Common use of Acceptance and Warranty Clause in Contracts

Acceptance and Warranty. Final acceptance of Goods by Sensata will not be until after arrival at the Sensata facility designated by a Purchase Order, unless otherwise specified herein. Seller warrants that all Goods supplied by Seller under a Purchase Order or Agreement (i) conform to the requirements, specifications, drawings, samples or other descriptions furnished or adopted by Sensata, and (ii) that they are of good material and workmanship, and (iii) free from all defects in manufacture or design if design is not provided by Sensata, and (iv) are of merchantable quality and fit for their intended purpose, and (vi) new, and (vii) free from all liens and encumbrances on title. Such warranties by Seller shall run to the benefits of Sensata, its employees and purchasers from Sensata. Sensata’s approval of designs furnished by Seller shall not relieve Seller of its obligation under this warranty. Seller’s warranty shall be effective for a period of four (4) years from the date of acceptance of Goods by Sensata, or for such longer period as specified by Sensata. All Goods returned to Seller for breach of warranty hereunder shall be at Seller’s expense, including expenses and penalties incurred by Sensata in recalling such Goods which have been delivered to Sensata’s customers and expense of redelivery. Seller will make process control data, inspection and test reports covering the Goods and their parts available for review and subject to examination by Sensata or its authorized representative to verify conformance to such applicable specifications and drawings. However, a certificate of conformance must accompany individual shipments when so specified on applicable drawings, or on the Purchase Order. Any Goods not accepted by Sensata may be returned to Seller at Seller’s expense for full credit of the purchase price. Inspection may be performed at Sensata’s option on a statistical sampling basis. The entire lot may be rejected based on defects revealed by such sampling. At Sensata’s option, the rejected lot will be either returned to the Seller for replacement (via expedited freight at Seller’s expense) or credit or 100% screened by Sensata with cost of screening paid by Seller. The initial inspection performed at Sensata upon receipt of Goods is a conditional acceptance, and shall not waive the right of Sensata to return to Seller Goods which exhibit or develop defects due to latent causes during or after installation or testing of the end product. The foregoing remedies are in addition to, and not in lieu of any remedies available to Sensata.

Appears in 2 contracts

Samples: www.webmail.sensata.jobs, www.gigavac.com

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Acceptance and Warranty. Final acceptance of Goods material by Sensata Xxxxx will not be until after its arrival at the Sensata Buyer’s facility designated by a Purchase Orderfrom which this order originates, unless otherwise specified herein. Seller warrants that all Goods articles, material and work supplied by Seller under a Purchase Order or Agreement (i) this order conform to the requirements, specifications, drawings, samples or other descriptions furnished or adopted by Sensata, Buyer and (ii) that they are of good material and workmanship, workmanship and (iii) free from all defects in manufacture or design if design is not provided by Sensatadesign, and (iv) are of merchantable quality and fit for their intended purpose, and (vi) new, and (vii) free from all liens and encumbrances on title. Such warranties by Seller shall run to the benefits of Sensatathe Buyer, its employees and purchasers purchaser’s from SensataBuyer. SensataBuyer’s approval of designs furnished by Seller shall not relieve Seller of its obligation under this warranty. Seller’s warranty shall be effective for a period of four (4) years time as set forth on the face of this purchase order. If no such schedule is set forth on the face of this purchase order, the warranty shall be effective for a period of one year from the date of acceptance of Goods goods by SensataBuyer, or for such longer period as specified by SensataSeller. All Goods articles and material returned to Seller for breach of warranty hereunder shall be at Seller’s expense, including expenses and penalties incurred by Sensata Xxxxx in recalling such Goods articles and materials which have been delivered to SensataBuyer’s customers and expense of redelivery. Seller agrees that shipment of materials against this P.O. constitutes certification that all articles or goods included in this shipment conform in all respect to the applicable requirements, specifications, and drawings. Seller will make process control data, inspection inspection, and test reports covering the Goods articles or goods and their parts available for review and subject to examination by Sensata Buyer or its authorized representative to verify conformance to such applicable specifications and drawings. However, a certificate of conformance must accompany individual shipments when so specified on applicable drawings, or on the Purchase Orderfront of this purchase order. Any Goods articles or materials not accepted by Sensata Buyer may be returned to Seller at Seller’s expense for full credit of the purchase price. Inspection may be performed at SensataBuyer’s option on a statistical sampling basis. The entire lot may be rejected based on defects defeats revealed by such sampling. At SensataBuyer’s option, the rejected lot will be either returned to the Seller for replacement (via expedited freight at Seller’s expense) or credit or 100% 100 screened by Sensata buyer with cost of screening paid by Seller. The initial inspection performed at Sensata upon KRAIBURG TPE Corp. on receipt of Goods material is a conditional acceptance, and shall not waive the right of Sensata the buyer to return material to Seller Goods which exhibit exhibits or develop develops defects due to latent causes during or after installation or testing of the end product. The foregoing remedies are in addition to, and not in lieu of any remedies available to Sensata.

Appears in 1 contract

Samples: www.kraiburg-tpe.com

Acceptance and Warranty. Final acceptance of Goods material by Sensata EMS will not be until after arrival at the Sensata EMS facility designated by a Purchase Orderfrom which this order originates, unless otherwise specified herein. Seller warrants that all Goods articles, material and work supplied by Seller under a Purchase Order or Agreement (i) this order conform to the requirements, specifications, drawings, samples or other descriptions furnished or adopted by Sensata, EMS and (ii) that they are of good material and workmanship, workmanship and (iii) free from all defects in manufacture or design if design is not provided by Sensatadesign, and (iv) are of merchantable quality and fit for their intended purpose, and (vi) new, and (vii) free from all liens and encumbrances on title. Such warranties by Seller shall run to the benefits of SensataEMS, its employees and purchasers purchaser’s from SensataEMS. SensataEMS’s approval of designs furnished by Seller shall not relieve Seller of its obligation under this warranty. Seller’s warranty shall be effective for a period of four (4) years time as set forth on the face of this purchase order. If no such schedule is set forth on the face of this purchase order, the warranty shall be effective for a period of one year from the date of acceptance of Goods goods by SensataEMS, or for such longer period as specified by SensataSeller. All Goods articles and material returned to Seller for breach of warranty hereunder shall be at Seller’s expense, including expenses and penalties incurred by Sensata EMS in recalling such Goods articles and materials which have been delivered to SensataEMS’s customers and expense of redelivery. Seller agrees that shipment of materials against this P.O. constitutes certification that all articles or goods included in this shipment conform in all respect to the applicable requirements, specifications, and drawings. Seller will make process control data, inspection inspection, and test reports covering the Goods articles or goods and their parts available for review and subject to examination by Sensata EMS or its authorized representative to verify conformance to such applicable specifications and drawings. However, a certificate of conformance must accompany individual shipments when so specified on applicable drawings, or on the Purchase Orderfront of this purchase order. Any Goods articles or materials not accepted by Sensata EMS may be returned to Seller at Seller’s expense for full credit of the purchase price. Inspection may be performed at SensataEMS’s option on a statistical sampling basis. The entire lot may be rejected based on defects defeats revealed by such sampling. At SensataEMS’s option, the rejected lot will be either returned to the Seller for replacement (via expedited freight at Seller’s expense) or credit or 100% screened by Sensata EMS with cost of screening paid by Seller. The initial inspection performed at Sensata upon EMS on receipt of Goods material is a conditional acceptance, and shall not waive waiver the right of Sensata EMS to return material to Seller Goods which exhibit exhibits or develop develops defects due to latent causes during or after installation or testing of the end product. The foregoing remedies Seller shall preserve all special drawings, dies, patterns, tooling or other items supplied or paid for by EMS in good condition; and they are in addition tothe property of EMS unless otherwise specified, and not the same such items shall be returned in lieu good condition when the work on the order has been completed or terminated, or at any other time as requested by EMS. No special drawing, die, pattern, tool or other item supplied by EMS I or made by Seller for the use of or delivery to EMS, or for use by Seller in supplying EMS, shall be used by Seller for any remedies available purpose other than supplying EMS, without Sellers first obtaining the written consent of EMS thereto, provided, however, that if the U.S. Government has rights in such items under a prime contract with EMS, noninterfering use of the items for direct sales to Sensatathe Government is authorized if written notice is provided to EMS prior to such use. If material, equipment, special drawings, dies, patterns, or other items are furnished by EMS for performance of this purchase order, all risk of loss thereof or damage thereto shall be upon Seller from the time of shipment to Seller until redelivery to and receipt by EMS.

Appears in 1 contract

Samples: www.emsclad.com

Acceptance and Warranty. Final acceptance of Goods material and products by Sensata Buyer will not be until after arrival at the Sensata Buyer’s facility designated by a Purchase Orderfrom which this Order originates, unless otherwise specified herein. Seller warrants that all Goods articles, material and work supplied by Seller under a Purchase this Order or Agreement (i) conform to the requirements, specifications, drawings, samples samples, or other descriptions furnished or adopted by Sensata, Buyer and (ii) that they are of good material and workmanship, workmanship and (iii) free from all defects in manufacture or design if design is not provided by Sensata, and (iv) are of merchantable quality and fit for their intended purposepurchase for the forty-eight (48) month period following Seller’s shipment to and acceptance by Buyer. In addition to any express or implied warranties, Seller warrants that the product will be new and (vi) new, and (vii) free from all liens and encumbrances on titleunused. Such warranties by Seller shall run to the benefits benefit of Sensatathe Buyer, its employees and purchasers from Sensatacustomers. SensataBuyer’s approval of designs furnished provided by Seller shall not relieve Seller of its obligation under this warranty. Seller’s warranty shall be effective for a period of four (4) years from the date of acceptance of Goods by Sensata, or for such longer period as specified by Sensata. All Goods returned to Seller for breach of warranty hereunder shall be at Seller’s expense, including expenses and penalties incurred by Sensata in recalling such Goods which have been delivered to Sensata’s customers and expense of redelivery. Seller will make process control data, inspection and test reports covering the Goods articles or goods and their parts available for review and subject to examination by Sensata the Buyer or its authorized representative representative(s) to verify conformance to such applicable specifications and drawings. However, a certificate Certificate of conformance Conformation must accompany individual shipments when so specified on applicable drawings, or on the Purchase front of this Order. Any Goods not accepted by Sensata may be returned In addition to the foregoing, Seller at further warrants that the product, Seller’s expense for full credit business (including its manufacturing, operating and hiring processes) and the product documentation complies with all international, national, federal, state and local ordinances, rules and regulations (including but not limited to the Fair Labor Standards Act of the purchase price. Inspection may be performed at Sensata’s option on a statistical sampling basis. The entire lot may be rejected based on defects revealed by such sampling. At Sensata’s option1938, as amended, the rejected lot will be either returned to Occupational Safety and Health Act of 1970, the Seller for replacement (via expedited freight at Seller’s expense) or credit or 100% screened by Sensata with cost Toxic Substances Control Act of screening paid by Seller. The initial inspection performed at Sensata upon receipt 1976 and the National Traffic and Motor Vehicle Act of Goods is a conditional acceptance1966, as amended, the Foreign Corrupt Practices Act of 1977, as amended, and shall not waive the right of Sensata to return to Seller Goods which exhibit or develop defects due to latent causes during or after installation or testing all regulations of the end productFood and Drug Administration, the Federal Acquisition Regulation and any similar law outside the United States, as such laws have been amended, modified, or implemented and that the manufacture and sale of the product purchased under this Order complies with all laws. The foregoing remedies are in addition toSeller further warrants the accuracy of all product documentation it provides to Buyer, including but not limited to custom related documents and not in lieu of any remedies available to SensataMSDS and safety related documents.

Appears in 1 contract

Samples: Terms and Conditions of Purchase

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Acceptance and Warranty. Final acceptance of Goods by Sensata will not be until after arrival at the Sensata facility designated by a Purchase Order, unless otherwise specified herein. Seller warrants that all Goods supplied by Seller under a Purchase Order or Agreement (i) conform to the requirements, specifications, drawings, samples or other descriptions furnished or adopted by Sensata, and (ii) that they are of good material and workmanship, and (iii) free from all defects in manufacture or design if design is not provided by Sensata, and (iv) are of merchantable quality and fit for their intended purpose, and (vi) new, and (vii) free from all liens and encumbrances on title. Such warranties by Seller shall run to the benefits of Sensata, its employees and purchasers from Sensata. Sensata’s approval of designs furnished by Seller shall not relieve Seller of its obligation under this warranty. Seller’s warranty shall be effective for a period of four 1 (41) years year from the date of acceptance of Goods by Sensata, except to the extent that a manufacturer’s warranty provides for a long term for any related subcomponent of Goods, or for such longer period as specified by Sensatamutually agreed upon between the parties. All Goods returned to Seller for breach of warranty hereunder shall be at Seller’s expense, including expenses and penalties incurred by Sensata in recalling such Goods which have been delivered to Sensata’s customers and expense of redelivery. Seller will make process control data, inspection and test reports covering the Goods and their parts available for review and subject to examination by Sensata or its authorized representative to verify conformance to such applicable specifications and drawings. However, a certificate of conformance must accompany individual shipments when so specified on applicable drawings, or on the Purchase Order. Any Goods not accepted by Sensata may be returned to Seller at Seller’s expense for full credit of the purchase price. Inspection may be performed at Sensata’s option on a statistical sampling basis. The entire lot may be rejected based on defects revealed by such sampling. At Sensata’s option, the rejected lot will be either returned to the Seller for replacement (via expedited freight at Seller’s expense) or credit or 100% screened by Sensata with cost of screening paid by Seller. .. The initial inspection performed at Sensata upon receipt of Goods is a conditional acceptance, and shall not waive the right of Sensata to return to Seller Goods which exhibit or develop defects due to latent causes during or after installation or testing of the end product. installation.. The foregoing remedies are in addition to, and not in lieu of any remedies available to Sensata.

Appears in 1 contract

Samples: www.sensata.com

Acceptance and Warranty. Final acceptance of Goods by Sensata Xxxxxx will not be until after arrival at the Sensata Xxxxxx facility designated by a Purchase Order, unless otherwise specified herein. Seller warrants that all Goods supplied by Seller under a Purchase Order or Agreement (i) conform to the requirements, specifications, drawings, samples or other descriptions furnished or adopted by SensataXxxxxx, and (ii) that they are of good material and workmanship, and (iii) free from all defects in manufacture or design if design is not provided by SensataXxxxxx, and (iv) are of merchantable quality and fit for their intended purpose, and (vi) new, and (vii) free from all liens and encumbrances on title. Such warranties by Seller shall run to the benefits of SensataXxxxxx, its employees and purchasers from SensataXxxxxx. Sensata’s Xxxxxx’x approval of designs furnished by Seller shall not relieve Seller of its obligation under this warranty. Seller’s warranty shall be effective for a period of four (4) years from the date of acceptance of Goods by SensataXxxxxx, or for such longer period as specified by SensataXxxxxx. All Goods returned to Seller for breach of warranty hereunder shall be at Seller’s expense, including expenses and penalties incurred by Sensata Xxxxxx in recalling such Goods which have been delivered to Sensata’s Xxxxxx’x customers and expense of redelivery. Seller will make process control data, inspection and test reports covering the Goods and their parts available for review and subject to examination by Sensata Xxxxxx or its authorized representative to verify conformance to such applicable specifications and drawings. However, a certificate of conformance must accompany individual shipments when so specified on applicable drawings, or on the Purchase Order. Any Goods not accepted by Sensata Xxxxxx may be returned to Seller at Seller’s expense for full credit of the purchase price. Inspection may be performed at Sensata’s Xxxxxx’x option on a statistical sampling basis. The entire lot may be rejected based on defects revealed by such sampling. At Sensata’s Xxxxxx’x option, the rejected lot will be either returned to the Seller for replacement (via expedited freight at Seller’s expense) or credit or 100% screened by Sensata Xxxxxx with cost of screening paid by Seller. The initial inspection performed at Sensata Xxxxxx upon receipt of Goods is a conditional acceptance, and shall not waive the right of Sensata Xxxxxx to return to Seller Goods which exhibit or develop defects due to latent causes during or after installation or testing of the end product. The foregoing remedies are in addition to, and not in lieu of any remedies available to SensataXxxxxx.

Appears in 1 contract

Samples: f.hubspotusercontent20.net

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