Common use of Inspection and Testing Clause in Contracts

Inspection and Testing. Seller’s standard specifications and tests apply to all orders. All charges for inspections or tests not regularly furnished are for Purchaser’s account. Any inspection by Purchaser of Equipment on Seller’s premises shall be scheduled in advance to be performed during normal working hours. If the order provides for factory acceptance testing, Seller shall notify Purchaser when Seller will conduct such testing prior to shipment. Unless Purchaser states specific objections in writing within ten (10) days after completion of factory acceptance testing, completion of the acceptance test constitutes Purchaser's factory acceptance of the Equipment and its authorization for shipment. Goods not subject to factory inspection are deemed to be accepted by Purchaser unless Purchaser provides Seller written notice to the contrary specifying the non-conformance within twenty-four (24) hours of delivery. Thereafter, Purchaser will be deemed to have waived any right to reject the goods. Purchaser’s acceptance is irrevocable. Seller may examine on Purchaser's premises goods that Purchaser claims are nonconforming. Seller may impose charges to reimburse it for its costs if it finds Purchaser’s claim is unsupported or for rescreening conforming goods. No goods may be returned to Seller unless Customer has first received Seller’s return material authorization number and complied with Xxxxxx’s instructions. Seller reserves the right to modify its process, materials, and specifications for goods, and to substitute goods substantially equivalent to those ordered or manufactured to the modified specifications. Purchaser is solely responsible for testing all goods to determine suitability for its needs.

Appears in 4 contracts

Samples: www.ppcequoter.com, ppcinsulators.com, www.ppcinsulators.com

AutoNDA by SimpleDocs

Inspection and Testing. Seller’s standard specifications (a) All material and tests apply work in progress shall be subject to inspection and test at all orderstimes and places and, when practicable, during manufacture as Buyer may direct. All charges for inspections If any inspection or tests not regularly furnished are for Purchaser’s account. Any inspection by Purchaser of Equipment test, whether preliminary or final, is made on Seller’s premises shall be scheduled in advance to be performed during normal working hours. If the order provides for factory acceptance testing's premises, Seller shall notify Purchaser when Seller furnish, without additional charge, all reasonable facilities and assistance for safe and convenient inspections and tests required by the inspectors in the performance of their duty. All inspections and tests shall be performed in such manner as will conduct such testing prior to shipmentnot unreasonably delay the work. Unless Purchaser states specific objections in writing within ten (10) days after completion of factory acceptance testing, completion of the acceptance test constitutes Purchaser's factory acceptance of the Equipment and its authorization for shipment. Goods not subject to factory inspection are deemed to be accepted by Purchaser unless Purchaser provides Seller written notice to the contrary specifying the non-conformance within twenty-four (24) hours of delivery. Thereafter, Purchaser will be deemed to Buyer shall have waived any right to reject the goods. Purchaser’s acceptance is irrevocable. Seller may examine on Purchaser's premises goods that Purchaser claims are nonconforming. Seller may impose charges to reimburse it for its costs if it finds Purchaser’s claim is unsupported or for rescreening conforming goods. No goods may be returned to Seller unless Customer has first received Seller’s return material authorization number and complied with Xxxxxx’s instructions. Seller reserves the right to modify its process, materialscharge to Seller any additional cost of inspection and test when articles are not ready at the time inspection is requested by Seller. (b) Seller shall work within, and inspect to, tolerances and limitations specified on drawings and specifications covering the work and shall make such tests as are specified in the drawings or test specifications, unless deviation therefrom is authorized in writing by Buyer. (c) All shipments shall be subject to final inspection by Xxxxx after receipt by Buyer at destination. If material supplied or work performed by Seller is found to be defective, Buyer shall have the right to require prompt correction thereof either by Seller, at Seller's risk and expense, or, upon authorization from Seller, by Buyer in its own plant. Buyer may backcharge Seller for goodsthe cost of any corrections made by it. If correction of such work is impracticable, Seller shall bear all risk after notice of rejection and shall, if so requested by Xxxxx and at its own expense, promptly, make all necessary replacements. If Seller fails to substitute goods substantially equivalent make such replacements promptly, Buyer may, by contract or otherwise, make the same and back charge to those ordered Seller the excess costs incurred by Buyer thereby, (d) Final inspection and acceptance by Buyer shall be conclusive except for latent defects, fraud, or manufactured such gross mistakes as amount to fraud or for any rights provided by any warranty of the modified specifications. Purchaser is solely responsible for testing all goods to determine suitability for its needsproduct.

Appears in 3 contracts

Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions

Inspection and Testing. Seller’s standard specifications and tests apply Products purchased pursuant to all orders. All charges for inspections or tests not regularly furnished are for Purchaser’s account. Any inspection by Purchaser of Equipment on Seller’s premises this Agreement shall be scheduled in advance subject to be performed during normal working hours. If the order provides for factory acceptance initial inspection, testing, Seller and acceptance or non-acceptance by BUYER, which shall notify Purchaser when Seller will conduct such testing prior to shipment. Unless Purchaser states specific objections in writing occur within ten thirty (1030) days after completion of factory acceptance testingfinal test. SUPPLIER shall perform First Article Inspection (FAI). BUYER’s quality assurance personnel (“BUYER Quality Assurance”) may approve the Product for production, completion of disapprove the acceptance test constitutes Purchaser's factory acceptance of the Equipment and its authorization Product for shipment. Goods not subject to factory inspection are deemed to be accepted by Purchaser unless Purchaser provides Seller written notice to the contrary specifying production or require immediate corrective action for all the non-conformance conformances found during the FAI. BUYER may have the SUPPLIER approve or disapprove the Product for production with BUYER’s authorization. Any non-conformances shall be corrected within twenty-four (24) hours of deliverythe time periods determined by BUYER. ThereafterSUPPLIER will manufacture the Products in accordance with the quality requirements, Purchaser will be deemed to have waived any right to reject standards and expectations as set forth in the goods. Purchaser’s acceptance is irrevocable. Seller may examine on Purchaser's premises goods that Purchaser claims are nonconforming. Seller may impose charges to reimburse it for its costs if it finds Purchaser’s claim is unsupported or for rescreening conforming goods. No goods may be returned to Seller unless Customer has first received Seller’s return material authorization number and complied with Xxxxxx’s instructions. Seller reserves the right to modify its process, materialsSpecifications, and specifications for goodsas otherwise mutually agreed upon by the parties in writing. SUPPLIER will not ship any Product to BUYER which is not in conformance with the Specifications, and to substitute goods substantially equivalent to those ordered or manufactured shall provide certification with such Product shipment of such shipment’s conformity to the modified specificationsforegoing. Purchaser SUPPLIER agrees that it will perform testing and inspection of the Product as mutually agreed upon by the parties in writing prior to the delivery, pack out or distribution of the Products. The testing and inspection procedures shall be documented in the Quality Control Plan. Containment of defective Product either in work in progress (“WIP”) or packed and waiting for shipment shall begin immediately after the discovery of a defective Product. Should Products or SUPPLIER’s processes be found to be non-conforming, SUPPLIER shall notify BUYER Quality Assurance and withhold shipping Product until such non-conformance is solely resolved. SUPPLIER shall be wholly responsible for testing all goods Products that fail to determine suitability meet the acceptance criteria and/or Specifications. Confidential treatment is being requested for its needsportions of this document. This copy of the document filed as an exhibit omits the confidential information subject to the confidentiality request. Omissions are designated by the symbol [***]. A complete version of this document has been filed separately with the Securities and Exchange Commission.

Appears in 2 contracts

Samples: Manufacturing and Purchase Agreement, Manufacturing and Purchase Agreement (Oclaro, Inc.)

Inspection and Testing. Seller’s standard specifications Once the Goods have been installed and tests apply to all orders. All charges for inspections or tests not regularly furnished are for Purchaser’s account. Any inspection by Purchaser of Equipment on Seller’s premises commissioned, the Supplier shall be scheduled in advance to be performed during normal working hours. If inform the order provides for factory acceptance testing, Seller shall notify Purchaser when Seller will conduct such testing prior to shipment. Unless Purchaser states specific objections Authority in writing that the Goods are ready for use. The following process will then apply: within ten five (105) days after completion Business Days of factory acceptance testingreceipt of such written confirmation from the Supplier that the Goods are ready to use, completion the Authority may carry out any such reasonable inspections and testing of the acceptance test constitutes Purchaser's factory acceptance Goods as the Authority deems appropriate (in accordance with the relevant manufacturers’ technical manuals relating to the Goods and/or as otherwise set out in the Specification and Tender Response Document and/or as otherwise agreed by the Parties in writing) to confirm that the Goods comply with the requirements of this Contract and are ready for use; as part of the Equipment Contract Price, the Supplier shall provide the Authority with all reasonable assistance and/or information requested by the Authority in relation to any such reasonable inspections and its authorization testing of the Goods; if the Authority on inspection and testing is of the view that the Goods have been supplied, installed and commissioned (as appropriate) in conformance with the requirements of this Contract and are ready for shipment. Goods not subject use, it shall issue an Authority Confirmation to factory inspection are deemed to be accepted by Purchaser unless Purchaser provides Seller written notice this effect to the contrary specifying Supplier; if the non-Authority on inspection and testing is not of the view that the Goods have been supplied, installed and commissioned (as appropriate) in conformance within twenty-four (24) hours with the requirements of delivery. Thereafterthis Contract and are ready for use, Purchaser will it shall inform the Supplier in writing and Clauses 2.3 and 2.4 of this Schedule 8 shall apply; and if the Authority chooses not to inspect and/or test the Goods, then the Authority shall be deemed to have waived provided an Authority Confirmation in relation to such Goods on the sixth (6th) Business Day following receipt by the Authority of the written confirmation from the Supplier in accordance with Clause 2.1.1 of this Schedule 8 that the Goods are ready to use. The issue by the Authority of any right Authority Confirmation shall be a confirmation that the correct Goods appear to reject have been supplied and reasonable installation and commissioning procedures look to have been followed by the goodsSupplier in accordance with the requirements and standards of this Contract. Purchaser’s It does not imply any acceptance is irrevocableof such Goods or any endorsement of such installation and commissioning procedures. Seller may examine on Purchaser's premises goods that Purchaser claims Responsibility for supplying the Goods in accordance with the requirements and standards of the Contract and the appropriateness of any installation and commissioning procedures shall remain with the Supplier notwithstanding any such Authority Confirmation. Without prejudice to any other rights and remedies of the Authority under this Contract, in relation to any failure by the Supplier to supply, install or commission the correct Goods in accordance with the requirements and standards of this Contract, the Supplier shall, at its own expense as part of the Contract Price, forthwith re-supply, re-install and/or re-commission the Goods until such time as Goods in compliance with the requirements of this Contract are nonconformingdelivered, installed, and commissioned to the reasonable satisfaction of the Authority and the Authority has provided an Authority Confirmation to the Supplier to this effect. Seller may impose charges to reimburse it for its costs if it finds Purchaser’s claim is unsupported or for rescreening conforming goods. No goods The Contract Price payable by the Authority under this Contract may be returned withheld by the Authority in full or part (to Seller unless Customer has first received Sellerbe determined at the Authority’s return material authorization number sole discretion) until the Goods are supplied, installed and complied commissioned in accordance with Xxxxxx’s instructions. Seller reserves the right to modify its process, materials, requirements and specifications for goods, and to substitute goods substantially equivalent to those ordered or manufactured standards of this Contract to the modified specificationsreasonable satisfaction of the Authority and the Authority has provided its Authority Confirmation to this effect. Purchaser is solely responsible In the event of any Dispute between the Authority and the Supplier regarding the issue of an Authority Confirmation, the Dispute shall be dealt with in accordance with the Dispute Resolution Procedure. In the event that the Specification and Tender Response Document states that Goods shall be installed and commissioned on a phased basis and/or upon request, then the process for the inspection and testing all goods of Goods set out in Clauses 2.1 to determine suitability 2.4 (inclusive) of this Schedule 8 shall apply to the Goods within each phase and/or instance of supply. In the event that the Specification and Tender Response Document stipulates a refresh programme and/or that substitute or replacement Goods shall otherwise be installed in accordance with the requirements of this Contract (to include, without limitation, in connection with any Maintenance Services), then, following the installation and commissioning of the replacement Goods, the process for its needsthe inspection and testing of Goods set out in Clauses 2.1 to 2.4 (inclusive) of this Schedule 8 shall apply in relation to the inspection and testing of any substitute or replacement Goods.

Appears in 2 contracts

Samples: NHS Terms and Conditions, NHS Terms and Conditions

Inspection and Testing. Seller’s standard specifications and tests apply to all orders. All charges for inspections or tests not regularly furnished are for Purchaser’s account. Any inspection by Purchaser of Equipment on Seller’s premises shall be scheduled in advance to be performed during normal working hours. If the order provides for factory acceptance testing, Seller shall notify Purchaser when Seller will conduct such testing prior to shipment. Unless Purchaser states specific objections in writing within ten (10) days after completion of factory acceptance testing, completion of the acceptance test constitutes Purchaser's factory acceptance of the Equipment and its authorization for shipment. Goods not subject to factory inspection are deemed to be accepted by Purchaser unless Purchaser provides Seller written notice to the contrary specifying the non-conformance within twenty-four (24) hours of delivery. Thereafter, Purchaser will be deemed to have waived any right to reject the goods. Purchaser’s acceptance is irrevocable. Seller may examine on Purchaser's premises goods that Purchaser claims are nonconforming. Seller may impose charges to reimburse it for its costs if it finds Purchaser’s claim is unsupported or for rescreening conforming goods. No goods may be returned to Seller unless Customer has first received Seller’s return material authorization number and complied with Xxxxxx’s instructions. Seller WESCO reserves the right to modify its processreview Seller’s quality assurance and quality control manuals, materialsprocedures, and specifications for goodsproduction operations, any associated documentation, and to substitute goods substantially equivalent inspect and witness Seller’s testing. To this end, WESCO must be granted access to those ordered all parts of Seller’s plant(s) or manufactured Seller’s subcontractor’s plant(s) engaged in the manufacturing or processing of any part of the Goods. The inspection and witnessing of testing by XXXXX’s representatives, the lack thereof, or lack of comment or other response from XXXXX’s representative will in no way release Seller from any of Seller’s obligations under the Agreement. Seller must ensure that this term becomes a part of Seller’s purchase orders to subcontractor’s manufacturing or processing any part of the modified specificationsGoods. Purchaser Seller and Seller’s subcontractors must notify WESCO at least five calendar days in advance of the date when any inspection or test can be made. If, for any reason, the date is solely responsible set back, Seller must notify WESCO immediately. Unless otherwise stated, Seller must furnish the status of any engineering, material procurement, production and shipping information every 14 days. Seller and its subcontractors must furnish at their own expense all tools, instruments, apparatus, equipment, utilities, facilities, services and materials necessary for testing all goods carrying out safe and convenient inspections and tests. Notwithstanding any of the foregoing, the making or failure to determine suitability for its needsmake any inspection of the Goods must in no way impair WESCO’s right to reject defective Goods or Goods that breach any applicable warranty or representation, nor be deemed to constitute acceptance by WESCO of the Goods, nor in any way affect Seller’s obligations under the Agreement. Additionally, Seller must at Seller’s expense furnish to WESCO a reasonable number of samples of any Goods.

Appears in 2 contracts

Samples: www.wesco.com, ca.wesco.com

Inspection and Testing. Seller’s standard specifications Once the Goods have been installed and tests apply to all orders. All charges for inspections or tests not regularly furnished are for Purchaser’s account. Any inspection by Purchaser of Equipment on Seller’s premises commissioned, the Supplier shall be scheduled in advance to be performed during normal working hours. If inform the order provides for factory acceptance testing, Seller shall notify Purchaser when Seller will conduct such testing prior to shipment. Unless Purchaser states specific objections Authority in writing that the Goods are ready for use. The following process will then apply: within ten five (105) days after completion Business Days of factory acceptance testingreceipt of such written confirmation from the Supplier that the Goods are ready to use, completion the Authority may carry out any such reasonable inspections and testing of the acceptance test constitutes Purchaser's factory acceptance Goods as the Authority deems appropriate (in accordance with the relevant manufacturers’ technical manuals relating to the Goods and/or as otherwise set out in the Specification and Tender Response Document and/or as otherwise agreed by the Parties in writing) to confirm that the Goods comply with the requirements of this Contract and are ready for use; as part of the Equipment Contract Price, the Supplier shall provide the Authority with all reasonable assistance and/or information requested by the Authority in relation to any such reasonable inspections and its authorization testing of the Goods; if the Authority on inspection and testing is of the view that the Goods have been supplied, installed and commissioned (as appropriate) in conformance with the requirements of this Contract and are ready for shipment. Goods not subject use, it shall issue an Authority Confirmation to factory inspection are deemed to be accepted by Purchaser unless Purchaser provides Seller written notice this effect to the contrary specifying Supplier; if the non-Authority on inspection and testing is not of the view that the Goods have been supplied, installed and commissioned (as appropriate) in conformance within twenty-four (24) hours with the requirements of delivery. Thereafterthis Contract and are ready for use, Purchaser will it shall inform the Supplier in writing and Clauses 60.3 and 60.4 of Schedule 7 shall apply; and if the Authority chooses not to inspect and/or test the Goods, then the Authority shall be deemed to have waived provided an Authority Confirmation in relation to such Goods on the sixth (6th) Business Day following receipt by the Authority of the written confirmation from the Supplier in accordance with Clause 60.1.1 of this Schedule 7 that the Goods are ready to use. The issue by the Authority of any right Authority Confirmation shall be a confirmation that the correct Goods appear to reject have been supplied and reasonable installation and commissioning procedures look to have been followed by the goodsSupplier in accordance with the requirements and standards of this Contract. Purchaser’s It does not imply any acceptance is irrevocableof such Goods or any endorsement of such installation and commissioning procedures. Seller may examine on Purchaser's premises goods that Purchaser claims Responsibility for supplying the Goods in accordance with the requirements and standards of the Contract and the appropriateness of any installation and commissioning procedures shall remain with the Supplier notwithstanding any such Authority Confirmation. Without prejudice to any other rights and remedies of the Authority under this Contract, in relation to any failure by the Supplier to supply, install or commission the correct Goods in accordance with the requirements and standards of this Contract, the Supplier shall, at its own expense as part of the Contract Price, forthwith re-supply, re-install and/or re-commission the Goods until such time as Goods in compliance with the requirements of this Contract are nonconformingdelivered, installed, and commissioned to the reasonable satisfaction of the Authority and the Authority has provided an Authority Confirmation to the Supplier to this effect. Seller may impose charges to reimburse it for its costs if it finds Purchaser’s claim is unsupported or for rescreening conforming goods. No goods The Contract Price payable by the Authority under this Contract may be returned withheld by the Authority in full or part (to Seller unless Customer has first received Sellerbe determined at the Authority’s return material authorization number sole discretion) until the Goods are supplied, installed and complied commissioned in accordance with Xxxxxx’s instructions. Seller reserves the right to modify its process, materials, requirements and specifications for goods, and to substitute goods substantially equivalent to those ordered or manufactured standards of this Contract to the modified specificationsreasonable satisfaction of the Authority and the Authority has provided its Authority Confirmation to this effect. Purchaser is solely responsible In the event of any Dispute between the Authority and the Supplier regarding the issue of an Authority Confirmation, the Dispute shall be dealt with in accordance with the Dispute Resolution Procedure. In the event that the Specification and Tender Response Document states that Goods shall be installed and commissioned on a phased basis and/or upon request, then the process for the inspection and testing all goods of Goods set out in Clauses 60.1 to determine suitability 60.4 (inclusive) of this Schedule 7 shall apply to the Goods within each phase and/or instance of supply. In the event that the Specification and Tender Response Document stipulates a refresh programme and/or that substitute or replacement Goods shall otherwise be installed in accordance with the requirements of this Contract (to include, without limitation, in connection with any Maintenance Services), then, following the installation and commissioning of the replacement Goods, the process for its needsthe inspection and testing of Goods set out in Clauses 60.1 to 60.4 (inclusive) of this Schedule 7 shall apply in relation to the inspection and testing of any substitute or replacement Goods.

Appears in 1 contract

Samples: NHS Terms

Inspection and Testing. Seller shall maintain documented procedures for final inspections, test activities and any in process inspection deemed necessary to verify product meets specifications. All inspections and testing operations must be performed by authorized personnel. Products are subject to source inspection at Sellers or sub-tiers facility by Peraton, Peraton’s customer or GQA inspection. Peraton quality must be notified 72 hours in advance of the order being shipped and provided appropriate test data when required. Seller shall carry out all inspection and testing in accordance with the Quality Plan or contract requirements. The inspection performed shall include, as applicable, receiving inspection, in-process inspection, special processes, final inspection and first article inspection. Only competent, qualified, or certified personnel shall perform inspection and testing. 100% inspection of all product is required, unless otherwise stated on the PO or contract. In all cases, no sampling is allowed on repair, overhaul, and industrial components. Inspection requirements identified by engineering drawing or specification that conflict with this Clause shall be reported immediately to the Peraton technical authority for clarification and action. When critical items, including key characteristics, have been identified, the Seller shall ensure they are monitored and controlled as required by the Quality Process Plan. All work in progress including, but not limited to, work performed by Seller’s standard specifications sub-tier Sellers shall be subject to such inspection and tests apply as Purchaser may direct. Inspections and tests may include verification of documentation, inspection of material or services, witnessing re-inspection or re-test of a selected sample, or physical inspection/testing of the product in question to all ordersdetermine contract compliance. All charges for Purchaser, customer quality assurance representatives, may perform such inspections or and tests not regularly furnished are for Purchaser’s account. Any inspection by Purchaser of Equipment on Seller’s 's or Seller's sub-tier Sellers premises, in which case the Seller and their sub-tier Sellers shall furnish, at no additional charge, facilities, personnel, equipment, and assistance for safe and convenient inspections and test as required by the inspectors. For orders requiring inspection at the Seller's premises or Seller's sub tier, the Seller shall be scheduled contact the purchaser's quality control representative in advance to allow timely inspection. Similarly, orders requiring GQA, the Seller shall make arrangements promptly with the Quality Assurance Representative (QAR) so that appropriate inspection can be accomplished prior to release of items. All inspections and tests shall be performed in such manner as not to delay the work. Where first article inspection is required, the first article inspection report shall be provided before or at minimum as the Peraton representative performs inspection during normal working hourstheir first visit. If A copy of the order provides for factory acceptance testingPeraton, Seller customer, or government witnessed inspection report signed by Peraton, customer, or government representative shall notify Purchaser when Seller will conduct such testing prior be included to Peraton along with the shipment. Unless Purchaser states specific objections in writing within ten (10) days after completion of factory acceptance testing, completion of the acceptance test constitutes Purchaser's factory acceptance of the Equipment and its authorization for shipment. Goods not subject to factory inspection are deemed to be accepted by Purchaser unless Purchaser provides Seller written notice to the contrary specifying the non-conformance within twenty-four (24) hours of delivery. Thereafter, Purchaser will be deemed to have waived any right to reject the goods. Purchaser’s acceptance is irrevocable. Seller may examine on Purchaser's premises goods that Purchaser claims are nonconforming. Seller may impose charges to reimburse it for its costs if it finds Purchaser’s claim is unsupported or for rescreening conforming goods. No goods may be returned to Seller unless Customer has first received Seller’s return material authorization number and complied with Xxxxxx’s instructions. Seller Peraton reserves the right to modify its processwaive source inspection. Process documents shall identify the inspection status of the part(s) being produced for conformance or non-conformance with regards to inspection and tests performed. The system shall assure that only product that has passed the required inspections and tests are advanced, materialsused, or installed. Peraton must provide Seller release in writing for product production upon completed and specifications for goodsPeraton’s acceptance and approval of completed measurement and monitoring activities. If it is subsequently found that the product does not meet requirements, the Seller shall immediately stop production and identify root cause and corrective actions to substitute goods substantially equivalent to those ordered or manufactured to the modified specifications. Purchaser is solely responsible for testing all goods to determine suitability for its needsresolve.

Appears in 1 contract

Samples: Entire Agreement

Inspection and Testing. Seller’s standard specifications and tests apply to all orders. All charges for inspections or tests not regularly furnished are for Purchaser’s account. Any inspection by Purchaser of Equipment on Seller’s premises shall be scheduled in advance to be performed during normal working hours. If the order provides for factory acceptance testing, Seller shall notify Purchaser when Seller will conduct such testing prior to shipment. Unless Purchaser states specific objections in writing within ten (10) days after completion of factory acceptance testing, completion of the acceptance test constitutes Purchaser's factory acceptance of the Equipment and its authorization for shipment. Goods not subject to factory inspection are deemed to be accepted by Purchaser unless Purchaser provides Seller written notice to the contrary specifying the non-conformance within twenty-four (24) hours of delivery. Thereafter, Purchaser will be deemed to have waived any right to reject the goods. Purchaser’s acceptance is irrevocable. Seller may examine on Purchaser's premises goods that Purchaser claims are nonconforming. Seller may impose charges to reimburse it for its costs if it finds Purchaser’s claim is unsupported or for rescreening conforming goods. No goods may be returned to Seller unless Customer has first received Seller’s return material authorization number and complied with XxxxxxSeller’s instructions. Seller reserves the right to modify its process, materials, and specifications for goods, and to substitute goods substantially equivalent to those ordered or manufactured to the modified specifications. Purchaser is solely responsible for testing all goods to determine suitability for its needs.

Appears in 1 contract

Samples: www.ppcinsulators.com

AutoNDA by SimpleDocs

Inspection and Testing. SellerProducts purchased pursuant to this Agreement shall be subject to initial inspection, testing, and acceptance or non-acceptance by BUYER, which shall occur within thirty (30) days of final test. SUPPLIER shall perform First Article Inspection (FAI). BUYER’s standard specifications and tests apply to quality assurance personnel (“BUYER Quality Assurance”) may approve the Product for production, disapprove the Product for production or require immediate corrective action for all ordersthe non-conformances found during the FAI. All charges BUYER may have the SUPPLIER approve or disapprove the Product for inspections or tests not regularly furnished are for Purchaserproduction with BUYER’s accountauthorization. Any inspection by Purchaser of Equipment on Seller’s premises non-conformances shall be scheduled corrected within the time periods determined by BUYER. SUPPLIER will manufacture the Products in advance accordance with the quality requirements, standards and expectations as set forth in the Specifications, and as otherwise mutually agreed upon by the parties in writing. SUPPLIER will not ship any Product to BUYER which is not in conformance with the Specifications, and shall provide certification with such Product shipment of such shipment’s conformity to the foregoing. SUPPLIER agrees that it will perform testing and inspection of the Product as mutually agreed upon by the parties in writing prior to the delivery, pack out or distribution of the Products. The testing and inspection procedures shall be documented in the Quality Control Plan. Containment of defective Product either in work in progress (“WIP”) or packed and waiting for shipment shall begin immediately after the discovery of a defective Product. Should Products or SUPPLIER’s processes be found to be performed during normal working hoursnon-conforming, SUPPLIER shall notify BUYER Quality Assurance and withhold shipping Product until such non-conformance is resolved. If SUPPLIER shall be wholly responsible for Products that fail to meet the order provides for factory acceptance criteria and/or Specifications. In addition to the foregoing, all deliveries of Products are subject to, at BUYER’s option, BUYER’s inspection and testing, Seller shall notify Purchaser when Seller will conduct such testing prior to shipmentbefore final acceptance by BUYER. Unless Purchaser states specific objections in writing BUYER may inspect any Product within ten thirty (1030) days after completion receipt of factory acceptance testing, completion of such Products and may reject any Product that fails to meet the acceptance test constitutes Purchaser's factory acceptance of Specifications. BUYER has the Equipment and its authorization for shipment. Goods not subject to factory inspection are deemed to be accepted by Purchaser unless Purchaser provides Seller written notice to the contrary specifying the non-conformance within twenty-four (24) hours of delivery. Thereafter, Purchaser will be deemed to have waived any right to reject the goodsorder in whole or in part during such thirty (30) day period. Purchaser’s acceptance is irrevocableTo reject a Product, BUYER will, within such thirty (30) day period, notify SUPPLIER in writing of its rejection and request a Return Material Authorization (“RMA”) number. Seller may examine on Purchaser's premises goods that Purchaser claims are nonconforming. Seller may impose charges to reimburse it for its costs if it finds Purchaser’s claim is unsupported or for rescreening conforming goods. No goods may be returned to Seller unless Customer has first received Seller’s return material authorization number and complied with Xxxxxx’s instructions. Seller reserves the right to modify its process, materials, and specifications for goods, and to substitute goods substantially equivalent to those ordered or manufactured to the modified specifications. Purchaser is solely responsible for testing all goods to determine suitability for its needs.MANUFACTURING AND PURCHASE AGREEMENT

Appears in 1 contract

Samples: Manufacturing and Purchase Agreement (Oclaro, Inc.)

Inspection and Testing. SellerThe Contractor shall conduct all tests required to ensure that the equipment and material furnished shall conform to the relevant standards/ Manufacturer’s standard specifications practice. Commissioning checks, load test and overload test shall be conducted in the Manufacturer’s shop as per approved procedure and QAP in presence of P urchaser’s representative.  All the crane components and materials used in manufacturing the crane shall be subjected to testing as per the manufacturer’s standard QAP. However major components and materials used to manufacture various assemblies shall be t ested as per the approved QAP. Contractor shall prepare a QAP inline with the indicative QAP attached in Annexure–1 suiting to their manufacturing procedure and shall obtain the purchasers approval before start of manufacturing.  Inspection to be carried ou t as per approved QAP. Supplier shall prepare QAP based on the indicative QAP attached as Annexure-1, for approval of purchaser.  Manufacturing, fabrication, NDT and shop test procedures to be submitted for approval.  The Purchaser’s representative shall be given full access to the shop in which the equipment is being manufactured or tested and all test records shall be made available to Purchaser. A final inspection will be done by the Purchaser’s representative before the dispatch of the equipment. Final tests apply of the complete units shall be carried out in the presence of the Purchaser’s representative. If not otherwise specified in Indicative QAP, the inspection and testing requirements described in this section shall hold good. Else, enclosed Indicative QAP shall govern.  The Supplier shall provide the facility for inspection to ensure that quality of workmanship in his works and of his Sub -Contractor, complies with drawings, identity and acceptability of all ordersmaterials, parts and equipment. He shall cond uct all tests required as per approved QAP to ensure that the equipment and material furnished conforms to the requirements of the approved QAP. All charges for inspections or tests not regularly furnished are for Purchaser’s account. Any inspection and test procedure proposed by Purchaser of Equipment on Seller’s premises the Manufacturer shall be scheduled submitted to the Purchaser for his prior ap proval. The Purchaser shall be notified well in advance to be performed during normal working hours. If the order provides for factory acceptance testing, Seller shall notify Purchaser when Seller will conduct such testing prior to shipment. Unless Purchaser states specific objections in writing within ten (10) days after completion of factory acceptance testing, completion of the acceptance test constitutes Purchaser's factory acceptance inspection requirement as per QAP, particularly for hold points/ witness points.  All material used for manufacture of the Equipment and its authorization for shipmentequipment covered under this specification shall be of tested quality. Goods not subject to factory inspection are deemed to Relevant test certificates shall be accepted by Purchaser unless Purchaser provides Seller written notice made available to the contrary specifying Purchaser before the non-conformance within twenty-four (24) hours final shop inspection. In case the relevant correlating test certificates are not available, the Supplier shall arrange to carry out the necessary tests required as per the QA P at his cost. Parts found unsatisfactory as to workmanship or material, shall be removed by the Contractor and replaced by parts which are satisfactory.  No welding or repairs shall be carried out without prior permission of deliverythe Purchaser. ThereafterCommissioning c hecks, Purchaser will load test and over load test shall be deemed to have waived any right to reject conducted in shop for each of the goodshoists in accordance with relevant approved procedure. Purchaser’s acceptance is irrevocable After all the individual cranes components are cleared by NPCIL QA, the Contractor shall arrange for crane complete assemb ly and shall conduct the following tests. Seller may examine on Purchaser's premises goods that Purchaser claims are nonconforming. Seller may impose charges to reimburse it for its costs if it finds Purchaser’s claim is unsupported The long travel in full/ partial and span including the splice joint shall be erected either indoor or for rescreening conforming goods. No goods outdoor as may be returned to Seller unless Customer has first received Seller’s return material authorization number convenient.  Shop tests for ensuring proper functioning of machinery and complied components, shall be conducted as per approved procedure.  The deflection of the girder shall not be more than span/ 900 at rated load. The Contractor shall also carry out performance tests for the following.  Speed, current, voltage and wattage shall be recorded for individual mo tions at no load, full load and shall be recorded in the format of approved load test procedure.  Functional test of control panel by simulating working conditions.  Insulation resistance test.  High voltage at 2.5 KV for one minute.  After Installation of the crane with Xxxxxx’s instructions. Seller reserves all components including limit switches and Installation of rail at site, manufacturer shall perform load test, performance test and over load test for the right to modify its process, materials, and specifications for goods, and to substitute goods substantially equivalent to those ordered or manufactured to the modified specifications. Purchaser is solely responsible for testing all goods to determine suitability for its needscrane.

Appears in 1 contract

Samples: npcil.etenders.in

Inspection and Testing. Seller’s standard specifications Once the Goods have been installed and tests apply to all orders. All charges for inspections or tests not regularly furnished are for Purchaser’s account. Any inspection by Purchaser of Equipment on Seller’s premises commissioned, the Supplier shall be scheduled in advance to be performed during normal working hours. If inform the order provides for factory acceptance testing, Seller shall notify Purchaser when Seller will conduct such testing prior to shipment. Unless Purchaser states specific objections Authority in writing that the Goods are ready for use. The following process will then apply: within ten five (105) days after completion Business Days of factory acceptance testingreceipt of such written confirmation from the Supplier that the Goods are ready to use, completion the Authority may carry out any such reasonable inspections and testing of the acceptance test constitutes Purchaser's factory acceptance Goods as the Authority deems appropriate (in accordance with the relevant manufacturers’ technical manuals relating to the Goods and/or as otherwise set out in the Specification and Tender Response Document and/or as otherwise agreed by the Parties in writing) to confirm that the Goods comply with the requirements of this Contract and are ready for use; as part of the Equipment Contract Price, the Supplier shall provide the Authority with all reasonable assistance and/or information requested by the Authority in relation to any such reasonable inspections and its authorization testing of the Goods; if the Authority on inspection and testing is of the view that the Goods have been supplied, installed and commissioned (as appropriate) in conformance with the requirements of this Contract and are ready for shipment. Goods not subject use, it shall issue an Authority Confirmation to factory inspection are deemed to be accepted by Purchaser unless Purchaser provides Seller written notice this effect to the contrary specifying Supplier; if the non-Authority on inspection and testing is not of the view that the Goods have been supplied, installed and commissioned (as appropriate) in conformance within twenty-four (24) hours with the requirements of delivery. Thereafterthis Contract and are ready for use, Purchaser will it shall inform the Supplier in writing and Clauses 2.3 and 2.4 of this Schedule 7 shall apply; and if the Authority chooses not to inspect and/or test the Goods, then the Authority shall be deemed to have waived provided an Authority Confirmation in relation to such Goods on the sixth (6th) Business Day following receipt by the Authority of the written confirmation from the Supplier in accordance with Clause 2.1.1 of this Schedule 7 that the Goods are ready to use. The issue by the Authority of any right Authority Confirmation shall be a confirmation that the correct Goods appear to reject have been supplied and reasonable installation and commissioning procedures look to have been followed by the goodsSupplier in accordance with the requirements and standards of this Contract. Purchaser’s It does not imply any acceptance is irrevocableof such Goods or any endorsement of such installation and commissioning procedures. Seller may examine on Purchaser's premises goods that Purchaser claims Responsibility for supplying the Goods in accordance with the requirements and standards of the Contract and the appropriateness of any installation and commissioning procedures shall remain with the Supplier notwithstanding any such Authority Confirmation. Without prejudice to any other rights and remedies of the Authority under this Contract, in relation to any failure by the Supplier to supply, install or commission the correct Goods in accordance with the requirements and standards of this Contract, the Supplier shall, at its own expense as part of the Contract Price, forthwith re-supply, re-install and/or re-commission the Goods until such time as Goods in compliance with the requirements of this Contract are nonconformingdelivered, installed, and commissioned to the reasonable satisfaction of the Authority and the Authority has provided an Authority Confirmation to the Supplier to this effect. Seller may impose charges to reimburse it for its costs if it finds Purchaser’s claim is unsupported or for rescreening conforming goods. No goods The Contract Price payable by the Authority under this Contract may be returned withheld by the Authority in full or part (to Seller unless Customer has first received Sellerbe determined at the Authority’s return material authorization number sole discretion) until the Goods are supplied, installed and complied commissioned in accordance with Xxxxxx’s instructions. Seller reserves the right to modify its process, materials, requirements and specifications for goods, and to substitute goods substantially equivalent to those ordered or manufactured standards of this Contract to the modified specificationsreasonable satisfaction of the Authority and the Authority has provided its Authority Confirmation to this effect. Purchaser is solely responsible In the event of any Dispute between the Authority and the Supplier regarding the issue of an Authority Confirmation, the Dispute shall be dealt with in accordance with the Dispute Resolution Procedure. In the event that the Specification and Tender Response Document states that Goods shall be installed and commissioned on a phased basis and/or upon request, then the process for the inspection and testing all goods of Goods set out in Clauses 2.1 to determine suitability 2.4 (inclusive) of this Schedule 7 shall apply to the Goods within each phase and/or instance of supply. In the event that the Specification and Tender Response Document stipulates a refresh programme and/or that substitute or replacement Goods shall otherwise be installed in accordance with the requirements of this Contract (to include, without limitation, in connection with any Maintenance Services), then, following the installation and commissioning of the replacement Goods, the process for its needsthe inspection and testing of Goods set out in Clauses 2.1 to 2.4 (inclusive) of this Schedule 7 shall apply in relation to the inspection and testing of any substitute or replacement Goods.

Appears in 1 contract

Samples: NHS Terms And

Inspection and Testing. Seller’s standard specifications Once the Goods have been installed and tests apply to all orders. All charges for inspections or tests not regularly furnished are for Purchaser’s account. Any inspection by Purchaser of Equipment on Seller’s premises commissioned, the Supplier shall be scheduled in advance to be performed during normal working hours. If inform the order provides for factory acceptance testing, Seller shall notify Purchaser when Seller will conduct such testing prior to shipment. Unless Purchaser states specific objections Authority in writing that the Goods are ready for use. The following process will then apply: within ten five (105) days after completion Business Days of factory acceptance testingreceipt of such written confirmation from the Supplier that the Goods are ready to use, completion the Authority may carry out any such reasonable inspections and testing of the acceptance test constitutes Purchaser's factory acceptance Goods as the Authority deems appropriate (in accordance with the relevant manufacturers’ technical manuals relating to the Goods and/or as otherwise set out in the Specification and Tender Response Document and/or as otherwise agreed by the Parties in writing) to confirm that the Goods comply with the requirements of this Contract and are ready for use; as part of the Equipment Contract Price, the Supplier shall provide the Authority with all reasonable assistance and/or information requested by the Authority in relation to any such reasonable inspections and its authorization testing of the Goods; if the Authority on inspection and testing is of the view that the Goods have been supplied, installed and commissioned (as appropriate) in conformance with the requirements of this Contract and are ready for shipment. Goods not subject use, it shall issue an Authority Confirmation to factory inspection are deemed to be accepted by Purchaser unless Purchaser provides Seller written notice this effect to the contrary specifying Supplier; if the non-Authority on inspection and testing is not of the view that the Goods have been supplied, installed and commissioned (as appropriate) in conformance within twenty-four (24) hours with the requirements of delivery. Thereafterthis Contract and are ready for use, Purchaser will it shall inform the Supplier in writing and Clauses 2.3 and 2.4 of this Schedule 8 shall apply; and if the Authority chooses not to inspect and/or test the Goods, then the Authority shall be deemed to have waived provided an Authority Confirmation in relation to such Goods on the sixth (6th) Business Day following receipt by the Authority of the written confirmation from the Supplier in accordance with Clause 2.1.1 of this Schedule 8 that the Goods are ready to use. The issue by the Authority of any right Authority Confirmation shall be a confirmation that the correct Goods appear to reject have been supplied and reasonable installation and commissioning procedures look to have been followed by the goodsSupplier in accordance with the requirements and standards of this Contract. Purchaser’s It does not imply any acceptance is irrevocableof such Goods or any endorsement of such installation and commissioning procedures. Seller may examine on Purchaser's premises goods that Purchaser claims Responsibility for supplying the Goods in accordance with the requirements and standards of the Contract and the appropriateness of any installation and commissioning procedures shall remain with the Supplier notwithstanding any such Authority Confirmation. Without prejudice to any other rights and remedies of the Authority under this Contract, in relation to any failure by the Supplier to supply, install or commission the correct Goods in accordance with the requirements and standards of this Contract, the Supplier shall, at its own expense as part of the Contract Price, forthwith re-supply, re-install and/or re-commission the Goods until such time as Goods in compliance with the requirements of this Contract are nonconformingdelivered, installed, and commissioned to the reasonable satisfaction of the Authority and the Authority has provided an Authority Confirmation to the Supplier to this effect. Seller may impose charges to reimburse it for its costs if it finds Purchaser’s claim is unsupported or for rescreening conforming goods. No goods The Contract Price payable by the Authority under this Contract may be returned withheld by the Authority in full or part (to Seller unless Customer has first received Sellerbe determined at the Authority’s return material authorization number sole discretion) until the Goods are supplied, installed and complied commissioned in accordance with Xxxxxx’s instructions. Seller reserves the right to modify its process, materials, requirements and specifications for goods, and to substitute goods substantially equivalent to those ordered or manufactured standards of this Contract to the modified specificationsreasonable satisfaction of the Authority and the Authority has provided its Authority Confirmation to this effect. Purchaser is solely responsible In the event of any dispute between the Authority and the Supplier regarding the issue of an Authority Confirmation, the dispute shall be dealt with in accordance with the Dispute Resolution Procedure. In the event that the Specification and Tender Response Document states that Goods shall be installed and commissioned on a phased basis and/or upon request, then the process for the inspection and testing all goods of Goods set out in Clauses 2.1 to determine suitability 2.4 (inclusive) of this Schedule 8 shall apply to the Goods within each phase and/or instance of supply. In the event that the Specification and Tender Response Document stipulates a refresh programme and/or that substitute or replacement Goods shall otherwise be installed in accordance with the requirements of this Contract (to include, without limitation, in connection with any Maintenance Services), then, following the installation and commissioning of the replacement Goods, the process for its needsthe inspection and testing of Goods set out in Clauses 2.1 to 2.4 (inclusive) of this Schedule 8 shall apply in relation to the inspection and testing of any substitute or replacement Goods.

Appears in 1 contract

Samples: NHS Terms and Conditions

Inspection and Testing. Seller’s standard specifications and tests apply to all orders. All charges for inspections or tests not regularly furnished are for Purchaser’s account. Any inspection by Purchaser of Equipment on Seller’s premises shall be scheduled in advance to be performed during normal working hours. If the order provides for factory acceptance testing, Seller shall notify Purchaser when Seller will conduct such testing prior to shipment. Unless Purchaser states specific objections in writing within ten (10) days after completion of factory acceptance testing, completion of the acceptance test constitutes Purchaser's factory acceptance of the Equipment and its authorization for shipment. Goods not subject to factory inspection are deemed to be accepted by Purchaser unless Purchaser provides Seller written notice to the contrary specifying the non-conformance within twenty-four (24) hours of delivery. Thereafter, Purchaser will be deemed to have waived any right to reject the goods. Purchaser’s acceptance is irrevocable. Seller may examine on Purchaser's premises goods that Purchaser claims are nonconforming. Seller may impose charges to reimburse it for its costs if it finds Purchaser’s claim is unsupported or for rescreening conforming goods. No goods may be returned to Seller unless Customer has first received Seller’s return material authorization number and complied with Xxxxxx’s instructions. Seller BUYER reserves the right to modify its processreview Seller’s quality assurance and quality control manuals, materialsprocedures, and specifications for goodsproduction operations, any associated documentation, and to substitute goods substantially equivalent inspect and witness Seller’s testing. To this end, BUYER must be granted access to those ordered all parts of Seller’s plant(s) or manufactured Seller’s subcontractor’s plant(s) engaged in the manufacturing or processing of any part of the Goods. The inspection and witnessing of testing by XXXXX’s representatives, the lack thereof, or lack of comment or other response from BUYER’s representative will in no way release Seller from any of Seller’s obligations under the Agreement. Seller must ensure that this term becomes a part of Seller’s purchase orders to subcontractor’s manufacturing or processing any part of the modified specificationsGoods. Purchaser Seller and Seller’s subcontractors must notify BUYER at least five calendar days in advance of the date when any inspection or test can be made. If, for any reason, the date is solely responsible set back, Seller must notify BUYER immediately. Unless otherwise stated, Seller must furnish the status of any engineering, material procurement, production and shipping information every 14 days. Seller and its subcontractors must furnish at their own expense all tools, instruments, apparatus, equipment, utilities, facilities, services and materials necessary for testing all goods carrying out safe and convenient inspections and tests. Notwithstanding any of the foregoing, the making or failure to determine suitability for its needsmake any inspection of the Goods shall in no way impair BUYER’s right to reject defective Goods or Goods that breach any applicable warranty or representation, nor be deemed to constitute acceptance by BUYER of the Goods, nor in any way affect Seller’s obligations under the Agreement. Additionally, Seller must at Seller’s expense furnish to BUYER a reasonable number, per industry standards of samples of any Goods.

Appears in 1 contract

Samples: www.paradigmmetals.com

Time is Money Join Law Insider Premium to draft better contracts faster.