Common use of Compliance with Specifications Clause in Contracts

Compliance with Specifications. Buyer has bargained for the goods listed overleaf and commercially equivalent goods are not acceptable without its prior written approval. All goods shipped or delivered to Buyer shall strictly conform to all specifications, labels, models, drawings, plans, patterns, designs, marks, names, constructions, stamps, samples, packing or other descriptions or instructions of Buyer and shall be subject to final inspection, approval, and/or rejection by Buyer or its agent. Goods which do not so conform may be rejected in whole or in part at the option of Buyer and if rejected may be returned by Buyer to Seller at Seller’s risk or may be held for disposition by Xxxxx at Seller’s risk after written notice of such rejection by Xxxxx to Seller. All charges and expenses of every kind and nature incurred by Xxxxx in holding such goods for disposition or returning the same to Seller shall be borne by Seller and paid for by or reimbursed by Seller to Buyer if advanced by Xxxxx. Any delay in inspecting the goods, in giving notice of rejection to Seller or in returning any rejected goods to Seller shall not be deemed an acceptance of such goods by Buyer. In the event Buyer rejects or returns any goods and/or makes any claim with respect to such goods, Buyer shall have the right to withhold any payments due to Seller under this or any other contract between them until such claim or rejection is settled or disposed of. The payment by Buyer of Seller’s invoice does not constitute acceptance of the goods covered by such invoice and shall not be deemed a waiver of any rights of Buyer, including Buyer’s rights thereafter to inspect, accept or reject or make claim with respect to all or any part of the goods covered by such invoice.

Compliance with Specifications. Buyer has bargained for the goods listed overleaf and commercially equivalent goods are not acceptable without its prior written approval. All goods shipped or delivered to Buyer shall strictly conform to all specifications, labels, models, drawings, plans, patterns, designs, marks, names, constructions, stamps, samples, packing or other descriptions or instructions of Buyer and shall be subject to final inspection, approval, and/or rejection by Buyer or its agent. Goods which do not so conform may be rejected in whole or in part at the option of Buyer and if rejected may be returned by Buyer to Seller at Seller’s risk or may be held for disposition by Xxxxx at Seller’s risk after written notice of such rejection by Xxxxx to Seller. All charges and expenses of every kind and nature incurred by Xxxxx in holding such goods for disposition or returning the same to Seller shall be borne by Seller Xxxxxx and paid for by or reimbursed by Seller to Buyer if advanced by Xxxxx. Any delay in inspecting the goods, in giving notice of rejection to Seller or in returning any rejected goods to Seller shall not be deemed an acceptance of such goods by Buyer. In the event Buyer rejects or returns any goods and/or makes any claim with respect to such goods, Buyer shall have the right to withhold any payments due to Seller under this or any other contract between them until such claim or rejection is settled or disposed of. The payment by Buyer of Seller’s invoice does not constitute acceptance of the goods covered by such invoice and shall not be deemed a waiver of any rights of Buyer, including Buyer’s rights thereafter to inspect, accept or reject or make claim with respect to all or any part of the goods covered by such invoice.