INSPECTION; REJECTION; ACCEPTANCE Sample Clauses

INSPECTION; REJECTION; ACCEPTANCE. All items covered by this order may be inspected and tested by Buyer or its designee, at all reasonable times and places. Seller shall provide, without additional charge, all reasonable facilities and assistance for such inspections and tests. All inspection records relating to items covered by this order shall be available to Buyer during the performance of this order and for such longer periods as specified by Buyer in its acceptance of the inspection procedures. The material furnished hereunder shall have zero defects, and Xxxxxx has the obligation to properly inspect such items prior to delivery to Buyer. If any items covered by this order are defective or otherwise not in conformity with the requirements of this order, Buyer may, (i) rescind this order as to such items; (ii) accept such items at an equitable reduction in price; or (iii) reject such items and require the delivery of replacements. Deliveries of replacements shall be accompanied by a written notice specifying that such items are replacements. If Seller fails to deliver required replacements promptly, Buyer may (i) replace, obtain or correct such items and charge Seller the cost occasioned Buyer thereby, or (ii) terminate this order for cause as provided in Article 16(b). Material rejected is to be returned to Seller, at Seller’s expense, for transportation both ways.
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INSPECTION; REJECTION; ACCEPTANCE. AlgoRx may reject Gas Cylinders that are defective or that do not conform to the Gas Cylinder Specification or Packaging Specification ("DEFECTIVE PRODUCTS") by giving written notice to PowderJect, within eighteen (18) Business Days of receipt by AlgoRx of such Defective Products, which notice (i) states that there are defects in the Gas Cylinders introduced prior to delivery that cause such Gas Cylinders to be defective or not conform to the Gas Cylinder Specification or Packaging Specification, and (ii) identifies in reasonable detail the nature of the defect and the basis for AlgoRx's determination as to the nature of the defect. If AlgoRx fails to so notify PowderJect of any Defective Products within such eighteen (18) Business Day period, AlgoRx will be deemed to have accepted the Gas Cylinders, subject to Section 3.3(b), and except for claims for indemnification pursuant to Section 7.1 or breach of warranty under Section 6.2(a).
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INSPECTION; REJECTION; ACCEPTANCE. After Conor receives a shipment of Product from Phytogen, Conor shall promptly test the Product in such shipment in accordance with the acceptance tests (including analytical methods) set forth in the Product Specifications to confirm that such Product conform to the Product Specifications. At Conor’s request, Phytogen shall transfer to Conor any assays, methods, or other technical information reasonably necessary to enable Conor to perform such acceptance tests. Conor may reject any or all Product that (i) is adulterated or misbranded within the meaning of the FD&C Act, or (ii) does not conform with the Product Specifications (“Defective Product”), by giving written notice to Phytogen within [*] days after delivery of the Product to the delivery destination set forth in the applicable firm order, which notice shall identify in reasonable detail the nature of the defect and shall provide a copy of all test methods, raw data, final results and give Phytogen access to all technical personnel involved in the testing. If Conor fails to give such notice to Phytogen within such time period, Conor will be deemed to have accepted the Product and to have released Phytogen from any claim with respect to such Defective Product subject to Sections 6.6, 6.7 and 8.5.
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INSPECTION; REJECTION; ACCEPTANCE. (a) All items, including without limitation raw materials, components, services, intermediate assemblies, end products and data, shall be subject to inspection and test by AIXTRON, Inc. and/or its customer to the extent practicable at all times and places at AIXTRON, Inc.’s discretion, including the period of manufacture, and in any event prior to final acceptance. (b) If any items are defective in material or workmanship or otherwise not in conformity with the requirements of this Order, AIXTRON, Inc. shall have the right either to reject them, with or without instructions as to their disposition, or to require their correction or to require their replacement. Items which have been rejected or required to be corrected shall be removed or, if permitted or required by AIXTRON, Inc., corrected by and at the expense of Seller promptly after notice, and shall not thereafter be tendered for acceptance
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INSPECTION; REJECTION; ACCEPTANCE. 9.1 The acceptance, inspection or payment of the goods by MUSASHI EUROPE shall not be deemed as approval without reservation and shall not release Supplier from the contractual obligations, commitments and warranties.
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INSPECTION; REJECTION; ACCEPTANCE. Within thirty (30) days after the delivery by Shionogi of Licensed Products to Peninsula, Peninsula shall conduct acceptance tests with respect to quality and quantity as set forth in the Quality Memorandum. Peninsula may reject Licensed Products that are (i) adulterated or misbranded within the meaning of the FD&C Act, (ii) not prepared in compliance with GMP or other applicable laws or regulations, (iii) not in conformance with the Specifications, or (iv) are damaged or broken ("DEFECTIVE PRODUCTS"), or may notify Shionogi of any shortage of Licensed Products with respect to the quantity delivered, by giving written notice to Shionogi within thirty (30) days after delivery of the Licensed Products to the delivery destination set forth in the applicable firm order, which notice shall identify in reasonable detail the nature of the defect or shortage. If Peninsula fails to give such notice to Shionogi within the said time period, Peninsula will be deemed to have accepted the Licensed Products and to have released Shionogi from any claim with respect to such Defective Products, subject to Section 3.8(b), and except for claims for indemnification pursuant to Section 7.1(a).
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Related to INSPECTION; REJECTION; ACCEPTANCE

  • Inspection; Acceptance The Contractor (immixTechnology, Inc.) can only, and shall only tender for acceptance those items that substantially conform to the software manufacturer’s (“Dassault Systemes Americas Corp.”) published specifications. Therefore, items delivered shall be considered accepted upon delivery. The Government reserves the right to inspect or test any supplies or services that have been delivered. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

  • CONTRACT ACCEPTANCE By acceptance of this order, Xxxxxx agrees that the scope of the work required is understood by Xxxxxx; that there are no informal commitments by Buyer that in any way affect the work under this order; that there are no open or unresolved issues related to this order except as explicitly stated herein; and that Xxxxxx therefore understands and agrees that this order states the complete agreement of the parties. COST ACCOUNTING STANDARDS (CAS) CAS requirements do not apply if the order does not exceed $650,000 or if the Seller claims an exemption per the Proposal Representation and Certification, or if certified cost or pricing data was not provided.

  • Acceptance; Rejection A holder of Notes may accept the offer to prepay made pursuant to this Section 8.3 by causing a notice of such acceptance to be delivered to the Company not later than 15 days after receipt by such holder of the most recent offer of prepayment. A failure by a holder of Notes to respond to an offer to prepay made pursuant to this Section 8.3 shall be deemed to constitute a rejection of such offer by such holder.

  • Order Acceptance All orders are subject to acceptance only at Seller’s facility in Farmington, Connecticut. These Terms of Sale shall be deemed accepted by Buyer upon Seller’s receipt of Purchase Order from Buyer. No condition stated by Buyer shall be binding upon Seller if in conflict with, inconsistent with or in addition to the Terms of Sale, unless expressly accepted in a writing signed by Seller. In the event of conflict or differences in the terms or conditions of Buyer’s Purchase Order and the Terms of Sale herein, the Terms of Sale shall govern.

  • Inspection and Rejection of Nonconforming Goods (a) Buyer shall inspect the goods within five 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 documentation reasonably required by Seller. “

  • PRODUCT ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor in the Authorized User Agreement, Authorized User(s) shall have sixty (60) days from the date of delivery to accept all Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Title or other property interest and risk of loss shall not pass from Contractor to the Authorized User until the Products have been accepted. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty

  • INSPECTION AND ACCEPTANCE (a) LOCKHEED XXXXXX and its customer may inspect all Work at reasonable times and places, including, when practicable, during manufacture and before shipment. SELLER shall provide all information, facilities, and assistance necessary for safe and convenient inspection without additional charge.

  • ACCEPTANCE/REJECTION/CANCELLATION The County reserves the right to accept or to reject any or all bids and to make the award to that bidder who, in the opinion of the County, will be in the best interest of and/or the most advantageous to the County. The County also reserves the right to reject the bid of any bidder who has previously failed in the proper performance of an award or to deliver on time contracts of a similar nature or who, in the County’s opinion, is not in a position to perform properly under this award. The County reserves the right to inspect all facilities of bidders in order to make a determination as to the foregoing. The County reserves the right to waive any irregularities and technicalities and may, at its discretion, request a re- bid. Award will be made to the lowest responsive and responsible bidder as determined by the County. The County reserves the right, and the Manager, Procurement Division has absolute and sole discretion, to cancel a solicitation at any time prior to approval of the award by the Board of County Commissioners when such approval is required. The decision to cancel a solicitation cannot be the basis for a protest pursuant to the Orange County Code.

  • ACCEPTANCE TESTS 11.1 If the Contract provides acceptance tests for Goods and/or the result of Services after their completion and/or delivery to the Purchaser, the acceptance shall only be considered as definitive when such tests have demonstrated the compliance of the Goods and/or the result of the Services to the requirements in the Contract.

  • Required Acceptance of Daily Load Deliveries and Notification If the State is harmed by purchaser’s refusal to accept up to 10 truck deliveries of any one sort per day, Purchaser will be in breach of contract and subject to damages as per the D-026.2 and D-027.2 clauses. A truck delivery is all the wood delivered including sorts on super trucks, mule trains and pups brought to the delivery point by a single truck. The Purchaser shall notify the Contract Administrator at least 48 hours in advance if:

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