Common use of Inspection and Rejection of Nonconforming Goods Clause in Contracts

Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

Appears in 5 contracts

Samples: General Purchase Order, General Purchase, General Purchase

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Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer may, upon reasonable notice, inspect the Goods and any work-in-process at facilities where Seller is manufacturing or storing the Goods. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly within 4 days replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 1920. If Buyer rejects any portion of the Goods, Seller must perform a root cause analysis to determine why the Goods did not meet Buyer’s specifications as identified in the Order. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

Appears in 3 contracts

Samples: Purchase Order Terms, Purchase Order Terms, Purchase Order Terms

Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 1920. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

Appears in 2 contracts

Samples: nationalfoam.com, angusfire.com

Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are materially nonconforming or defective. If Buyer rightfully rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 1920. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's ’s obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

Appears in 2 contracts

Samples: General Purchase Order Terms, General Purchase Order Terms

Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this the Order for cause pursuant to Section 1921. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's ’s obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

Inspection and Rejection of Nonconforming Goods. The Buyer Purchaser has the right to inspect the Goods on the Delivery Date or up to ninety (90) days after the said Delivery Date. BuyerPurchaser, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer Purchaser rejects any portion of the Goods, Buyer Purchaser has the right, effective upon written notice to SellerSupplier, to: (a) rescind the Order this Agreement in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer Purchaser requires replacement of the Goods, Seller Supplier shall, at its expense, promptly replace the nonconforming or defective Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller Supplier fails to timely deliver replacement Goods, Buyer Purchaser may replace them with goods from a third party and charge Seller Supplier the cost thereof and terminate this Order Agreement for cause pursuant to Section 1917. Any inspection or other action by Buyer Purchaser under this Section shall not reduce or otherwise affect Seller's Supplier’s obligations under the OrderAgreement, and Buyer Purchaser shall have the right to conduct further inspections after Seller Supplier has carried out its remedial actions.. ‌

Appears in 2 contracts

Samples: www.brentwoodindustries.com, www.brentwoodindustries.com

Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 1920. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

Appears in 2 contracts

Samples: General Purchase Order Terms, Terms and Conditions

Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order this Agreement in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming or defective Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order Agreement for cause pursuant to Section 1920. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's ’s obligations under the OrderAgreement, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

Appears in 1 contract

Samples: Terms and Conditions

Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to SellerSupplier, to: (a) rescind the this Order in its entirety; (b) accept the Goods at a reasonably reduced re- duced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller Supplier shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller Supplier fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller Supplier the cost thereof and terminate this Order for cause pursuant to Section 1920. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's Supplier’s obligations under the this Order, and Buyer shall have the right to conduct further inspections after Seller Supplier has carried out its remedial actions.

Appears in 1 contract

Samples: www.hago-ft.de

Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. All Goods substitutions will be rejected. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods Goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 1921. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions. Goods that are determined to be counterfeit will be deemed to have 0 value.

Appears in 1 contract

Samples: www.fusionww.com

Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

Appears in 1 contract

Samples: www.titan-intl.com

Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are reasonably determined to be nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order this Agreement in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, any Goods rejected will be held for disposition at the expense and risk of Seller, and Seller shall, at its expense, promptly replace the nonconforming or defective Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goodsreplacements. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order Agreement for cause pursuant to Section 1917. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its completion of remedial actions.

Appears in 1 contract

Samples: Purchase Order Terms and Conditions

Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order this Agreement in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming or defective Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order Agreement for cause pursuant to Section 19166. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the OrderAgreement, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

Appears in 1 contract

Samples: bengalmachine.com

Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery DateDate regardless if packing slip or bill of lading is signed confirming receipt of Goods. No such acknowledgement on a packing slip or bill of lading shall be serve as acceptance of the condition of such Goods. Buyer shall notify Seller in a reasonable time after the discovery of any Nonconforming Goods. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 1921. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

Appears in 1 contract

Samples: www.robinsoninc.com

Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goodsgoods, and may reject all or any portion of the Goods goods if it determines the Goods goods are nonconforming or defective. If Buyer rejects any portion of the Goodsgoods, Buyer has the right, effective upon written notice to SellerSupplier, to: (a) rescind the Order in its entirety; (b) accept the Goods goods at a reasonably reduced price; or (c) reject the Goods goods and require replacement of the rejected Goodsgoods. If Buyer requires replacement of the Goodsgoods, Seller Supplier shall, at its expense, promptly replace the nonconforming Goods goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goodsgoods. If Seller Supplier fails to timely deliver replacement Goodsgoods, Buyer Xxxxx may replace them with goods from a third party and charge Seller Supplier the cost thereof and terminate this Order for cause pursuant to Section 19cause. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's Supplier’s obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller Supplier has carried out its remedial actions.

Appears in 1 contract

Samples: Purchase Order Terms And

Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited towithout limitation, transportation charges for the return of the defective goods Goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 1910. Machined components requiring NDT are subject to rejection based on NDT results. If time does not permit the return of those Goods to the Seller, and Buyer is capable of performing the necessary rework, Seller will be responsible for additional costs of rework performed at Buyer’s facility at Buyer’s current production and material rates. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

Appears in 1 contract

Samples: www.jdmachine.com

Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it Buyer determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly within ten (10) days replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 1920. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's ’s obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

Appears in 1 contract

Samples: Krueger Steel

Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 1920. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's ’s obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

Appears in 1 contract

Samples: goldcreekfoods.com

Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19the Order. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

Appears in 1 contract

Samples: Purchase Order Terms and Conditions

Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Purchase Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming or defective Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate the Purchase Order and/or this Order Agreement for cause pursuant to Section 1917. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the OrderAgreement, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

Appears in 1 contract

Samples: Master Terms And

Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order this Agreement in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming or defective Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order Agreement for cause pursuant to Section 1917. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the OrderAgreement, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

Appears in 1 contract

Samples: Terms and Conditions of Purchase

Inspection and Rejection of Nonconforming Goods. The Buyer NRECA has the right right, in its sole determination, to inspect the Goods on or after the Delivery Date. BuyerNRECA, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer NRECA rejects any portion of the Goods, Buyer NRECA has the right, effective upon written notice to SellerSupplier, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer NRECA requires replacement of the Goods, Seller Supplier shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller Supplier fails to timely deliver replacement Goods, Buyer NRECA may replace them with goods from a third party and charge Seller Supplier the cost thereof and terminate this Order for cause pursuant to Section 1920. Any inspection or other action by Buyer NRECA under this Section shall not reduce or otherwise affect SellerSupplier's obligations under the Order, and Buyer NRECA shall have the right to conduct further inspections after Seller Supplier has carried out its remedial actions. For avoidance of doubt, under no circumstance, shall payment, whether in part of whole, constitute NRECA acceptance of the Goods.

Appears in 1 contract

Samples: Terms and Conditions

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Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (( c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19cause. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

Appears in 1 contract

Samples: www.sarecycling.com

Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly (and in any event within ten (10) days) replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 1921. In a case of imminent danger to any customer of Buyer or the end user of any products manufactured by Buyer incorporating the Goods, Buyer shall be entitled to remedy the defects at Buyer’s discretion and at Seller’s sole cost. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's ’s obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

Appears in 1 contract

Samples: General Purchase Order Terms

Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer Xxxxx shall have the right to conduct further inspections after Seller has carried out its remedial actions.

Appears in 1 contract

Samples: d1kri4kmdmdi3l.cloudfront.net

Inspection and Rejection of Nonconforming Goods. The Buyer Xxxxxx has the right to inspect the Goods on or after the Delivery Date. BuyerEndera, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer Endera rejects any portion of the Goods, Buyer Xxxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order this Agreement in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer Endera requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming or defective Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order Agreement for cause pursuant to Section 1917. Any inspection or other action by Buyer Endera under this Section shall not reduce or otherwise affect Seller's obligations under the OrderAgreement, and Buyer Endera shall have the right to conduct further inspections after Seller has carried out its remedial actions.

Appears in 1 contract

Samples: Endera Terms and Conditions of Purchase

Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to SellerManufacturer, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller Manufacturer shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and air freight or other expedited shipping for the delivery of replacement Goods. If Seller Manufacturer fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller Manufacturer the cost thereof and terminate this Order for cause pursuant to Section 19cause. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect SellerManufacturer's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller Manufacturer has carried out its remedial actions. Regardless of how Xxxxx decides to handle any nonconforming or rejected Goods, Manufacturer shall indemnify Buyer against any losses, claims, damages, and costs and expenses attributable to Manufacturer's failure to deliver conforming Goods.

Appears in 1 contract

Samples: www.svindustries.com

Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this the Order for cause pursuant to Section 1918. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's ’s obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

Appears in 1 contract

Samples: General Purchase Order Terms and Conditions

Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Datedelivery date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 1915. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

Appears in 1 contract

Samples: www.masterlock.biz

Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer Xxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods Goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods Goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19the Order. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

Appears in 1 contract

Samples: Purchase Order Terms and Conditions

Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. Payment with respect to the Goods shall not constitute acceptance. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, right to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller Vendor shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods Goods and the delivery of replacement Goods. If Seller Vendor fails to timely deliver replacement Goods, Buyer may replace them with goods Goods from a third party and charge Seller Vendor the cost thereof and terminate this the Order for cause pursuant to Section 1922. Any inspection or other action by Buyer under this Section 11 shall not reduce or otherwise affect Seller's Vendor’s obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller Vendor has carried out its remedial actions.

Appears in 1 contract

Samples: www.stateindustrial.com

Inspection and Rejection of Nonconforming Goods. The Buyer End-User has the right to inspect the Goods on or after the Delivery Date. BuyerThe End-User, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer the End-User rejects any portion of the Goods, Buyer Xxxxxx has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer Amicus requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19. Any inspection or other action by Buyer the End-User under this Section 10 shall not reduce or otherwise affect Seller's ’s obligations under the Order, and Buyer the End- User shall have the right to conduct further inspections after Seller has carried out its remedial actions.actions.‌

Appears in 1 contract

Samples: procureanalytics.com

Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a mutually agreed upon reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Xxxxx may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 1918. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

Appears in 1 contract

Samples: General Purchase Order

Inspection and Rejection of Nonconforming Goods. The Buyer PHD has the right to inspect the Goods on or after the Delivery Date. BuyerPHD, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer PHD rejects any portion of the Goods, Buyer PHD has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer PHD requires replacement of the Goods, Seller shall, at its expense, promptly within 15 days replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer PHD may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 1918. Any inspection or other action by Buyer PHD under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer PHD shall have the right to conduct further inspections after Seller has carried out its remedial actions.

Appears in 1 contract

Samples: purchasing.phdinc.com

Inspection and Rejection of Nonconforming Goods. The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order the Agreement for cause pursuant to Section 1911. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the OrderAgreement, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

Appears in 1 contract

Samples: Terms and Conditions of Purchase

Inspection and Rejection of Nonconforming Goods. The Buyer Aldevron has the right to inspect the Goods on or after the Delivery Date. BuyerAldevron, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer Aldevron rejects any portion of the Goods, Buyer Aldevron has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer Aldevron requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer Aldevron may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19. Any inspection or other action by Buyer Aldevron under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer Aldevron shall have the right to conduct further inspections after Seller has carried out its remedial actions.

Appears in 1 contract

Samples: www.aldevron.com

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