Delivery and Inspection. Time and date of deliveries and performance are of the essence on this Purchase Order. IES reserves the right to make final inspection of the Goods and Services after receipt by IES (notwithstanding any prior payment or prior acceptance thereof) and, in addition to any other right and remedies available under law, to cancel this Purchase Order and reject the Goods or Services upon any default by Supplier in meeting or satisfying delivery/completion dates, scheduled amounts, specifications, quality, or performance. IES may, at its discretion, employ either a 100% inspection or a sample plan. Lots which fail to pass sampling plans may be subsequently 100% inspected by IES (with Supplier to be charged for all such inspection costs) or, at IES’ option, rejected or returned to Supplier for correction, replacement or credit, as the option of IES. Supplier shall not be allowed additional time outside of the time stated for delivery/completion in this Purchase Order without the express written consent of IES. Goods shipped in advance of delivery schedule or unauthorized partial shipments may also be rejected or returned to Supplier at Supplier's expense. All Goods shall be shipped F.O.B. destination. Risk of loss shall pass to IES upon delivery of the Goods to IES in an undamaged condition. Supplier shall bear all risks and expenses for returns including, but not limited to, storage, freight, insurance, packaging, materials and labor as to rejected Goods or Goods requiring correction after notice of rejection. IES shall have the right, upon reasonable advance notice and during normal business hours, to inspect Supplier’s premises and operations which pertain to the Goods and Services in order to insure conformity with specifications, adequate quality control and ability to meet designated delivery and completion dates.
Delivery and Inspection. Any Cooperative records are subject to inspection and copying at the reasonable request, and at the expense of any Member during ordinary business hours but not for the purpose of selling any information contained therein or for any competitive purpose or purpose the effect of which would breach the obligation contained in Section 10.2. A Member’s agent or attorney has the same inspection and copying rights as the Member. The right to copy records includes, if reasonable, the right to receive copies made by photographic, xerographic, or other means. The Cooperative may impose a reasonable charge, not to exceed the estimated cost of labor and material for production or reproduction, for copies of any documentation provided to a Member.
Delivery and Inspection. For the purpose of this Schedule only the Delivery Term, Installation Term, and Installation Date as defined in Master Agreement No. 1288 do not have bearing on the Base Term Commencement Date, which is defined in Section 4 above. The Lessee and Lessor acknowledge that the Equipment is currently located at the Equipment Location as identified in Section 2 above. Lessee acknowledges that the Equipment will be moved to a different Equipment Location, inspected, installed, and accepted no later that January 15, 2006 (“Final Acceptance Date”) and will acknowledge such with the execution of the Final Acceptance Certificate attached hereto as Exhibit D. A mutually agreed upon appraiser will be present upon the unpacking and inspection of the Equipment. Except for the 1994 Danobat High Speed Blade Tip Grinding Machine identified as Model # 193 on the Equipment List , no later than the Final Acceptance Date, Lessee will present Lessor with a written list of Items of Equipment that are either missing (“Missing Items”) or unsuitable for use (“Unsuitable Items”), but not including those Items that are missing or unsuitable for use as a result of any action by Lessee or movement of the Equipment from the Equipment Location. The list of Missing or Unsuitable Items will be accompanied by a report from the appraiser that supports (i) the Items are missing; or (ii) the Items are unsuitable for use. Upon receipt of this written list, at Lessee’s option, Lessor will:
Delivery and Inspection. Time is of the essence in the performance of any Purchase Order. Mar Cor may accept or return Products received after their required delivery date without waiving Mar Cor’s right to return subsequent shipments delivered after the required delivery date. Each shipment of Products must include a packing list with the following information: purchase order number, manufacturer’s part number, manufacturer’s lot number and respective quantity per lot, Mar Cor’s part number, number of cartons in shipment, quantity of Products per carton and total quantity of Products. All Products will be received subject to Mar Cor’s right of inspection and rejection at any time after receipt. Any Products returned to Supplier because of a nonconformity will be returned at Supplier’s expense. Acknowledgment of receipt will not constitute acceptance, and payment prior to inspection will not constitute waiver of any rights hereunder. Mar Cor will have thirty (30) days from receipt to inspect Products; provided, however, that Mar Cor does not waive any rights it has to, at any time, reject or revoke acceptance of Products not conforming to the warranty provisions set forth in this Agreement. Mar Cor and its customers reserve the right to perform onsite inspections, testing and quality audits of Supplier’s facility and/or manufacturer’s facility in conformance with regulatory requirements or as otherwise deemed necessary by Mar Cor and/or its customers in order to assess work quality, conformance with Mar Cor’s specifications, and conformance with Supplier’s representations, warranties, certifications and covenants under this Agreement. Supplier will maintain an inspection and testing system for the same that is acceptable to Mar Cor and will keep records of all inspection and testing data, with respect to Products and samples of each lot shipped, for two (2) years after delivery. Unless otherwise agreed by Mar Cor in writing, Supplier will deliver to Mar Cor a certificate of analysis or a certificate of compliance to specifications approved by Mar Cor with respect to each Product lot shipped. Supplier will ensure safe and sound delivery of the Products. Supplier will suitably xxxx, xxxx and ship all Products in adequate protective packaging and in accordance with any reasonable instructions from Mar Cor and the requirements of common carriers. Supplier will be liable, and will promptly reimburse Mar Cor, for the amount of any loss or damage due to acts or omissions of Supplier’s pe...
Delivery and Inspection. At time of delivery Buyer assumes all risk of damage and loss resulting from any cause whatsoever. Xxxxx agrees to inspect and evaluate all goods and all deliveries sold by Seller upon delivery and receipt by Xxxxx or Xxxxx’s agent. Buyer is solely responsible for, and shall determine suitability of, products delivered for their use. Seller must be notified in writing within ten (10) days after receipt of any shipment of Seller’s products in case any such goods are claimed to be defective or short delivered in any respect. Failure to notify Seller shall constitute a waiver of all claims with respect to the goods and the order placed by Xxxxx with Seller. In any event, use of the goods shall be deemed to be a complete and unqualified acceptance of them by the Buyer. RETURN OF GOODS: When responsibility for the return lies with the Buyer, e.g. ordered in error, excess stock, discontinuance of product use, change in product specifications, etc. and unrelated to any Seller performance, and the return is authorized by Seller, credit will be issued after receipt and approval of the quality of the goods, less a restocking charge of 25% or at Seller’s discretion. Should Buyer be in default in payment of any accounts with Seller, Seller is entitled, at its option, to apply Buyer’s credit or refund to reduce the balance of those accounts. Products returned requiring reconditioning expense will be assessed to the Buyer’s account. Buyer must return product within six (6) months of delivery. Where responsibility for the return is determined to be with Seller, e.g. product did not meet specifications, wrong goods shipped, etc.; Buyer’s sole and exclusive remedy shall be repair or replacement of the part or product or, at the discretion of the Seller, credit will be issued upon receipt, inspection and approval for credit by Seller. Xxxxx agrees that replacement or refund shall be in lieu of all other remedies at law or in equity, including but not limited to the right of indemnity. Returned goods shall be protected from damage while in Xxxxx’s possession. Except for will call sales, transportation in both directions is at Buyer’s expense. Under all circumstances return may be made only with Xxxxxx’s approval and immediately after Xxxxxx’s authorization. LIMITED WARRANTY: Seller warrants to the original Buyer that its products shall be free from defects in material and workmanship for a period of one (1) year and will replace defective product returned to it within that t...
Delivery and Inspection. 5.1 Seller shall give Buyer reasonable notice of the date on which the Aircraft will be ready for Buyer’s inspection and acceptance flight test of not more than 10 hours duration. Within 10 days of such date, Buyer agrees to perform such inspection and, if no defect or discrepancy is revealed, Buyer shall accept delivery of the Aircraft before the end of such 10 day period (the time of the acceptance of delivery of the Aircraft being the “Delivery Time”).
Delivery and Inspection. 5.1 In the first line replace “reasonable” with “30 days prior”.
Delivery and Inspection. Unless they have been explicitly and in writing declared as binding, redelivery dates for Part(s) that have been Repaired are provisional, non-‐binding and shall serve as general information only. ACS will endeavor to notify Customer in the event that any Part(s) may be redelivered late. Delivery terms, for Part(s) sold or Repaired, are ex-‐works, ACS’s facility in Rio Rancho, New Mexico (incoterms 2010) (where ACS means “Seller” and Customer means “Buyer”) or such other ACS (or its affiliates) facility designated by ACS in writing. Unless otherwise agreed, all Part(s) delivered to Customer will be packed for shipment in accordance with ACS’s standard packing procedures for such Part(s). Customer shall, within two (2) days after receipt of the Part(s) thereof, notify ACS of any nonconformance with the Order and return such non-‐conforming Part(s) to ACS if the Part(s) do not conform to the Order at ACS’s cost. ACS shall then, at its option, be permitted to replace or repair such non-‐conforming Part(s). ACS is authorized to advance the Delivery Date (subject to payment terms contained in Section 2 and Section 5 hereof) or complete performance of any Order, prior to the time set forth in such Order unless agreed otherwise. ACS shall have the right to delivery Part(s) in partial shipments and invoice Customer for such portion that has or will be shipped.
Delivery and Inspection. Unless otherwise agreed, all Parts delivered to Customer will be packed for road transportation in the UK in accordance with Total Aircraft Support’s standard packing procedures for such Part(s). Total Aircraft Support reserves the right to charge for special additional packing requirements of the Customer. Packing material, containers, and module and component transportation stands are returnable at Customer’s cost unless otherwise agreed in writing. Any dates set out in the Quotation are approximate and the time of delivery shall not be of the essence. Total Aircraft Support shall provide reasonable notice of when the Part(s) are available for delivery. There is nothing preventing Total Aircraft Support from bringing forward the delivery date, or complete performance of any order, prior to the time set forth in the Quotation. Unless otherwise agreed, Total Aircraft Support shall reserve the right to deliver the Parts in partial shipments.
Delivery and Inspection. 3.1 Chess shall use its reasonable endeavours to deliver the Spare to the relevant Site on the Delivery Date or as soon as possible thereafter.
