Common use of Inspection; Rejection Clause in Contracts

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. Payment CareDx shall inspect all the Supplied Products for obvious physical damage upon receipt thereof, and shall note any such damage, including on a lot-by-lot basis based on samples from any such lot, on all accompanying shipping and other carrier documents, and CareDx shall notify Illumina of any such damage within 15 days of receipt by CareDx. Any Supplied * Confidential Treatment Requested Product not rejected within the goods ordered hereunder 15-day period shall not constitute acceptance thereofbe deemed accepted. BuyerTo reject a Supplied Product, CareDx shall notify Illumina in writing of its rejection and request a Returned Material Authorization (“RMA”), and shall comply with Illumina’s employees repair and return procedures as provided by Illumina to CareDx, as may be amended by Illumina for all (but a copy of which need only be distributed to all or agents maysubstantially all) of its customers from time to time but will be commercially reasonable at all times. Within 10 days of receipt of the RMA number, prior CareDx shall return to delivery and upon reasonable noticeIllumina the rejected Supplied Product, at any reasonable time during Seller’s normal business hoursfreight prepaid, enter Seller’s premises (or any other location) to inspect and test the goods, for the purpose of confirming Seller’s compliance in its original shipping carton with the requirements RMA number displayed on the outside of the Contractcarton. Seller Illumina reserves the right to refuse to accept any rejected Supplied Products that do not bear an RMA number on the outside of the carton. Upon receipt by Illumina of properly rejected Supplied Products, Illumina shall, at its option and expense, furnish either repair or cause replace the returned Supplied Products as promptly as possible given the applicable Lead Times. Shipment of such repaired or replacement Products to CareDx shall be furnished facilitiesat Illumina’s expense. For the avoidance of doubt, equipment non-compliance with Illumina’s repair and assistance reasonably necessary return procedures will not limit, modify, or condition, or act as a waiver of, Illumina’s obligations under this Subsection (g) unless Illumina provided written notice to ensure CareDx of its non-compliance and CareDx failed to remedy its non-conformance within a reasonable amount of time given the safety applicable Lead Times. To the extent there is any conflict or inconsistency between this Agreement and convenience of the RMA, this Agreement will govern. In addition, 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 Supplied Products will not, and will not be deemed to, waive or affect any rights CareDx may have under the warranties for any defects. With respect to any nonconforming goods, Buyer may, at any time and in its sole discretion, in addition to such Supplied Products or 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 CareDx with respect to Seller’s performance hereundersuch Supplied Products under this Agreement or at law or in equity.

Inspection; Rejection. Payment CareDx shall inspect all the Supplied Products for obvious physical damage upon receipt thereof, and shall note any such damage, including on a lot-by-lot basis based on samples from any such lot, on all accompanying shipping and other carrier documents, and CareDx shall notify Illumina of any such damage within 15 days of receipt by CareDx. Any Supplied Product not rejected * Confidential Treatment Requested within the goods ordered hereunder 15-day period shall not constitute acceptance thereofbe deemed accepted. BuyerTo reject a Supplied Product, CareDx shall notify Illumina in writing of its rejection and request a Returned Material Authorization (“RMA”), and shall comply with Illumina’s employees repair and return procedures as provided by Illumina to CareDx, as may be amended by Illumina for all (but a copy of which need only be distributed to all or agents maysubstantially all) of its customers from time to time but will be commercially reasonable at all times. Within 10 days of receipt of the RMA number, prior CareDx shall return to delivery and upon reasonable noticeIllumina the rejected Supplied Product, at any reasonable time during Seller’s normal business hoursfreight prepaid, enter Seller’s premises (or any other location) to inspect and test the goods, for the purpose of confirming Seller’s compliance in its original shipping carton with the requirements RMA number displayed on the outside of the Contractcarton. Seller Illumina reserves the right to refuse to accept any rejected Supplied Products that do not bear an RMA number on the outside of the carton. Upon receipt by Illumina of properly rejected Supplied Products, Illumina shall, at its option and expense, furnish either repair or cause replace the returned Supplied Products as promptly as possible given the applicable Lead Times. Shipment of such repaired or replacement Products to CareDx shall be furnished facilitiesat Illumina’s expense. For the avoidance of doubt, equipment non-compliance with Illumina’s repair and assistance reasonably necessary return procedures will not limit, modify, or condition, or act as a waiver of, Illumina’s obligations under this Subsection (g) unless Illumina provided written notice to ensure CareDx of its non-compliance and CareDx failed to remedy its non-conformance within a reasonable amount of time given the safety applicable Lead Times. To the extent there is any conflict or inconsistency between this Agreement and convenience of the RMA, this Agreement will govern. In addition, 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 Supplied Products will not, and will not be deemed to, waive or affect any rights CareDx may have under the warranties for any defects. With respect to any nonconforming goods, Buyer may, at any time and in its sole discretion, in addition to such Supplied Products or 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 CareDx with respect to Seller’s performance hereundersuch Supplied Products under this Agreement or at law or in equity.

Inspection; Rejection. Payment At Buyer’s option, Buyer may (a) approve any plans and specifications for the goods ordered hereunder shall not constitute acceptance thereof. Buyer’s employees or agents may, prepared by Seller prior to delivery and upon reasonable noticeSeller commencing manu facture, 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 assembly and/or production of the Contractgoods and (b) inspect the goods during manufacture, assembly and/or production.All goods are subject to final inspection and approval by Buyer as to quality of material and workmanship; conformance to specifications, drawings, notes, instructions, engineering notes, technical data and/or samples supplied by Buyer (“data”); and general acceptability of goods. Seller shall, Final inspection shall be 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 specified delivery site unless otherwise agreed 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 writing.Without limiting 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 repairit may have Buyer, at Buyer’s directionoption, may (a) hold, at Seller’s expense subject to Seller’s disposal all rejected goods, (b) return all rejected goods to Seller at Seller’s expense, including transportation and handling costs, (c) require Seller to repair or replace at Seller’s expense any rejected goods, (d) require Seller to refund the price of any rejected goods, or (iie) correct, rework, or repair any such goods with any defects 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 deduct the cost of damages, repackaging, reshipping, handling, inspection, loading, unloading and replacement or rejection that would otherwise result in cancellation of the order.Acceptance of any portion of the goods ordered shall not obligate Buyer to accept future shipments nor be deemed a waiver of Buyer’s rights hereunder or under law. Neither acceptance of any shipment nor payment of any contract price by Buyer shall constitute a waiver of damages or other costs incidental thereto to be paid by Xxxxxx. If goods are rejected by Xxxxx, Seller shall also be responsible remedies for any third party damages resulting from the return of defects in any such goods ordered hereby, failure to Seller for reimbursementconform to data, credit, replacementfailure to meet any scheduled date, or repair, or (ii) other breach of 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 hereunderpurchase order.