Buyer Inspection. Buyer and Seller or Seller’s representative shall meet for an orientation and inspection of the Property at a mutually agreeable time approximately five (5) business days prior to the Close Date. Buyer and Seller shall prepare a joint inspection correction list of all items that are damaged or defective (“Disclosure of Move-In Condition”) that shall be completed and submitted by Buyer to Seller for Seller’s review and approval no later than thirty (30) days after the Close Date. Any corrective work agreed to be performed by Seller, if any, as a result of such joint inspection shall not delay the Close Date. If Seller does not correct, fix or replace any items listed by Buyer on the mutually approved Disclosure of Move-In Condition form, Buyer shall not be obligated to pay for such correction/fix/replacement upon resale of the Property to Seller unless Buyer’s use of such item has caused further damage, destruction or unreasonable wear and tear.
Buyer Inspection. Following the issuance of the Notice of Completion of the Equipment, the Buyer may inspect the Equipment for thirty (30) calendar days prior to transfer; provided, however, that the Buyer shall provide the Company notice of no less than five (5) calendar days of its intention to inspect the Equipment.
Buyer Inspection. Buyer acknowledges and represents that as of the date of execution of this Agreement, Buyer has had the opportunity to review any engineering reports made available to potential bidders at the Auction during a due diligence period prior to the Auction, and has been given the opportunity to make a full and complete inspection of the Property, at Buyer's expense, including, but not limited to, inspection by construction experts, engineers and architects acceptable to Buyer, examining both obvious and latent conditions of the Property. Accordingly, except for the representations, warranties, covenants and agreements in this Agreement or in any of the documents (the "Closing Documents") executed and delivered by Seller to Buyer in connection with the Closing (as hereinafter defined), Buyer will have made its investment decision to enter into this Agreement based exclusively upon its own investigations or inspections with respect to the Property and has not relied, and will not have relied upon any express or implied, written or oral, representation of Seller or Seller's general partners (collectively, the "Selling Entity") or any of the Selling Entity's employees, agents, representatives, broker and attorneys, counsel for the respective plaintiffs in the litigation captioned In re: Prudential Securities Incorporated Limited Partnerships Litigation ("Litigation") in the United States District Court in the Southern District of New York, MDL Docket No. 1005, M-21-67 (MP), or any affiliates of any of them, hereinafter designated collectively as the "Protected Group", in entering into this Agreement. Buyer acknowledges that Seller has cooperated with Buyer in all requests for inspection or testing, and Seller agrees to cooperate with Buyer's reasonable requests for additional inspections and testing (to be conducted at Buyer's sole cost and expense) prior to the Closing Date (hereinafter defined), provided, however, that in no event shall facts or information which may be discovered by Buyer in so conducting any inspections or testing, (i) be the basis of any claim by Buyer against Seller, or any right of Buyer to terminate this Agreement or to request an adjustment to the Purchase Price or a cure by Seller of any condition or matter discovered by any such additional testing or inspection unless such inspections or tests reveal breaches of representations, warranties, covenants or agreements of Seller herein, in which case Buyer's remedies shall be as provided here...
Buyer Inspection. Buyer acknowledges and represents that as of the date of execution of this Agreement, Buyer has had the opportunity to review any engineering reports made available to potential bidders at the Auction during a due diligence period prior to the Auction, and has been given the opportunity to make a full and complete inspection of the Property, at Buyer's expense, including, but not limited to, inspection by construction experts, engineers and architects acceptable to Buyer, examining both obvious and latent conditions of the Property. Accordingly, Buyer will have made its investment decision to enter into this Agreement based exclusively upon its own investigations or inspections with respect to the Property and has not relied, and will not have relied upon any express or implied, written or oral, representation of Seller or Seller's general partners (collectively, the "Selling Entity") or any of the Selling Entity's employees, agents, representatives, broker and attorneys, counsel for the respective plaintiffs in the litigation captioned In re: Prudential Securities Incorporated Limited Partnerships Litigation ("Litigation") in the United States District Court in the Southern District of New York, MDL Docket No. 1005, M-2167 (MP), or any affiliates of any of them, hereinafter designated collectively as the "Protected Group," in entering into this Agreement. Buyer acknowledges that Seller has cooperated with Buyer in all requests for inspection or testing.
Buyer Inspection. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, BUYER HEREBY ACCEPTS THE “PROPERTIES” ASSIGNED AND CONVEYED HEREIN (INCLUDING ALL XXXXX, PERSONAL PROPERTY AND EQUIPMENT) “AS IS, WHERE IS” AND “WITH ALL FAULTS”, INCLUDING THE ENVIRONMENTAL CONDITION OF THE PROPERTIES. BUYER COVENANTS, REPRESENTS AND WARRANTS THAT (i) BUYER HAS INSPECTED OR WILL INSPECT THE “PROPERTIES”, AND IMPROVEMENTS ON THE “PROPERTIES”, IF ANY, AND ALL MATTERS RELATING THERETO WHICH BUYER DESIRES; (ii) NEITHER SELLER NOR ANYONE ON SELLER’S BEHALF HAS MADE, OR IS MAKING, ANY WARRANTIES OR REPRESENTATIONS RESPECTING THE “PROPERTIES” OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT; (iii) BUYER IS RELYING SOLELY ON (A) BUYER’S OWN INVESTIGATION OF THE “PROPERTIES” AND ALL MATTERS PERTAINING THERETO, INCLUDING THE ENVIRONMENTAL CONDITION OF THE “PROPERTIES” AND (B) THOSE WARRANTIES AND REPRESENTATIONS OF SELLER EXPRESSLY SET FORTH IN THIS AGREEMENT; AND (iv) EXCEPT AS EXPRESSLY SET FORTH HEREIN, BUYER IS PURCHASING THE “PROPERTIES” “AS IS.” BUYER REPRESENTS AND WARRANTS THAT IT IS HIGHLY EXPERIENCED IN THE BUSINESS OF EVALUATING, PURCHASING AND OPERATING PROPERTIES AND EQUIPMENT OF THE TYPE TO BE SOLD TO BUYER PURSUANT TO THIS AGREEMENT AND THAT BUYER AND ITS REPRESENTATIVES HAVE SUFFICIENT KNOWLEDGE, ABILITIES AND EXPERIENCE TO FULLY INVESTIGATE AND EVALUATE THE “PROPERTIES” (INCLUDING THEIR CONDITION AND ECONOMIC VALUE). EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, BUYER ACKNOWLEDGES THAT SELLER MAKES NO, AND EXPRESSLY DISCLAIMS ANY, WARRANTIES OR REPRESENTATIONS CONCERNING THE ACCURACY, CORRECTNESS, COMPLETENESS OR ADEQUACY OF ANY OF THE INFORMATION, DOCUMENTS, DATA, STATISTICS, SUMMARIES, ELECTRONIC TRANSMISSIONS AND FACSIMILES FURNISHED BY OR ON BEHALF OF SELLER TO BUYER OR ANY OF ITS REPRESENTATIVES. FURTHER, BUYER ACKNOWLEDGES AND AGREES THAT, NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL SELLER BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING CLAIMS FOR LOSS OF USE, RENTS, ANTICIPATED PROFIT OR BUSINESS OPPORTUNITY, OR BUSINESS INTERRUPTION, DIMINUTION IN VALUE, OR MENTAL OR EMOTIONAL DISTRESS OR FEAR OF INJURY OR DISEASE. BUYER’S INITIALS: _______ SELLER’S INITIALS: _______
Buyer Inspection. BUYER HEREBY AGREES THAT IT WILL INSPECT THE PROPERTIES, XXXXX, PERSONAL PROPERTY, AND EQUIPMENT ASSIGNED AND CONVEYED HEREIN AND THAT IT WILL ACCEPT THE SAME “AS IS, WHERE IS” AND “WITH ALL FAULTS”.
Buyer Inspection. Buyer will inspect any and all goods delivered hereunder before altering the goods for use or permanently affixing the goods into instruments or devices since such incorporation or alteration may affect performance. Seller warrants (as set forth below) that the goods will be free from defects in material and workmanship and will meet or surpass Seller's published specifications. The only way this warranty may be altered is if the front of the Order Verification that is returned to Buyer specifically identifies alternative specifications.
Buyer Inspection. Buyer may hire a licensed and bonded inspector of Buyer’s choice at Buyer’s sole expense. Seller shall be obligated to correct only those deficiencies that would violate State or local law, codes, or the Limited Warranty Agreement. Inspection shall be limited to structural elements of construction and shall exclude any alleged cosmetic deficiencies. Buyer shall provide Seller with a copy of any inspector’s license and bond prior to any inspection. Inspection shall be completed, including a specific list of any alleged deficiencies, and delivered to Seller seven (7) days prior to the Closing date of the Property.
Buyer Inspection. The Buyer shall inspect the goods immediately after receipt for defects arising during transit, deviations from the agreed quantity, or delivery of merchandise other than that stipulated, which it shall report on the delivery note. Any shipment that is not received either in full or in part shall be reported to us by the Buyer promptly after discovery.
Buyer Inspection. All work under this contract is subject to Buyer inspection and acceptance at source either on a random or 100% basis and at all times (including the period of performance) and places, and in any event, prior to shipment. Upon receipt of this contract, promptly notify Xxxxx's QA Representative normally servicing your plant and furnish him a copy of the contract so his inspections can be appropriately planned. Contact the Buyer's Quality Control representative 48 hours in advance of the time articles or processes will be ready for Buyer's inspection.
