Common use of Delivery and Inspection Clause in Contracts

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.