Constructive Acceptance Clause Samples

The Constructive Acceptance clause defines a situation where acceptance of goods, services, or contractual terms is implied by a party’s actions rather than by explicit agreement. For example, if a buyer receives goods and uses them or fails to reject them within a specified period, they are deemed to have accepted the goods even if they have not formally communicated acceptance. This clause ensures that parties cannot avoid their contractual obligations by remaining silent or inactive, thereby providing clarity and preventing disputes over whether acceptance has occurred.
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Constructive Acceptance. Commencement of shipment of materials described in this Order constitutes acceptance, irrespective of whether Seller confirms its acceptance by a written agreement.
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Constructive Acceptance. The Products will be deemed accepted in the event that the Purchaser: 7.5.1 Unreasonably delays commencing Acceptance testing. A delay of seven (7) business days or greater from the date at which the Developer advises the Purchaser that the Products are ready to commence Acceptance Testing shall be deemed unreasonable. 7.5.2 Uses, the Software which is subject to Acceptance Testing for productive purposes prior to Acceptance, provided such use is not part of the Acceptance Testing; or 7.
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Constructive Acceptance. Payment by University is only made in conjunction with the terms and conditions of this Agreement. This Agreement supersedes any other discussions or agreements offered by Recipient.
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Constructive Acceptance. The Documentary Deliverables or Products will be deemed Accepted in the event that the Supplier submits the Documentary Deliverables and Products in line with the expected delivery dates in Schedule D, and the Purchaser:
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Related to Constructive Acceptance

  • PARTICIPANT’S ACCEPTANCE The undersigned hereby accepts the foregoing Option and agrees to the terms and conditions hereof, including the terms and provisions of the 2015 Equity Incentive Plan. The undersigned hereby acknowledges receipt of a copy of the Company’s 2015 Equity Incentive Plan.

  • INSPECTION, ACCEPTANCE AND REJECTION a. All shipments of Goods and performance of Services shall be subject to Buyer’s right of inspection. Buyer shall have ninety (90) days (the “Inspection Period“) following the delivery of the Goods at the Delivery Point or performance of the Services to undertake such inspection, and upon such inspection Buyer shall either accept the Goods or Services (“Acceptance“) or reject them. Buyer shall have the right to reject any Goods that are delivered in excess of the quantity ordered or are damaged or defective. In addition, Buyer shall have the right to reject any Goods or Services that are not in conformance with the Specifications or any term of this Agreement. Transfer of title to Buyer of Goods shall not constitute Buyer’s Acceptance of those Goods. Buyer shall provide Supplier within the Inspection Period notice of any Goods or Services that are rejected, together with the reasons for such rejection. If Buyer does not provide Supplier with any notice of rejection within the Inspection Period, then Buyer will be deemed to have provided Acceptance of such Goods or Services. Buyer’s inspection, testing, or Acceptance or use of the Goods or Services hereunder shall not limit or otherwise affect Supplier’s warranty obligations hereunder with respect to the Goods or Services, and such warranties shall survive inspection, test, Acceptance and use of the Goods or Services. b. Buyer shall be entitled to return rejected Goods to Supplier at Supplier’s expense and risk of loss for, at Buyer’s option, either: (i) full credit or refund of all amounts paid by Buyer to Supplier for the rejected Goods; or (ii) replacement Goods to be received within the time period specified by Buyer. Title to rejected Goods that are returned to Supplier shall transfer to Supplier upon such delivery and such Goods shall not be replaced by Supplier except upon written instructions from Buyer. Supplier shall not deliver Goods that were previously rejected on grounds of non-compliance with this Agreement, unless delivery of such Goods is approved in advance by Buyer, and is accompanied by a written disclosure of Buyer’s prior rejection(s).

  • Final Acceptance All Work has been completed and accepted by the County. The Contractor has provided all required close-out documentation and items as required by the Detailed Scope of Work for the specific Job Order, and these items and have accepted and approved by the County

  • Employment and Acceptance During the Term (as defined in Section 1.2), the Company shall employ the Executive, and the Executive shall accept such employment and serve the Company, in each case, subject to the terms and conditions of this Agreement.

  • Deemed Acceptance You are required to accept the terms and conditions set forth in this Agreement prior to the Vesting Date in order for you to receive the Award granted to you hereunder. If you wish to decline this Award, you must reject this Agreement prior to the Vesting Date. For your benefit, if you have not rejected the Agreement prior to the Vesting Date, you will be deemed to have automatically accepted this Award and all the terms and conditions set forth in this Agreement. Deemed acceptance will allow the shares to be released to you in a timely manner and once released, you waive any right to assert that you have not accepted the terms hereof.