Acceptance of the Products by the Purchaser a) The Products will be considered accepted by Purchaser (hereinafter, “Acceptance”) and in compliance with all the technical requirement agreed upon in the Contract: (i) at the Delivery Date, in case Purchaser will not provide MEI with any Participation Notice or will elect not to attend the Final Test. In such case, Purchaser shall automatically waive any and all of its right to object and contest the results of the Final Test which shall have to be considered approved by Purchaser; or (ii) at the Delivery Date, in case Purchaser, within 5 (five) calendar days after the Final Test date, will not provide MEI with a reasoned and duly supported written notice rejecting the result of such Final Test (hereinafter, “Notice of Disapproval”). In case Purchaser will not provide MEI with a Notice of Disapproval within the abovementioned term, Purchaser will automatically waive any and all of its right to object and contest the results of such Final Test which shall have to be considered approved by Purchaser. b) Upon the receipt of a Notice of Disapproval, the Parties shall cooperate in good faith and use their best effort in order to try to find an amicable solution on the matter provided that, in case the Parties shall not be able to find an amicable solution within 30 (thirty) days after the receipt of the Notice of Disapproval, Article 19.2 of this Agreement shall apply. In any event, in no case whatsoever Purchaser shall be entitled to delay, set-off, postpone or withheld any payment due to MEI. c) It is hereby understood that with the Acceptance, Purchaser waives any and all its rights to submit any claim related to manifest (obvious) non-conformity or defect of the Products. 9.3 Installation a) The installation of the Products will be performed by MEI at Purchaser’s premises at a date to be agreed upon by the Parties in writing after the Delivery Date (hereinafter, “Installation Date”). b) In order to properly perform the installation, Purchaser shall be required to ensure that, at the Installation Date, the premises and related services (electricity, compressed air, etc.) where the Products will be installed are suitable and fully functional in order to proceed with the installation. c) In any case, MEI shall not be responsible for: (i) any delays (including installation delays) or damages eventually caused to the Products due to the impossibility of carrying out the installation for causes attributable (in full or in part) to Purchaser; a...
Acceptance of the Products by Nortel under this Section 4 shall not relieve Seller from its obligations to manufacture, deliver, repair and support the Products in accordance with this Agreement.
Acceptance of the Products. BIOTRONIK shall inspect each shipment of Products and give CONOR written notice of any obvious defects or damages to any Product or non-conformity with the Product Specifications or the Purchase Order within [*] days following the day of receipt of the Products. Any claims relating to defects or damages or non-conformity that are not submitted to CONOR in writing within such period shall be deemed to be waived and released, subject to Article 13. If CONOR disagrees with BIOTRONIK’s claim that Product delivered to BIOTRONIK is non-conforming, the Parties shall first use good faith efforts to settle such dispute within [*] days following CONOR’s receipt of notice of non-conformity under this Section 4.6. If they are unable to do so within such time period, the dispute will be resolved by a mutually acceptable independent thirty party laboratory, which will analyze the allegedly non-conforming Product and determine whether such Product conforms with the Product Specifications and the Purchase Order. The Parties agree that such laboratory’s determination regarding conformance with the Product Specification and the Purchase Order will be final and binding. The Party against whom the third party laboratory finds shall bear all costs of this analysis. The Parties understand and agree that Products shipped to BIOTRONIK with an use-before-period (Shelf Life Period) of less than [*] will not be accepted, except that for the period of [*] after the regulatory approval of the Products [*], the Shelf Life Period will be no less than [*].
Acceptance of the Products by Buyer shall not constitute a waiver by Buyer of its rights under the Warranty provisions set forth in Exhibit D of this Agreement.
Acceptance of the Products. A. INALCO will supply a Certificate of Analysis with each delivery of the Products.
Acceptance of the Products. Reseller shall use commercially reasonable efforts to inspect the Products within fifteen (15) days of receipt. If Reseller determines that the Products do not conform to the Purchase Order, this Agreement, or applicable specifications (“Non-Conforming Products”), Reseller may either: (i) reject and return the Non-Conforming Products for a refund plus any associated shipping costs, or (ii) require prompt correction or replacement of such Products on Reseller’s written instructions.
Acceptance of the Products. During the first thirty (30) days following receipt of any Products by either PARTY at the place of delivery, the BUYER may conduct incoming inspection tests to confirm that each Product conforms to the applicable specifications set forth in the order or any applicable document. Unless written notice of Product nonconformity is provided to the selling PARTY within such thirty days period, the product will be deemed accepted. The selling PARTY will repair or replace at no charge to the BUYER any non-conforming Product that is rejected by the BUYER within fifteen (15) days following receipt of non conformity.
Acceptance of the Products. XXXXXXX shall inspect each shipment of Products and give BIOMATERIALI written notice of any defects in or non-conformity of any Products receipt at XXXXXXX’ warehouse within thirty (30) days from their delivery. All Products or parts thereof claimed to be non-conforming with the Product specifications, with the Purchase Order, damaged or in whatever manner defective, must be kept at XXXXXXX’ warehouse for inspection by BIOMATERIALI. XXXXXXX shall return any non-conforming or defective Products as directed by BIOMATERIALI and at BIOMATERIALI’s expense for credit or replacement at XXXXXXX’ discretion. In case of replacement, BIOMATERIALI will ship the replaced Product within a reasonable time, DDU at XXXXXXX’ warehouse in Nijmegen, The Netherlands, according to INCOTERMS 2000. The parties understand and agree that Products shipped to XXXXXXX with an use-before-period (shelf-life) of less than twenty (20) months will not be accepted.
Acceptance of the Products shall not take place until the Distributor receives the manufacturers certificate of conformity referred to in Clause 3.1 above.
Acceptance of the Products. Buyer will have the right to reject any Product that does not conform to the Specifications on the Purchase Order. Within the ten (10) days after arrival of a shipment of the Products, Buyer (or its agent) will notify Seller in writing of its rejection of the unit(s) and state with specificity its reasons for rejection of said unit(s). Upon receipt of such notice from Buyer, Seller will promptly address the issue of non-conforming goods and remediate all issues of unmet specifications. The acceptance criteria for the Product shall be "conformance to the Specifications at the time of delivery." Any Products not rejected by Buyer pursuant to this Section 7.1 will be deemed accepted. In the event that there are additional acceptance criteria by Buyer, they must be specified on the Purchase Order at the time of the initial order in accordance with Sections 1.5.1 and 2.1.
