Inspection; Rejection a. In the event that Seller delivers defective or non-conforming Goods, Buyer shall have the option to: i) reject the entire lot, ii) perform 100% screening and accept only those Goods found to be conforming, or iii) rework defective or non-conforming Goods, while retaining all Buyer’s remedies, including cancelling this Order for default as provided for in the Article entitled “Termination for Default”. Buyer will notify Seller prior to any rework and/or sorting operations to be performed by Xxxxx. Buyer and Seller will agree on the costs that Seller will be liable for as a result of Xxxxx’s rework and/or sorting operations. If Buyer selects options i) or ii) above, Seller, at its own expense, shall ship conforming replacement Goods and provide a Return Material Authorization to Buyer within one (1) day of notification by Buyer of the selected option.
Inspection; Rejection. (a) Buyer will inspect each shipment of Product upon receipt to verify such shipment's conformity to the relevant Purchase Order, Laws, and Specifications as of the time the Product was delivered to Buyer. If Buyer determines that any portion or all of any shipment of the Product did not conform to the Purchase Order as of the time it was delivered to Buyer (each non-conforming Product , a " Defective Product" ), then Buyer shall be entitled to reject such portion or all of any shipment of Product that includes Defective Product. Buyer shall notify Supplier in writing if the shipment of Product includes Defective Product that existed at the time of the delivery of the Products to Buyer. Such notification shall be made as soon as reasonably practicable after discovery of the nonconformity, but not later than thirty (30) days after delivery of the Products. Such notice shall: (i) specify the reasons for rejection, and (ii) contain the testing results and methodology used to determined non-conformance of the Defective Product. If Buyer does not so reject the Products within thirty (30) days after delivery, Buyer shall be deemed to have accepted the Products. After notice of rejection is received by Supplier, Buyer shall cooperate with Supplier in determining whether such rejection is justified. Supplier shall notify Buyer as soon as reasonably possible, but not later than thirty (30) days after receipt of the notice from Buyer, whether it accepts Buyer' s basis for rejection. Notwithstanding anything to the contrary, if a portion or all of any shipment of Product has a latent defect that renders such Product a Defective Product prior to the expiry date of such Product and that (a) was not reasonably discoverable within the inspection period specified in this Section 3.2 an (b) was attributable to Supplier' s manufacture and/or supply and (iii) did not occur after receipt of such Product by Buyer as described in Section 3.2 (each such defect, a " Latent Defect" ), Buyer shall promptly, and in no event more than twenty (20) days after the discovery or notification of such Latent Defect, notify Supplier of such Latent Defect. If Supplier accepts Buyer's determination that the Product is a Defective Product or that the Product contain s a Latent Defect, then Buyer shall be entitled to the remedies set forth in Section 6.4 hereof. If Supplier does not accept Buyer's determination that the Product is a Defective Product or that the Product contains a Latent Defect,...
Inspection; Rejection. Payment for the goods ordered hereunder shall not constitute acceptance thereof. Buyer’s employees or agents may, prior to delivery and upon reasonable notice, at any reasonable time during Seller’s normal business hours, enter Seller’s premises (or any other location) to inspect and test the goods, for the purpose of confirming Seller’s compliance with the requirements of the Contract. Seller shall, at its expense, furnish or cause to be furnished facilities, equipment and assistance reasonably necessary to ensure the safety and convenience of any such inspections. Buyer has the unilateral right to reject goods (or tender thereof) that do not conform strictly to Buyer’s specifications (Novelis applicable Metal Specifications provided upon request) or other requirements set forth in the Contract, without waiving Buyer’s right subsequently to reject or revoke acceptance of such goods for any defects. With respect to any nonconforming goods, Buyer may, at any time and in its sole discretion, in addition to any other rights or remedies available to Buyer by law or under the Contract, (i) return any such goods to Seller for reimbursement, credit, replacement, or repair, at Buyer’s direction, or (ii) correct, rework, or repair any such goods with any and all costs and damages associated therewith to be charged to and paid by Seller. Any goods rejected by Xxxxx and returned to Seller will be returned at Seller’s risk and expense, with the cost of damages, repackaging, reshipping, handling, inspection, loading, unloading and any other costs incidental thereto to be paid by Xxxxxx. If goods are rejected by Xxxxx, Seller shall also be responsible for any third party damages resulting from the return of any such goods to Seller for reimbursement, credit, replacement, or repair, or (ii) the correction, reworking, reuse or repair of any such goods. In no event shall the inspection or testing of any goods, the failure to do so, or the failure to discover any defect or other nonconformance before or after delivery to Buyer, relieve Seller from exclusive responsibility for furnishing goods in strict conformance with Buyer’s specifications and other requirements or impair or waive any right or remedy of Buyer with respect to Seller’s performance hereunder.
Inspection; Rejection. 6.5.1 The Seller or its designated representative shall inspect the Equipment at the loading port for quality assurance. The Buyer will have the right to be present at the time of such inspection, and the Seller shall provide Buyer with reasonable prior notice of any such inspection.
Inspection; Rejection. All Purchased Goods/Services shall be delivered subject to inspection by the University within a reasonable time. Payment by the University shall not constitute acceptance by the University as to quality or quantity. If any Purchased Goods/Services are rejected by the University on reasonable grounds, the Supplier shall forthwith replace or repair the relevant goods or properly perform the services at its own cost. The Supplier will bear the cost of any inspection of Purchased Goods/Services where such inspection leads to a rejection by the University.
Inspection; Rejection. (a) Any Devices shipped hereunder shall be received by Amylin subject to inspection and testing by Amylin in accordance with a mutually agreed upon protocol to ensure, to the extent possible, that such Devices meet the Specifications and otherwise comply with the warranties provided in Section 9.7 of this Agreement. Amylin shall be allowed a maximum of forty-five (45) days from the date of receipt of any shipment for inspection and provision of written notice to Lilly of rejection of any portion or all of that shipment (“Inspection Period”). If Amylin does not deliver such written notice to Lilly within such Inspection Period, Amylin shall be deemed to have accepted the shipment, except in the case of Latent Defects.
Inspection; Rejection. All Goods are subject to DynaIndustrial’s inspection and acceptance on delivery. If rejected, the Goods will be held for disposal at Supplier’s risk and expense. No payment, inspection or acceptance of any part or all of the Goods will relieve Supplier from full responsibility of furnishing Goods conforming to the requirements of the Purchase Order.
Inspection; Rejection. All goods and/or services furnished hereunder shall be subject to inspection, and Supplier shall be given notice of any defects other than latent defects within a reasonable time after receipt of the goods or provision of the services, as the case may be. Purchaser may reject or require the prompt correction, in place or otherwise, of any goods or services which are found not to conform in all respects to
Inspection; Rejection. Xxxxxxx shall inspect, perform its quality assurance tests, and accept or reject, the corresponding batch as conforming or non-conforming with the Product Specifications [*], the timely resolution of all error and deviation records and if, applicable, batch samples. If Xxxxxxx rejects the batch as being non-conforming, it shall promptly notify Pfizer. If, as a result of further review and testing, Pfizer determines that the batch does conform to the Product Specifications or is otherwise not defective, the Parties shall mutually confer to find the root cause of the disagreement regarding batch non-conformity. If the Parties do not agree that a non-conformity exists, the Parties shall then submit samples of such batch to an independent laboratory acceptable to both Parties as further provided in Section 5.8(f).
