspection will be made or prior inspection at source. Such inspection will be made within a reasonable time after receipt of goods. Buyer shall notify Seller if any goods delivered hereunder are rejected, and at Buyer's election and Seller's risk and expense, such goods shall be held by Buyer or returned to Seller. No replacement or correction of nonconforming goods shall be made by Seller unless agreed to in writing by Buyer.
INSPECTION AND REJECTION. (a) Purchaser reserves the right to reject or revoke acceptance of any shipment of Product as a result of any defect or nonconformity thereof. If any Product is rejected or its acceptance is revoked, Purchaser shall notify Seller of such rejection or revocation of acceptance within 30 days of receipt of such Product, specifying with particularity the grounds for its rejection or revocation of acceptance.
