Common use of DELIVERY, INSPECTION, AND ACCEPTANCE Clause in Contracts

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. Unless otherwise specified, all deliveries (including completion of any Services) 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. All deliveries shall be packed and preserved for outdoor shipping and storage, unless otherwise directed by Xxxxx in writing. 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 BuyerXxxxx’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). With respect to Services, when all Services to be provided pursuant to the Purchase Order have been completed, Seller shall notify Buyer and Buyer shall have the right to a final review of the Services performed including, without limitation, any and all records and reports maintained by Buyer in connection therewith. Following such review, Buyer shall either notify Seller of its acceptance of the Services or issue to Seller a listing of additional items required in order for the Services to conform to the terms, conditions and specifications of the Agreement. Additionally, when any system or component installed, repaired or otherwise worked on by Seller as part of the Services is completed, Seller shall so notify Buyer, and Buyer, at its option, may witness any tests to be performed. In the event any of such Services fails to meet any specified tests or is otherwise judged by Buyer to fail to comply with the Agreement in Buyer’s reasonable discretion, Seller shall remedy any defect and repeat such tests until specified tests are met and such work complies with the Agreement in Buyer’s reasonable discretion. Time is of critical importance in Seller’s performance of the Services and/or delivery of Products required by the Purchase Order and all Services and Products shall be completed and delivered in accordance with the schedule and/or by the deadlines set forth in the Purchase Order. Any changes to the Services or Products to be provided under the Purchase Order must be set forth in a mutually agreed upon and executed change order in order to be binding upon Buyer.

DELIVERY, INSPECTION, AND ACCEPTANCE. Unless otherwise specified, all deliveries (including completion of any Services) 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. All deliveries shall be packed and preserved for outdoor shipping and storage, unless otherwise directed by Xxxxx in writing. 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). With respect to Services, when all Services to be provided pursuant to a Purchase Order have been completed, Seller shall so notify Buyer and Buyer shall have the right to a final review of the Services performed including, without limitation, any and all records and reports maintained by Buyer in connection therewith. Following such review, Buyer shall either notify Seller of its acceptance of the Services or issue to Seller a listing of additional items required in order for the Services to conform to the terms, conditions and specifications of the Agreement. Additionally, when any system or component installed, repaired or otherwise worked on by Seller as part of the Services is completed, Seller shall so notify Buyer, and Buyer, at its option, may witness any tests to be performed. In the event any of such Services fails to meet any specified tests or is otherwise judged by Buyer to fail to comply with the Agreement in Buyer’s reasonable discretion, Seller shall remedy any defect and repeat such tests until specified tests are met and such work complies with the Agreement in Buyer’s reasonable discretion. Time is of critical importance in Seller’s performance of the Services and/or delivery of Products required by the Purchase Order and all Services and Products shall be completed and delivered in accordance with the schedule and/or by the deadlines set forth in the Purchase Order. Any changes to the Services or Products to be provided under a Purchase Order must be set forth in a mutually agreed upon and executed change order in order to be binding upon Buyer.

DELIVERY, INSPECTION, AND ACCEPTANCE. Unless Time is of the essence in this Contract. The date specified for delivery or performance is the required delivery date at Buyer’s facility or other specified location (“FOB Destination”), unless otherwise specified, all deliveries shall be in strict accordance with this Agreementstated. If delivery dates set forth in In the Purchase Order cannot be met, Seller shall promptly inform Xxxxx in writing event of any anticipated or actual delay, including but not limited to delays attributed to labor disputes, Seller shall: (i) promptly notify Buyer in writing of the reasons for the delay and the actions being taken to overcome or to minimize the delay. If ; (ii) provide Buyer does not approve alternate delivery dateswith a written recovery schedule; and (iii) if requested by Buyer, Buyer shall have the right to cancel the Purchase Order without further liabilityship via air or other expedited routing, purchase elsewhere, and hold Seller accountable for all direct damages resulting from Seller’s failure to meet the original delivery dates. Upon delivery at no additional cost to Buyer, Seller shall convey clear title to avoid or minimize delay to the Products, free maximum extent possible. Buyer may refuse any Goods or Services and cancel all or any part hereof if Seller fails to deliver all or any part of any lien, encumbrance Goods or security interest. Seller shall suitably xxxx, xxxx and ship perform all or any part of any Services in accordance with its normal procedure and the requirements of each common carrier or any written instructions from Buyerterms specified herein. If Xxxxxx’s deliveries will not meet agreed schedules, Xxxxx may direct Seller shall secure the lowest cost transportation available consistent with the service required unless otherwise instructed by Buyerto expedite such delivery at Seller’s cost. Delivery of any Products shall not be deemed to be complete until actually goods have been received and accepted by Xxxxx. Items delivered in error shall be returned Buyer, notwithstanding delivery to Seller at Seller’s sole expenseany carrier, or until services have been performed, received, and accepted. All Products Goods supplied and Services performed shall be subject to inspection and test by Buyer, its agents, and its customers prior to acceptance. Buyer and its customer may inspect the Goods or Services at reasonable agreed upon delivery times and places, when practicable during manufacture, and before shipment. In the event Goods or Services are not in accordance with this Contract or fail to meet any specific inspection requirements of Buyer, Buyer may require prompt correction, modifications, repair, replacement, or re-performance thereof at Buyer’s Facility. Inspection option and approval by Xxxxx at Seller’s place of business does not preclude rejection for defect upon discovery by subsequent inspectionsole expense and risk, including all packaging and shipping charges. Any Products properly rejected by If Seller is unable to accomplish the foregoing remedies within the original agreed schedule, then Buyer may procure such Goods or Services from another source and Seller shall be promptly repaired liable for any excess costs. Buyer’s approval of any Seller submittals shall not relieve Seller of its obligations hereunder. Acceptance of any part of the Contract shall not bind Buyer to accept future shipments or replaced at Seller’s expense (includingperformance of services nor deprive it of its right to cancel or return all or any part of the Goods because of failure to conform to the Contract or by reason of defects, without limitationwhether latent or patent, shipping costs incurred or other breach of warranty, or to complete such repair make any claim for damages. Seller shall bear the risk of loss of, or replacement)damage to, the supplies covered by this Contract, until accepted by Xxxxx.

DELIVERY, INSPECTION, AND ACCEPTANCE. Unless Time is of the essence in this Contract, and the date specified for delivery or performance is the required delivery date at Buyer’s facility or other specified location (“FOB Destination”), unless otherwise specified, all deliveries shall be in strict accordance with this Agreementstated. If delivery dates set forth in In the Purchase Order cannot be met, Seller shall promptly inform Xxxxx in writing event of any anticipated or actual delay, including but not limited to delays attributed to labor disputes, Seller shall: (i) promptly notify Buyer in writing of the reasons for the delay and the actions being taken to overcome or to minimize the delay. If ; (ii) provide Buyer does not approve alternate delivery dateswith a written recovery schedule; and (iii) if requested by Buyer, Buyer shall have the right to cancel the Purchase Order without further liabilityship via air or other expedited routing, purchase elsewhere, and hold Seller accountable for all direct damages resulting from Seller’s failure to meet the original delivery dates. Upon delivery at no additional cost to Buyer, Seller shall convey clear title to avoid or minimize delay to the Products, free maximum extent possible. Buyer may refuse any Goods or Services and cancel all or any part hereof if Seller fails to deliver all or any part of any lien, encumbrance Goods or security interest. Seller shall suitably xxxx, xxxx and ship perform all or any part of any Services in accordance with its normal procedure and the requirements of each common carrier or any written instructions from Buyerterms specified herein. If Xxxxxx’s deliveries will not meet agreed schedules, Xxxxx may direct Seller shall secure the lowest cost transportation available consistent with the service required unless otherwise instructed by Buyerto expedite such delivery at Seller’s cost. Delivery of any Products shall not be deemed to be complete until actually goods have been received and accepted by Xxxxx. Items delivered in error shall be returned Buyer, notwithstanding delivery to Seller at Seller’s sole expenseany carrier, or until Services have been performed, received, and accepted. All Products Goods supplied and Services performed shall be subject to inspection and test by Buyer, its agents, and its customers prior to acceptance. Buyer and its customer may inspect the Goods or Services at reasonable agreed upon delivery times and places, when practicable during manufacture, and before shipment. In the event Goods or Services are not in accordance with this Contract or fail to meet any specific inspection requirements of Buyer, Buyer may require prompt correction, modifications, repair, replacement, or re-performance thereof at Buyer’s Facility. Inspection option and approval by Xxxxx at Seller’s place of business does not preclude rejection for defect upon discovery by subsequent inspectionsole expense and risk, including all packaging and shipping charges. Any Products properly rejected by If Seller is unable to accomplish the foregoing remedies within the original agreed schedule, then Buyer may procure such Goods or Services from another source and Seller shall be promptly repaired liable for any excess costs. Buyer’s approval of any Seller submittals shall not relieve Seller of its obligations hereunder. Acceptance of any part of the Contract shall not bind Buyer to accept future shipments or replaced at Seller’s expense (includingperformance of services nor deprive it of its right to cancel or return all or any part of the Goods because of failure to conform to the Contract or by reason of defects, without limitationwhether latent or patent, shipping costs incurred or other breach of warranty, or to complete such repair make any claim for damages. Seller shall bear the risk of loss of or replacement)damage to the supplies covered by this Contract until accepted by Xxxxx.

DELIVERY, INSPECTION, AND ACCEPTANCE. Unless Time is of the essence in this Contract. The date specified for delivery or performance is the required delivery date at Buyer's facility or other specified location (“FOB Destination”), unless otherwise specified, all deliveries shall be in strict accordance with this Agreementstated. If delivery dates set forth in In the Purchase Order cannot be met, Seller shall promptly inform Xxxxx in writing event of any anticipated or actual delay, including but not limited to delays attributed to labor disputes, Seller shall: (i) promptly notify Buyer in writing of the reasons for the delay and the actions being taken to overcome or to minimize the delay. If ; (ii) provide Buyer does not approve alternate delivery dateswith a written recovery schedule; and (iii) if requested by Buyer, Buyer shall have the right to cancel the Purchase Order without further liabilityship via air or other expedited routing, purchase elsewhere, and hold Seller accountable for all direct damages resulting from Seller’s failure to meet the original delivery dates. Upon delivery at no additional cost to Buyer, Seller shall convey clear title to avoid or minimize delay to the Products, free maximum extent possible. Buyer may refuse any Goods or Services and cancel all or any part hereof if Seller fails to deliver all or any part of any lien, encumbrance Goods or security interest. Seller shall suitably xxxx, xxxx and ship perform all or any part of any Services in accordance with its normal procedure and the requirements of each common carrier or any written instructions from Buyerterms specified herein. If Xxxxxx's deliveries will not meet agreed schedules, Xxxxx may direct Seller shall secure the lowest cost transportation available consistent with the service required unless otherwise instructed by Buyerto expedite such delivery at Seller’s cost. Delivery of any Products shall not be deemed to be complete until actually goods have been received and accepted by Xxxxx. Items delivered in error shall be returned Buyer, notwithstanding delivery to Seller at Seller’s sole expenseany carrier, or until services have been performed, received, and accepted. All Products Goods supplied, and Services performed shall be subject to inspection and test by Buyer, its agents, and its customers prior to acceptance. Buyer and its customer may inspect the Goods or Services at reasonable agreed upon delivery times and places, when practicable during manufacture, and before shipment. In the event Goods or Services are not in accordance with this Contract or fail to meet any specific inspection requirements of Buyer, Buyer may require prompt correction, modifications, repair, replacement, or re-performance thereof at Buyer’s Facility. Inspection option and approval by Xxxxx at Seller’s place of business does not preclude rejection for defect upon discovery by subsequent inspectionsole expense and risk, including all packaging and shipping charges. Any Products properly rejected by If Seller is unable to accomplish the foregoing remedies within the original agreed schedule, then Buyer may procure such Goods or Services from another source and Seller shall be promptly repaired liable for any excess costs. Buyer’s approval of any Seller submittals shall not relieve Seller of its obligations hereunder. Acceptance of any part of the Contract shall not bind Buyer to accept future shipments or replaced at Seller’s expense (includingperformance of services nor deprive it of its right to cancel or return all or any part of the Goods because of failure to conform to the Contract or by reason of defects, without limitationwhether latent or patent, shipping costs incurred or other breach of warranty, or to complete such repair make any claim for damages. Seller shall bear the risk of loss of, or replacement)damage to, the supplies covered by this Contract, until accepted by Xxxxx.

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. If no delivery date is specified in the Purchase Order, Seller shall deliver the Goods within [ten (10)] days of Seller's receipt of the Purchase Order. Upon delivery to Buyer, Seller shall convey clear title to the ProductsGoods, 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 Goods 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 expenseexpense at Buyer’s option. All Products Goods shall be subject to inspection by Buyer upon delivery to Buyer’s Facility. Inspection and approval by Xxxxx Buyer at Seller’s place of business plant does not preclude rejection for defect upon discovery by subsequent inspection. Any Products Goods properly rejected by Buyer shall be promptly repaired or replaced at Seller’s expense (including, without limitation, shipping expense. Any and all reasonable and necessary costs incurred to complete such repair or replacement)by Buyer in connection with the return of Goods rejected by Xxxxx as defective shall be paid by Seller.