Acceptance of Shipment. If it is desired to make a change to the previously agreed upon delivery schedule, Steel King will attempt to accommodate the request without cost to the Buyer. In the event that the ordered product(s) require storage due to job site delays, and the notice of delay falls within eight weeks of the agreed upon delivery date, Steel King will attempt to locate storage for a maximum of 30 days and the Buyer agrees to pay all reasonable storage and handling charges. Any such costs will be estimated and presented to the Buyer for approval. If the cost is not approved, the Buyer must accept delivery on the original date. Steel King does not guarantee the availability of inside storage. The responsibility for the quality of the paint finish on product stored outdoors, and any dust on product stored indoors, lies entirely with the Buyer. The project will be invoiced on the date on which the shipment was previously scheduled, and the Buyer agrees to pay the invoice within 30 days of the invoice date, regardless of the date the product actually ships or delivers. The Buyer agrees to accept delivery no more than 30 days after the originally scheduled delivery date.
Acceptance of Shipment. Return of Goods: Baxter may inspect or audit the Products for integrity and adherence to the product specifications. If any of the Products of a continuous production run or shipment (a "Lot") fail to meet UroGen's warranties or to conform to product specifications, Baxter shall notify UroGen in writing within 120 days, and thereafter Baxter may reject such Lot and, at Xxxxxx'x option and at UroGen's expense, Baxter shall receive a credit, refund or replacement for such Products. If UroGen so requests, Baxter will return any such Products to UroGen at UroGen's expense.
Acceptance of Shipment. The risk of loss from any casualty to the goods regardless of the cause of the casualty shall be on Seller until the goods have been accepted by Buyer at Buyer’s dock unless otherwise stated on the face of this order. All shipments shall be FOB Buyer’s dock unless otherwise stated on the face of this order. If Buyer is required to pay any freight cost, Seller shall ship in accordance with specified shipping instructions on the face of this order and Seller shall determine that the shipping agent is properly insured to replace shipment due to any casualty. If the shipment value exceeds coverage limits, Seller shall notify Buyer to secure written insurance instructions prior to shipment.
Acceptance of Shipment. 2.8.1 Unless otherwise agreed by the parties, if a shipment of Device Proprietary Components, or any portion thereof:
Acceptance of Shipment. If Nycomed should fail to perform the incoming inspection pursuant to Section 6.2.1 and to notify Patheon of an Evident Defect in accordance with Section 6.2.2.1, or if Nycomed should fail to notify Patheon of a Latent Defect in accordance with Section 6.2.2.2, then Nycomed shall no longer be entitled to assert warranty claims pursuant to Section 6.4 in respect to such Evident Defect or such Latent Defect (as applicable) of the applicable shipment of Product, provided however that the aforesaid shall not be construed as preventing or limiting the exercise by Nycomed of any other rights or remedies (including, without limitation, the right to be indemnified by Patheon pursuant to Section 12.1.1.), concurrently or separately, as provided for in this Agreement, at law or in equity.
Acceptance of Shipment. Failure of Sepracor (i) to perform the incoming inspection pursuant to Section 10.4.2.1 and to notify Nycomed in the applicable time period specified in Section 10.4.2.3 above of any [**]; or (ii) to perform quality control procedures as may be agreed pursuant to Section 10.4.2.2 and to notify Nycomed within the agreed time periods in Section 10.4.2.3 above of any Latent Deficiency; or (iii) to notify Nycomed within the applicable time periods specified in Section 10.4.2.3 above of any Latent Deficiency after its discovery by Sepracor, [**].
Acceptance of Shipment. Items will be deemed “delivered” when delivered to Customer’s selected freight carrier. Customer’s right to return defective Products will be covered by the warranty provisions set forth in Section 5.
Acceptance of Shipment. Customer shall test and/or inspect each shipment of Products to determine whether it materially conforms to the Specifications agreed upon by the parties. As soon as practicable, but in any event within ninety (90) days after the shipping date, Customer shall provide eSilicon with any written rejection of the shipment, in whole or in part, listing in detail the reasons for the rejection, including but not limited to, the Specifications for which the shipment or portions thereof was out of compliance. If Customer fails to provide. eSilicon with a written rejection within such 90-day period, then the Products shall be deemed accepted by Customer. If Customer rejects the shipment within such 90 day period, then eSilicon shall use commercially reasonable efforts to correct any verified defects in the Products and re-deliver the Products to Customer. Rejected Products will be shipped to eSilicon with freight and insurance prepaid by eSilicon. Any Products returned by Customer must be accompanied by a Return Material Authorization (RMA) number, which will be provided by eSilicon eSilicon™ Corporation Business Confidential 9 [eSilicon Corporation Letterhead] Master ASIC Services Agreement Dated: 10/22/2001 upon review of the written rejection. For purposes of the Agreement, only goods supplied pursuant to this Agreement and that materially fail to meet the Specifications referenced in the Order can be rejected by Customer.
Acceptance of Shipment. Return of Goods: Baxter may inspect or audit the Isolex(R) and Maxsep(R) Products, Reagent Kits and other Products for integrity and adherence to the product specifications. If any of the Isolex(R) and Maxsep(R) Products, Reagent Kits and other Products of a continuous production run or shipment (a "Lot") are not manufactured or supplied by Xxxxxx under any of the Hardware and Disposables Manufacturing Agreement, the Hardware and Disposables Supply Agreement or the Antibody Manufacturing and Storage Agreement and fail to meet Newco's warranties or to conform to product specifications, Xxxxxx shall notify Newco in writing within 120 days, and thereafter Xxxxxx may return such Lot and, at Xxxxxx'x option and at Newco's expense, Xxxxxx shall receive a credit, refund or replacement for such Products. If Newco so requests, Xxxxxx will return any such Products to Newco at Newco's expense.
Acceptance of Shipment. Failure of Partner (i) to perform the incoming inspection pursuant to Section 10.4.2.1 and to notify Nycomed in the applicable time period specified in Section 10.4.2.3 above of any Patent Deficiency; or (ii) to perform quality control procedures as may be agreed pursuant to Section 10.4.2.2 and to notify Nycomed within the agreed time periods in Section 10.4.2.3 above of any Latent Deficiency; or (iii) to notify Nycomed within the applicable time periods specified in Section 10.4.2.3 above of any Latent Deficiency after its discovery by Partner, shall constitute a waiver of Partner’s rights relating to such Deficiencies.
