DELIVERY, INSPECTION, AND ACCEPTANCE. A. Delivery does not constitute acceptance for the purpose of payment or warranty start time. The City shall inspect all Vehicles or Services to determine whether such Vehicles or Services meet all specifications and requirements set forth in the Agreement Documents. The City agrees to notify the Vendor within three (3) days of delivery or completion of Services if the Vehicles or Services do not meet all specifications and requirements for acceptance.
DELIVERY, INSPECTION, AND ACCEPTANCE. Unless otherwise specified, all deliveries shall be in strict accordance with this Agreement. If delivery dates set forth in the Purchase Order cannot be met, Seller shall promptly inform Xxxxx in writing of any anticipated or actual delay, the reasons for the delay and the actions being taken to overcome or to minimize the delay. If Buyer does not approve alternate delivery dates, Buyer shall have the right to cancel the Purchase Order without further liability, purchase elsewhere, and hold Seller accountable for all direct damages resulting from Seller’s failure to meet the original delivery dates. Upon delivery to Buyer, Seller shall convey clear title to the Products, free of any lien, encumbrance or security interest. Seller shall suitably xxxx, xxxx and ship in accordance with its normal procedure and the requirements of each common carrier or any written instructions from Buyer. Seller shall secure the lowest cost transportation available consistent with the service required unless otherwise instructed by Buyer. Delivery of any Products shall not be deemed to be complete until actually received and accepted by Xxxxx. Items delivered in error shall be returned to Seller at Seller’s sole expense. All Products shall be subject to inspection by Buyer upon delivery to Buyer’s Facility. Inspection and approval by Xxxxx at Seller’s place of business does not preclude rejection for defect upon discovery by subsequent inspection. Any Products properly rejected by Buyer shall be promptly repaired or replaced at Seller’s expense (including, without limitation, shipping costs incurred to complete such repair or replacement).
DELIVERY, INSPECTION, AND ACCEPTANCE. 2.1 ITI shall deliver Brother the following items relating to the Software within fifteen (15)) days after the execution of this Agreement.
DELIVERY, INSPECTION, AND ACCEPTANCE. The Shipowner hereby appoints the Charterer as the authorized agent of the Shipowner to inspect and accept delivery of the Vessels from Seller hereunder and under the Demise Charter for all purposes thereof. The Charterer shall cause one or more authorized representatives of the Charterer to inspect each Vessel upon delivery thereof to the Charterer and, if such Vessel is found to be in good order, to accept such Vessel as aforesaid; provided, however, that the Charterer shall not be authorized to accept any Vessel on behalf of the Shipowner unless the conditions precedent set forth in Sections 3.1 and 3.2 shall have been satisfied at or prior to such acceptance. Acceptance by the Charterer of the Vessels in accordance with this Agreement shall, without further act, constitute (a) delivery by the Shipowner to the Charterer of the Vessels under the Demise Charter, and (b) irrevocable acceptance by the Charterer of the Vessels for charter to the Charterer under, and otherwise for all purposes of, the Demise Charter. If any Vessel is found by the Charterer not to be in good order, the Charterer shall not accept any of the Vessels on behalf of the Shipowner under and in accordance with the terms hereof.
DELIVERY, INSPECTION, AND ACCEPTANCE. For Equipment held on standby for Gatherer that is RTS, CHK Compression shall deliver such Equipment to Gatherer’s site by no later than 14 days after the date on which the Equipment was requested by Gatherer. No later than 7 days after delivery of the Equipment to Gatherer’s site, Gatherer shall inspect the Equipment. Unless Gatherer provides Notice to CHK Compression within such 7-day period of any defects or deficiencies in such Equipment, Gatherer shall be presumed to have accepted the Equipment in its then present condition. If within such 7-day period, Gatherer provides Notice to CHK Compression of the unacceptability of the Equipment, CHK Compression shall correct such defects as soon as commercially practicable but no later than 14 days after the date of Gatherer’s Notice or CHK Compression will retrieve and remove the Equipment by such date, at its cost, and Gatherer shall have no payment obligations hereunder with respect to such Equipment. Upon delivery of any Equipment, Gatherer shall thereupon assume the care, custody, supervision, and control of the Equipment. Any acceptance by Gatherer of any Equipment shall not relieve CHK Compression of its obligations hereunder in respect of such Equipment.
DELIVERY, INSPECTION, AND ACCEPTANCE. A.17.1. Unless otherwise specified in the solicitation or awarding documents, all deliveries shall be F.O.B.
DELIVERY, INSPECTION, AND ACCEPTANCE. Goods shall be delivered in accordance with the applicable Incoterm (“Delivery”). Buyer shall examine all Goods upon Delivery and prior to use or installation. All claims for damage, shortage, and errors in shipment or improper Delivery must be made to Seller in writing within two (2) business days of Delivery, after which Buyer will be deemed to have accepted the Goods and will have no right to reject the Goods or to revoke acceptance.
DELIVERY, INSPECTION, AND ACCEPTANCE. 4.1 Time is of the essence for the Order. The time stipulated for delivery of the Goods shall be strictly adhered to. If the Goods are not delivered on time, or do not comply with the undertakings set out in clause 2, then without limiting any of its other rights or remedies, and whether it has accepted the Goods, the Buyer may exercise any one or more of the following remedies:
DELIVERY, INSPECTION, AND ACCEPTANCE. Time is of the essence with respect to the delivery of all Products, Services, and Deliverables. All Products and Deliverables shall be delivered to the address specified in the Purchase Order during Toyota’s normal business hours or as otherwise instructed by Toyota. Toyota may reject any or all of the Products and Deliverables which do not conform to Toyota’s requirements within 10 business days of Supplier’s delivery of the Products or Deliverables. At Toyota’s option, Toyota may , at Supplier’s risk and expense, (i) return the non-conforming Products or Deliverables to Supplier for a refund or credit; (ii) require Supplier to replace the non-conforming Products or Deliverables; (iii) require Supplier to repair the non-conforming Products or Deliverables so that they meet the requirements; or (iv) accept the non-conforming Products or Deliverables conditioned on Supplier providing a refund or credit in an amount Toyota reasonably determines to represent the diminished value of the non-conforming Products or Deliverables. Toyota’s payment to Supplier for Products or Deliverables prior to Toyota’s timely rejection of such Products or Deliverables as non-conforming will not be deemed as acceptance by Toyota.
DELIVERY, INSPECTION, AND ACCEPTANCE. (a) Delivery. Delivery of the Product is scheduled to be within 22.5 to 23.5 months of the Effective Date of this Agreement, F.O.B. Xxxxxx'x plant, Appleton, Wisconsin. Risk of loss shall pass to Customer upon Delivery. (b)
