Common use of Failure on Tests or Inspection Clause in Contracts

Failure on Tests or Inspection. ‌ If after inspection, examination or witnessing the testing of any of the Work, Buyer decides, in its sole discretion, that such Work or any part thereof is defective or not in accordance with the Agreement, it may reject the said Work or part thereof by giving to Seller, within ten (10) days, notice of such rejection, stating therein the grounds upon which the said decision is based. Following any such rejection, Seller shall replace or repair the Equipment, the Plant or part thereof rejected and re-submit the same for test or inspection in accordance with this Clause. All expenses reasonably incurred by Buyer in attending or in consequence of such re-testing or inspection and Buyer’s or Buyer’s Representative’s attendance and that of entities providing finance in connection with the Project and their representatives’ attendance shall be deducted from the Purchase Price.

Appears in 3 contracts

Samples: Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement

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Failure on Tests or Inspection. ‌ If after inspection, examination or witnessing the testing of any of the Work, Buyer Xxxxx decides, in its sole discretion, that such Work or any part thereof is defective or not in accordance with the Agreement, it may reject the said Work or part thereof by giving to Seller, within ten (10) days, notice of such rejection, stating therein the grounds upon which the said decision is based. Following any such rejection, Seller shall replace or repair the Equipment, the Plant or part thereof rejected and re-submit the same for test or inspection in accordance with this Clause. All expenses reasonably incurred by Buyer in attending or in consequence of such re-testing or inspection and Buyer’s or Buyer’s Representative’s attendance and that of entities providing finance in connection with the Project and their representatives’ attendance shall be deducted from the Purchase Price.

Appears in 3 contracts

Samples: Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement

Failure on Tests or Inspection. If after inspection, examination or witnessing the testing of any of the Work, Buyer Xxxxx decides, in its sole discretion, that such Work or any part thereof is defective or not in accordance with the Agreement, it may reject the said Work or part thereof by giving to Seller, within ten (10) days, notice of such rejection, stating therein the grounds upon which the said decision is based. Following any such rejection, Seller shall replace or repair the Equipment, the Plant or part thereof rejected and re-re- submit the same for test or inspection in accordance with this Clause. All expenses reasonably incurred by Buyer in attending or in consequence of such re-testing or inspection and Buyer’s or Buyer’s Representative’s attendance and that of entities providing finance in connection with the Project and their representatives’ attendance shall be deducted from the Purchase Price.

Appears in 2 contracts

Samples: Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement

Failure on Tests or Inspection. If after inspection, examination or witnessing the testing of any of the Work, Buyer decides, in its sole discretion, that such Work or any part thereof is defective or not in accordance with the Agreement, it may reject the said Work or part thereof by giving to Seller, within ten (10) days, notice of such rejection, stating therein the grounds upon which the said decision is based. Following any such rejection, Seller shall replace or repair the Equipment, the Plant or part thereof rejected and re-re- submit the same for test or inspection in accordance with this Clause. All expenses reasonably incurred by Buyer in attending or in consequence of such re-testing or inspection and Buyer’s or Buyer’s Representative’s attendance and that of entities providing finance in connection with the Project and their representatives’ attendance shall be deducted from the Purchase Price.

Appears in 2 contracts

Samples: Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement

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Failure on Tests or Inspection. If after inspection, examination or witnessing the testing of any of the Work, Buyer Company decides, in its sole discretion, that such Work or any part thereof is defective or not in accordance with the AgreementContract, it may reject the said Work or part thereof by giving to SellerContractor, within ten (10) daysDays, notice of such rejection, stating therein the grounds upon which the said decision is based. Following any such rejection, Seller Contractor shall replace or repair the Equipment, the Plant or part thereof rejected and re-submit the same for test or inspection in accordance with this Clause. All expenses reasonably incurred by Buyer Company in attending or in consequence of such re-testing or inspection and BuyerCompany’s or BuyerCompany’s Representative’s attendance and that of entities providing finance in connection with the Project and their representatives’ attendance shall be deducted from the Purchase Contract Price.

Appears in 1 contract

Samples: Construction Coordination Agreement

Failure on Tests or Inspection. ‌ If after inspection, examination or witnessing the testing of any of the Work, Buyer decides, in its sole discretion, that such Work or any part thereof is defective or not in accordance with the Agreement, it may reject the said Work or part thereof by giving to Seller, within ten (10) days, notice of such rejection, stating therein the grounds upon which the said decision is based. Following any such rejection, Seller shall replace or repair the Equipment, the Plant or part thereof rejected and re-re- submit the same for test or inspection in accordance with this Clause. All expenses reasonably incurred by Buyer in attending or in consequence of such re-testing or inspection and Buyer’s or Buyer’s Representative’s attendance and that of entities providing finance in connection with the Project and their representatives’ attendance shall be deducted from the Purchase Price.

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement

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