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

Inspection and Rejection of Nonconforming Goods. Buyer shall inspect the Goods within seven (7) days of receipt (“Inspection Period”). Xxxxx will be deemed to have accepted the Goods unless it notifies Seller in writing of any Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as reasonably required by Seller. “Nonconforming Goods” means only the following: (i) Goods shipped are different than identified in this Agreement; (ii) Goods’ label or packaging incorrectly identifies its contents; or (iii) Goods not in accordance with Section 9 of these Terms. If Buyer timely notifies Seller of any Nonconforming Goods, Seller shall, at its election, (i) replace such Nonconforming Goods with conforming Goods, or (ii) credit or refund the Price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the Nonconforming Goods to Seller’s Facility identified by Seller. If Seller exercises its option to replace Nonconforming Goods, Seller shall, after receiving Buyer’s shipment of Nonconforming Goods, ship to Buyer, at Buyer’s expense and risk of loss, the replaced Goods to the Delivery Point. Xxxxx acknowledges and agrees that the remedies set forth in this Section 4 are Xxxxx’s exclusive remedies for the delivery of Nonconforming Goods. Except as provided under Section 5, all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.

Inspection and Rejection of Nonconforming Goods. Buyer shall inspect the Goods within seven three (73) days of receipt (“Inspection Period”). Xxxxx will be deemed to have accepted the Goods unless it notifies Seller in writing of any Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as reasonably required by Seller. “Nonconforming Goods” means only the following: (i) Goods product shipped are is different than identified in this AgreementBuyer’s purchase order; or (ii) Goods’ product’s label or packaging incorrectly identifies its contents; or (iii) Goods not in accordance with Section 9 of these Terms. If Buyer timely notifies Seller of any Nonconforming Goods, Seller shall, at in its electionsole discretion, (i) replace such Nonconforming Goods with conforming Goods, or (ii) credit or refund the Price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the Nonconforming Goods to Seller’s Facility identified by Sellerfacility located at 0000 Xxxxxxxx Xxxx, Xxxxxxxx Xxxx, Xxxxxxx 00000. If Seller exercises its option to replace Nonconforming Goods, Seller shall, after receiving Buyer’s shipment of Nonconforming Goods, ship to Buyer, at Buyer’s expense and risk of loss, the replaced Goods to the Delivery Origin Point. Xxxxx acknowledges and agrees that the remedies set forth in this Section 4 the preceding sentence are Xxxxx’s exclusive remedies for the delivery of Nonconforming Goods. Except , and except as provided under Section 5the preceding sentence, all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.

Inspection and Rejection of Nonconforming Goods. Buyer shall inspect the Goods within seven five (75) days of receipt (“"Inspection Period”"). Xxxxx Buyer will be deemed to have accepted the Goods unless it notifies Seller in writing of any Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as reasonably required by Seller. “"Nonconforming Goods” " means only the following: (i) Goods product shipped are is different than identified in this AgreementBuyer's purchase order; or (ii) Goods’ product's label or packaging incorrectly identifies its contents; or (iii) Goods not in accordance with Section 9 of these Terms. If Buyer timely notifies Seller of any Nonconforming Goods, Seller shall, at in its electionsole discretion, (i) replace such Nonconforming Goods with conforming Goods, or (ii) credit or refund the Price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, ship the Nonconforming Goods to Seller’s Facility identified by Seller's facility in the Sales Confirmation. If Seller exercises its option to replace Nonconforming Goods, Seller shall, after receiving Buyer’s 's shipment of Nonconforming Goods, ship to Buyer, at Buyer’s expense and risk of loss, Buyer the replaced Goods to the Delivery Point. Xxxxx Buyer acknowledges and agrees that the remedies set forth in this Section 4 are Xxxxx’s Buyer's exclusive remedies for the delivery of Nonconforming Goods. Except as provided under Section 5this Section, all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.

Inspection and Rejection of Nonconforming Goods. Buyer shall inspect the Goods within seven (7) days of receipt (“Inspection Period”). Xxxxx Buyer will be deemed to have accepted the Goods unless it notifies Seller in writing of any Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as reasonably required by Seller. “Nonconforming Goods” means only the following: (i) Goods shipped are different than identified in this Agreement; (ii) Goods’ label or packaging incorrectly identifies its contents; or (iii) Goods not in accordance with Section 9 of these Terms. If Buyer timely notifies Seller of any Nonconforming Goods, Seller shall, at its election, (i) replace shall repair such Nonconforming Goods with conforming Goods, or (ii) credit or refund the Price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewiththat they do conform. Buyer shall ship, at its expense and risk of loss, the Nonconforming Goods to Seller’s Facility identified by Seller. If Seller exercises its option to replace Nonconforming Goods, Seller shall, after receiving Buyer’s shipment of Nonconforming Goods, ship to Buyer, at Buyer’s expense and risk of loss, the replaced repaired Goods to the Delivery Point. Xxxxx Buyer acknowledges and agrees that the remedies set forth in this Section 4 3 are XxxxxBuyer’s exclusive remedies for the delivery of Nonconforming Goods. Except as provided under Section 5, all All sales of Goods to Buyer are made on a one-one- way basis and Buyer has no right to return Goods purchased under this Agreement to Seller. Buyer specifically agrees that any right or remedy of rejection or revocation is hereby waived by Buyer.

Inspection and Rejection of Nonconforming Goods. Buyer shall inspect the Goods within seven fifteen (715) days of receipt (“"Inspection Period”"). Xxxxx will be deemed to have accepted the Goods unless it notifies Seller in writing of any Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as reasonably required by Seller. “"Nonconforming Goods” " means only the following: (i) Goods product shipped are is different than identified in this Agreementthe Sales Order Acknowledgement; or (ii) Goods’ product's label or packaging incorrectly identifies its contents; or (iii) Goods not in accordance with Section 9 of these Terms. If Buyer timely notifies Seller of any Nonconforming Goods, Seller shall, at in its electionsole discretion, (i) replace such Nonconforming Goods with conforming Goods, or (ii) credit or refund the Price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the Nonconforming Goods to Seller’s Facility identified by Seller's facility located at Lake Mary, Florida. If Seller exercises its option to replace Nonconforming Goods, Seller shall, after receiving Buyer’s 's shipment of Nonconforming Goods, ship to Buyer, at Buyer’s 's expense and risk of loss, the replaced Goods to the Delivery Point. Xxxxx acknowledges and agrees that the remedies set forth in this Section 4 section are Xxxxx’s 's exclusive remedies for the delivery of Nonconforming Goods. Except as provided under Section 5, all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.

Inspection and Rejection of Nonconforming Goods. Buyer shall inspect the Goods within seven (7) days of upon receipt (“Inspection Period”). Xxxxx will be deemed to have accepted the Goods unless it notifies Seller in writing of any Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as reasonably required by Seller. “Nonconforming Goods” means only the following: (i) Goods product shipped are is different than identified in this AgreementBuyer’s purchase order; or (ii) Goods’ product’s label or packaging incorrectly identifies its contents; or (iii) Goods not in accordance with Section 9 of these Terms. If Buyer timely notifies Seller of any Nonconforming Goods, Seller shall, at in its electionsole discretion, (i) replace such Nonconforming Goods with conforming Goods, or (ii) credit or refund the Price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the Nonconforming Goods to Seller’s Facility identified by Sellerdesignated facility. If Seller exercises its option to replace Nonconforming Goods, Seller shall, after receiving Buyer’s shipment of Nonconforming Goods, ship to Buyer, at Buyer’s expense and risk of loss, the replaced Goods to the Delivery Point. Xxxxx acknowledges and agrees that the remedies set forth in this Section 4 are Xxxxx’s exclusive remedies for the delivery of Nonconforming Goods. Except as provided under Section 5this Section, all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.

Inspection and Rejection of Nonconforming Goods. Buyer shall has the right to inspect the Goods within seven (7) days on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of receipt (“Inspection Period”). Xxxxx will be deemed to have accepted the Goods, and may reject all or any portion of the Goods unless if it notifies Seller in writing determines the Goods are nonconforming or defective. If Buyer rejects any portion of any Nonconforming Goods during the Inspection Period and furnishes such Goods, Buyer has, at its sole option, the right, effective upon written evidence or other documentation as reasonably required by notice to Seller. “Nonconforming Goods” means only the following, to: (ia) Goods shipped are different than identified rescind the Agreement and/or cancel the relevant Purchase Order in this Agreementits entirety; (iib) accept the Goods at a reasonably reduced price; (c) reject the Goods and require replacement of the rejected Goods’ label or packaging incorrectly identifies its contents; (d) seek specific performance of Seller’s obligation to deliver; or (iiie) Goods not pursue any action or remedy in accordance with Section 9 of these Termslaw or equity. If Buyer timely notifies Seller requires replacement of any Nonconforming the Goods, Seller shall, at its electionexpense, (i) promptly replace such Nonconforming the nonconforming or defective Goods with conforming 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, or (ii) credit or refund the Price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the Nonconforming Goods to Seller’s Facility identified by Seller. If Seller exercises its option fails to replace Nonconforming timely deliver replacement Goods, Xxxxx may replace them with Goods from a third party and charge Seller shall, after receiving Buyer’s shipment of Nonconforming Goods, ship the cost thereof and terminate the Agreement and/or the relevant Purchase Order for cause pursuant to Buyer, at Buyer’s expense and risk of loss, the replaced Goods to the Delivery PointSection 17(a)(v). Xxxxx acknowledges and agrees that the remedies set forth in Any inspection or other action by Buyer under this Section 4 are Xxxxxshall not reduce or otherwise affect Seller’s exclusive remedies for obligations under the delivery of Nonconforming Goods. Except as provided under Section 5Agreement, all sales of Goods to Buyer are made on a one-way basis and Buyer has no shall have the right to return conduct further inspections after Seller has carried out its remedial actions. Any payments for Goods purchased under this Agreement made prior to Selleracceptance shall not constitute an acceptance of such Goods or impair any remedies of Buyer.

Inspection and Rejection of Nonconforming Goods. Buyer (a) Customer shall inspect the Goods upon receipt within seven five (75) days of receipt (“"Inspection Period”"). Xxxxx Customer will be deemed to have accepted the Goods unless it notifies Seller Xxxxxx-Xxxxxx in writing of any Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as reasonably required by SellerXxxxxx-Xxxxxx. “"Nonconforming Goods” " means only the following: (i) Goods product shipped are is different than identified in this AgreementCustomer's purchase order; or (ii) Goods’ product's label or packaging incorrectly identifies its contents; or . (iiib) Goods not in accordance with Section 9 of these Terms. If Buyer Customer timely notifies Seller Xxxxxx-Xxxxxx of any Nonconforming Goods, Seller Xxxxxx-Xxxxxx shall, at in its electionsole discretion, (i) replace such Nonconforming Goods with conforming Goods, or (ii) credit or refund the Price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer Customer in connection therewith. Buyer Customer shall ship, at its expense and risk of loss, the Nonconforming Goods to Seller’s Facility identified by SellerXxxxxx-Xxxxxx'x plant. If Seller Xxxxxx-Xxxxxx exercises its option to replace Nonconforming Goods, Seller Xxxxxx-Xxxxxx shall, after receiving Buyer’s Customer's shipment of Nonconforming Goods, ship to BuyerCustomer, at Buyer’s Customer's expense and risk of loss, the replaced Goods to the Delivery Point. Xxxxx (c) Customer acknowledges and agrees that the remedies set forth in this Section 4 8(b) are Xxxxx’s Customer's exclusive remedies for the delivery of Nonconforming Goods. Except as provided under Section 58(b), all sales of Goods to Buyer Customer are made on a one-way basis and Buyer Customer has no right to return Goods purchased under this Agreement to SellerXxxxxx-Xxxxxx.

Inspection and Rejection of Nonconforming Goods. This provision is meant to override anything to the contrary in Florida’s Uniform Commercial Code. Buyer shall inspect the Goods goods within seven five (75) days of receipt (the “Inspection Period”). Xxxxx Buyer will be deemed to have irrevocably accepted the Goods goods unless it notifies Seller in writing of any Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as reasonably required by SellerSeller during the Inspection Period. Seller shall also have the right to fully inspect any good claimed nonconforming or damaged before making a final determination of the claim including restocking fees. The Parties agree that “Nonconforming Goods” means only the following: (i) Goods shall refer to products shipped that are different than identified the products contemplated in this Agreement; (ii) Goods’ the Agreement and Sales Order Process documents, or products whose label or packaging incorrectly identifies its contents; them. After acceptance, Buyer shall have no right to reject the Goods for any reason or (iii) Goods not in accordance with Section 9 of these Termsrevoke acceptance. If Buyer timely notifies Seller of any Nonconforming Goods, Seller shall, at in its electionsole discretion, (i) replace such Nonconforming Goods with conforming Conforming Goods, or (ii) credit or refund the Price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the Nonconforming Goods to directly Seller’s Facility identified facility; provided, however, that written consent is required by Seller for Buyer to return said Goods, and no replacement is allowed for nonconforming goods returned without such prior written consent by Seller. If written consent is not obtained prior to shipment, the goods shall be refused and returned to Buyer at Buyer’s cost. Buyer’s failure to comply with this Section 11 shall result in Buyer’s claim for return deemed conclusively abandoned. If Seller exercises its option to replace Nonconforming Goods, Seller shall, after receiving Buyer’s shipment of Nonconforming Goods, ship make the replacement goods available EXW, Neo Broadband, Inc., Doral, FL, United States (Incoterms® 2000) to Buyer, at Buyer’s expense and risk of loss, the replaced Goods to the Delivery Point. Xxxxx Buyer acknowledges and agrees that the remedies set forth in this Section 4 herein are XxxxxBuyer’s exclusive remedies for the delivery of Nonconforming Goods. Except as provided under Section 5herein, all sales of Goods goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.

Inspection and Rejection of Nonconforming Goods. The Buyer shall has the right to inspect the Goods within seven (7) days of receipt (“Inspection Period”)on or after the Delivery Date. Xxxxx will be deemed to have accepted Buyer may, upon reasonable notice, inspect the Goods unless 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 notifies Seller in writing determines the Goods are nonconforming or defective. If Buyer rejects any portion of any Nonconforming Goods during the Inspection Period and furnishes such Goods, Xxxxx has the right, effective upon written evidence or other documentation as reasonably required by notice to Seller. “Nonconforming Goods” means only the following, to: (ia) Goods shipped are different than identified rescind the Order in this Agreementits entirety; (iib) Goods’ label or packaging incorrectly identifies its contentsaccept the Goods at a reasonably reduced price; or (iiic) reject the Goods not in accordance with Section 9 and require replacement of these Termsthe rejected Goods. If Buyer timely notifies Seller requires replacement of any Nonconforming the Goods, Seller shall, at its electionexpense, (i) within 4 days replace such Nonconforming the nonconforming Goods with conforming 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, or (ii) credit or refund the Price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the Nonconforming Goods to Seller’s Facility identified by Seller. If Seller exercises its option fails to timely deliver replacement Goods, Xxxxx may replace Nonconforming them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 20. If Xxxxx rejects any portion of the Goods, Seller shall, after receiving Buyermust perform a root cause analysis to determine why the Goods did not meet Xxxxx’s shipment of Nonconforming Goods, ship to Buyer, at Buyer’s expense and risk of loss, specifications as identified in the replaced Goods to the Delivery PointOrder. Xxxxx acknowledges and agrees that the remedies set forth in Any inspection or other action by Buyer under this Section 4 are Xxxxx’s exclusive remedies for shall not reduce or otherwise affect Seller's obligations under the delivery of Nonconforming Goods. Except as provided under Section 5Order, all sales of Goods to Buyer are made on a one-way basis and Buyer has no shall have the right to return Goods purchased under this Agreement to Sellerconduct further inspections after Seller has carried out its remedial actions.

Inspection and Rejection of Nonconforming Goods. Buyer shall inspect the Goods within seven (7) 5 days of receipt delivery in accordance with the Shipping Terms (“"Inspection Period”"). Xxxxx will be deemed to have accepted the Goods unless it notifies Seller in writing of any Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as reasonably required by Seller. “"Nonconforming Goods” means only " refers to goods delivered that do not match the following: (i) description of the Goods shipped are different than identified in this Agreement; (ii) Goods’ label or packaging incorrectly identifies its contents; or (iii) Goods not in accordance with Section 9 of these Termsthe Sales Confirmation. If Buyer timely notifies Seller within the Inspection Period of any Nonconforming Goods, Seller shall, at in its electionsole discretion, (i) replace such Nonconforming Goods with conforming Goods, or (ii) credit or refund the Price paid for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the Nonconforming Goods to Seller’s Facility identified a location specified by Seller. If Seller exercises its option to replace Nonconforming Goods, Seller shall, after receiving Buyer’s 's shipment of Nonconforming Goods, ship to Buyer, at Buyer’s 's expense and risk of loss, the replaced Goods to the Delivery Point. Xxxxx acknowledges and agrees that the remedies set forth in this Section 4 are Xxxxx’s exclusive remedies for the delivery of Nonconforming Goods. Except as provided under Section 5, all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to SellerBUYER ACKNOWLEDGES AND AGREES THAT THE REMEDIES SET FORTH IN SECTION 6 ARE BUYER'S EXCLUSIVE REMEDIES.