Common use of Inspection and Acceptance; Failure to Deliver Clause in Contracts

Inspection and Acceptance; Failure to Deliver. Seller shall give Buyer, and/or its designated agent, reasonable opportunity to inspect the Cars during construction at Seller’s Plant during normal operating hours or at such other time as may be mutually agreed. Prior to shipment of a Car, Buyer and Seller shall mutually agree on a date for Buyer’s inspection of such completed Car and the execution of a certificate of acceptance (“Certificate of Acceptance”) in the form of Exhibit F hereto. If Buyer determines that a Car appears to have been manufactured according to the applicable specifications and is in acceptable condition for delivery (hereinafter, a “Conforming Car”), Buyer shall execute a Certificate of Acceptance. In the event Buyer does not attend such inspection, or Buyer and Seller cannot mutually agree on an inspection date to occur within three (3) days of the date of shipment of the Car, Seller is authorized and empowered to inspect the Car and execute a Certificate of Acceptance on Buyer’s behalf if it determines that the Car is a Conforming Car. If Buyer notifies Seller that a Car does not conform to the specifications applicable to that Car (hereinafter a “Non-Conforming Car”), it shall be Seller’s obligation to make the Car a Conforming Car. The execution of a Certificate of Acceptance shall not preclude Buyer from asserting a claim for a breach of Seller’s Car warranty contained in Section 9 herein within the applicable warranty period or that a Car was not manufactured in accordance with the applicable Specifications. If Seller is unable to provide a Conforming Car within * * * of the scheduled delivery date for any reason whatsoever other than a Force Majeure Event or as a result of a delay caused by Buyer,* * *.

Inspection and Acceptance; Failure to Deliver. Seller shall give Buyer, and/or its designated agent, reasonable opportunity to inspect the Cars during construction at Seller’s 's Plant during normal operating hours or at such other time as may be mutually agreed. Prior to shipment of a Car, Buyer and Seller shall mutually agree on a date for Buyer’s 's inspection of such completed Car and the execution of a certificate of acceptance (“Certificate of Acceptance”"CERTIFICATE OF ACCEPTANCE") in the form of Exhibit F E hereto. If Buyer determines that a Car appears to have been manufactured according to the applicable specifications and is in acceptable condition for delivery (hereinafter, a “Conforming Car”"CONFORMING CAR"), Buyer shall execute a Certificate of Acceptance. In the event Buyer does not attend such inspection, or Buyer and Seller cannot mutually agree on an inspection date to occur within three (3) days of the date of shipment of the Car, Seller is authorized and empowered to inspect the Car and execute a Certificate of Acceptance on Buyer’s 's behalf if it determines that the Car is a Conforming Car. If Buyer notifies Seller that a Car does not conform to the specifications applicable to that Car (hereinafter a “Non"NON-Conforming Car”CONFORMING CAR"), it shall be Seller’s 's obligation to make the Car a Conforming Car. The execution of a Certificate of Acceptance shall not preclude Buyer from asserting a claim for a breach of Seller’s 's Car warranty contained in Section 9 herein within the applicable warranty period or that a Car was not manufactured in accordance with the applicable Specifications. If Seller is unable to provide a Conforming Car within * * *** of the scheduled delivery date for any reason whatsoever other than a Force Majeure Event or as a result of a delay caused by Buyer,* * , ***.

Inspection and Acceptance; Failure to Deliver. Seller shall give Buyer, and/or its designated agent, reasonable opportunity to inspect the Cars during construction at Seller’s Plant during normal operating hours or at such other time as may be mutually agreed. Prior to shipment completion of a Car, Buyer and Seller shall mutually agree on a date for Buyer’s inspection of such the completed Car and the execution of a certificate of acceptance (“Certificate of Acceptance”) in the form of Exhibit F E hereto. If Buyer determines that a Car appears to have been manufactured according to the applicable specifications and is in acceptable condition for delivery (hereinafter, a “Conforming Car”), Buyer shall execute a Certificate of AcceptanceAcceptance as promptly as is reasonably practicable. In the event Buyer does not attend such inspection, or Buyer and Seller cannot mutually agree on an inspection date to occur within three (3) days of the date of shipment completion of the Car, Seller is authorized and empowered to inspect the Car and execute a Certificate of Acceptance on Buyer’s behalf if it determines that the Car is a Conforming Car. If Buyer notifies Seller that a Car does not conform to the specifications applicable to that Car (hereinafter a “Non-Conforming Car”), it shall be Seller’s obligation to make the Car a Conforming Car. The execution of a Certificate of Acceptance shall not preclude Buyer from asserting a claim for a breach of Seller’s Car warranty contained in Section 9 herein 8 within the applicable warranty period or that a Car was not manufactured in accordance with the applicable Specifications. Notwithstanding anything to the contrary in this Agreement, including without limitation this Paragraph 6, and for avoidance of any doubt, Buyer reserves all rights available to it in law or equity under the circumstances of a failure by Seller to deliver the Cars hereunder when due in accordance herewith. If Seller is unable to provide a Conforming Car within * * *** of the scheduled delivery date for any reason whatsoever other than a Force Majeure Event or as a result of a delay caused by Buyer,* * , ***.