ACCEPTANCE AND REJECTION Sample Clauses
The "Acceptance and Rejection" clause defines the process by which goods, services, or deliverables are reviewed and either approved or refused by the receiving party. Typically, this clause outlines the timeframe for inspection, the criteria for acceptance, and the procedures for notifying the other party of any defects or nonconformities. For example, it may specify that the buyer has ten days to inspect delivered goods and must provide written notice of any rejection within that period. The core function of this clause is to ensure both parties have a clear understanding of how and when acceptance occurs, thereby reducing disputes over the quality or conformity of what is delivered.
POPULAR SAMPLE Copied 39 times
ACCEPTANCE AND REJECTION a. Buyer shall accept the Goods or give Seller notice of rejection or revocation of acceptance (“rejection” herein), notwithstanding any payment, prior test or inspection, or passage of title. No inspection, test, delay or failure to inspect or test or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this contract or impair any rights or remedies of Buyer.
b. If Seller delivers non-conforming Goods, Buyer may at its option and at Seller's expense (i) return the Goods for credit or refund; (ii) require Seller to promptly correct or replace the Goods; (iii) correct the Goods; or (iv) obtain replacement Goods from another source.
c. Seller shall not redeliver corrected or rejected goods without disclosing the former rejection or requirement for correction. Seller shall disclose any corrective action taken. Repair, replacement and other correction and redelivery shall be completed within the original delivery schedule or such later time as ▇▇▇▇▇'s Authorized Procurement Representative may reasonably direct.
d. All costs and expenses and loss of value incurred as a result of or in connection with nonconformance and repair, replacement or other correction may be recovered from Seller by equitable price reduction or credit against any amounts that may be owed to Seller under this contract or otherwise.
ACCEPTANCE AND REJECTION a. Buyer shall accept the Services or give Seller notice of rejection within a reasonable time after the date of delivery. No payment, prior test, inspection, passage of title, any failure or delay in performing any of the foregoing, or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this Contract or impair any rights or remedies of Buyer.
b. If Seller delivers defective or non-conforming Services, Buyer may at its option and at Seller's expense: (i) require Seller to promptly reperform, correct or replace the Services; (ii) correct the Services; or (iii) obtain replacement Services from another source. Return to Seller of defective or non-conforming Services and redelivery to Buyer of corrected or replaced Services shall be at Seller's expense.
c. Seller shall not redeliver corrected or rejected Services without disclosing the former rejection or requirement for correction. Seller shall disclose any corrective action taken. All repair, replacement and other correction and redelivery shall be completed as Buyer may reasonably direct.
ACCEPTANCE AND REJECTION. 2.26.1 Except as otherwise provided in this Section 2.26, Contractor shall not submit an invoice or request for payment (each, a “Request for Payment”) and Contractor shall not be entitled to payment and the City shall have no duty to pay Contractor unless the Director accepts the services and other Deliverables specified in Exhibit “B” and such Request for Payment is issued in conjunction with the issuance of a Task Order in accordance with this Section 2.26.
2.26.2 Contractor shall provide written notice to the Director upon completion or delivery of the services or Deliverables specified in Exhibit “B” and in a Task Order issued by the City. On or before the twentieth (20th) Business Day after the date the Director receives Contractor’s written notice of completion or delivery, the Director shall provide written notice to Contractor stating whether the Director has accepted or rejected the services or Deliverables along with the reason(s) for any rejection. Failure of the Director to provide written notice of acceptance or rejection of any services or Deliverables on or before the 20th Business Day from his receipt of the Contractor’s written notice of completion or delivery does not constitute acceptance or approval of the services or Deliverables by the Director or the City. If the Director fails to provide a written notice of acceptance or rejection by the 20th Business Day from the Director’s receipt of Contractor’s written notice of completion or delivery, Contractor may submit a Request for Payment for the DocuSign Envelope ID: 4C11A77B-6D08-4926-B073-BFAC814F211C services or Deliverables and such Request for Payment shall be subject to the Director’s review, verification, and approval or dispute processes specified in the Payment Terms in Section 3.01 of this Agreement.
2.26.3 Notwithstanding anything to the contrary in this Agreement or elsewhere, the Director may, in his sole discretion, approve in writing a partial acceptance of the services and other Deliverables set forth in Exhibit “B”, if any, and in a Task Order issued by the City.
2.26.4 If the Director rejects any services or Deliverables, in whole or part, Contractor shall have fifteen (15) Business Days after the Director sends written notification of rejection to correct or otherwise replace such services or Deliverables as necessary to conform to the Director’s rejection notice. Contractor’s corrections or replacements for rejected services or Deliverables shall be provided at no ad...
ACCEPTANCE AND REJECTION. NYC Health + Hospitals shall have a reasonable period of time to inspect, test, and reject Goods. Receipt of Goods does not constitute acceptance. Vendor shall remove any rejected Goods at its own expense within a reasonable time after being notified of a rejection. Rejected Goods left longer than thirty days after notice of rejection may be regarded as abandoned (“Abandoned Goods”) and NYC Health + Hospitals may dispose of such Goods at the reasonable cost of Vendor. NYC Health + Hospitals shall not be obligated to sell or resell any Abandoned Goods to minimize Vendor's damages.
ACCEPTANCE AND REJECTION a. Buyer shall accept the Goods or give Seller notice of rejection due to any defect or nonconformance within a reasonable time after the date of delivery. No payment, prior test, inspection, passage of title, any failure or delay in performing any of the foregoing, or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this Contract or impair any rights or remedies of Buyer, including revocation of acceptance.
b. If Seller delivers defective or non-conforming Goods, Buyer may at its option and at Seller's expense: (i) require Seller to promptly correct or replace the Goods; (ii) return the Goods for credit or refund; (iii) correct the Goods; or
ACCEPTANCE AND REJECTION. Jubilant shall be entitled to reject any shipment of Products that fails to conform to the Product Specifications or Packaging Specifications at the time of delivery to Jubilant. Jubilant shall notify Cadista of such rejection within thirty (30) days after delivery of such Products shipment to Jubilant, and shall set forth in such notification the basis under this Agreement for such rejection, including any testing or inspection results, provided, however, that in the event any such non-conformity is latent or was not obvious and could not be readily discovered from a physical inspection of the Products shipment, Jubilant may give written notice to Cadista of its rejection of such shipment within thirty (30) days after Jubilant's discovery of such non-conformance. Failure to so notify Cadista, or failure to identify the basis under this Agreement for rejection of any Product, shall constitute acceptance of such Product, except to the extent the Product fails to conform to the Product Specifications or Packaging Specifications as the case may be. After such failure to notify, Jubilant shall be obligated to make payment for such Product in accordance with pricing provisions of this Agreement. If the parties disagree as to whether any Product meets the Product Specifications or Packaging Specifications and the parties are unable to negotiate a commercially reasonable resolution, then samples and/or batch records, as appropriate, from the disputed shipment shall promptly be submitted for testing and evaluation to an independent Third Party as shall be agreed to in writing by both parties. The determination of such Third Party as to whether the disputed Product shipment meets the Product Specifications or Packaging Specifications shall be final and binding. The cost of the testing and evaluation by the independent third party shall be borne by the party whose position is found to be erroneous. If, pursuant to this Section 3.2, any Products are found not to conform to the Product Specifications or Packaging Specifications, as a result of a cause occurring prior to placement thereof with the carrier (and not arising as a result of the Materials being defective or failing to meet their respective specifications), at Cadista’s option, Jubilant shall either (i) deliver such non-conforming Products to Cadista or (ii) destroy such non-conforming Products in accordance with applicable laws, rules and regulations. Cadista shall reimburse Jubilant for all reasonable cost...
ACCEPTANCE AND REJECTION. This Award Agreement is one of the documents governing the Stock Award, which the Awardee may accept or reject online through the External Administrator’s website. If the Awardee has not rejected the Stock Award by the time of the first vesting event, the Awardee will be deemed to have accepted the Stock Award, and the Shares vested pursuant to the Stock Award will be issued and taxed accordingly.
ACCEPTANCE AND REJECTION. The Department shall have thirty (30) days after the performance of the Services to perform an inspection of the Services to determine whether the Services conform to the standards specified in the Solicitation and this Contract prior to acceptance of the Services by the Department. If Contractor delivers nonconforming Services, the Department may, at its option and at Contractor’s expense: (i) return the Services for a full refund; (ii) require Contractor to promptly correct or re-perform the nonconforming Services subject to the terms of this Contract; or (iii) obtain replacement Services from another source, subject to Contractor being responsible for any cover costs.
ACCEPTANCE AND REJECTION. The Department shall have thirty (30) days after the performance of the Services to perform an inspection of the Services to determine whether the Services conform to the standards specified in the Solicitation and this Contract prior to acceptance of the Services by the Department. If Contractor delivers nonconforming Services, the Department may, at its option and at
ACCEPTANCE AND REJECTION. The State Entity shall have thirty (30) days after delivery of the Services to perform an inspection of the Services to determine whether the Services conform to the standards specified in the Solicitation and this Contract prior to acceptance of the Services by the State Entity. If Contractor delivers nonconforming Services, the State Entity may, at its option and at Contractor’s expense: (i) return the Services for a full refund; (ii) require Contractor to promptly correct or reperform the nonconforming Services subject to the terms of this Contract; or (iii) obtain replacement Services from another source, subject to Contractor being responsible for any cover costs.