Method of Acceptance or Rejection Sample Clauses
The "Method of Acceptance or Rejection" clause defines the procedures by which a party must formally accept or reject goods, services, or contractual terms. Typically, this clause outlines the timeframe and manner in which acceptance or rejection must be communicated, such as requiring written notice within a specified number of days after delivery or performance. By establishing clear steps and deadlines, this clause helps prevent disputes over whether obligations have been met and ensures both parties understand how and when decisions regarding acceptance or rejection should be made.
Method of Acceptance or Rejection. (a) Upon notification of the BUILDER of the completion of the Trial Run of the VESSEL, the BUYER or the Supervisor shall within ten (10) days thereafter, notify the BUILDER by telefax or email of its acceptance of the VESSEL or of its rejection of the VESSEL together with the reasons, and a list of items which the BUYER or the Supervisor contends do not meet the requirement of this CONTRACT and/or the Specifications.
(b) However, should the result of the Trial Run indicate that the VESSEL or any part thereof including its equipment does not conform to the requirements of this CONTRACT and the Specifications, then the BUILDER shall investigate with the Supervisor the cause of failure and the proper steps shall be taken to remedy the same and shall make whatever corrections and alterations and/or re-Trial Run(s) as may be necessary, and upon notification by the BUILDER of completion of such alterations or corrections and/or re-Trial Run(s), the BUYER shall, within five (5) days thereafter, notify the SELLER by telefax or email of its acceptance or rejection of the VESSEL together with the reason therefor on the basis of the alterations and corrections and/or re-Trial Run(s) by the BUILDER. The notice requirements in Paragraph 1 of this Article shall not be applicable to such re-Trial Run(s). The SELLER shall be entitled, and the BUYER hereby consents with the SELLER’s entitlement, to effect any such corrections or alterations or re-Trial Run(s) immediately or at the time as considered appropriate or necessary by the SELLER.
(c) In the event that the BUYER fails to notify the SELLER by telefax or email of its acceptance or rejection of the VESSEL together with the reason and a list of items which the BUYER contends do not meet the requirement of this CONTRACT and/or the Specifications within six (6) days period or three (3) days as provided for in the above sub-paragraphs (a) and (b), the BUYER shall be deemed to have accepted the VESSEL.
(d) Any dispute arising among the Parties hereto as to the result of any Trial Run or further tests or trials, as the case may be, of the VESSEL shall be solved by reference to arbitration as provided in Article XIII hereof.
(e) Subject to Article VI.6 below, nothing herein shall preclude the BUYER from accepting the VESSEL with its qualifications and/or remarks following the Trial Run and/or further tests or trials as aforesaid and the SELLER shall be obliged to comply with and/or remove such qualifications and/or remarks (...
Method of Acceptance or Rejection. (a) Upon completion of the sea trial, the Builder shall give the Buyer’s Representative a sea trial report containing the results of all tests performed during such trial as per the Specification (“the Sea Trial Reports”). Thereafter the Buyer shall, within three (3) days after receipt of such report from the Builder, notify the Seller and the Builder by cable confirmed in writing of its acceptance or rejection of the Vessel.
(b) If the Buyer rejects the Vessel, the Buyer shall indicate in its notice in what respect the Vessel or any part thereof does not conform to this Contract and/or the Specifications. If the Seller and the Builder are in agreement with the Buyer’s contention as to such non-conformity, the Builder shall make such alterations or corrections as may be necessary to rectify such non-conformity and shall arrange a further sea trial or test whichever is appropriate to demonstrate that the Vessel conforms to the Specifications to be attended by the Buyer’s Representative and/or his assistants and/or Class Representative. Following the Sea Trial or test the Builder shall deliver to the Buyer an amended Sea Trial Report or a report of the test results whichever is applicable. The Buyer shall, within three (3) Business Days after receipt of such amended Sea Trial Report notify the Seller of its acceptance or rejection of the Vessel. If the Buyer rejects the Vessel, the Buyer shall indicate in its notice in what respect the Vessel or any part thereof does not conform to this Contract and/or the Specifications. The Buyer shall accept the Vessel after repair of the Vessel and successful testing or sea trial as above.
(c) If the Buyer fails to notify the Seller or the Builder in writing of its acceptance or rejection of the Vessel together with the reasons therefore within the period as provided in the above Sub-paragraph (a), the Buyer shall be deemed to have accepted the Vessel.
(d) Any dispute arising between the parties hereto as the Vessel’s conformity or non-conformity to requirements of this Contract and/or the Specifications shall be resolved in accordance with the provisions of Article XIII hereof.
Method of Acceptance or Rejection. (a) If during any sea trials any breakdowns occur entailing interruption or irregular performance which can be repaired on board, the trial shall be continued after repairs and be valid in all respects. If such repair is temporarily made to continue sea trials, the Builder will inspect the repaired part after sea trials to assure that it complies with the
Method of Acceptance or Rejection. (a) Upon completion of the trial run, the BUILDER shall give the BUYER a notice in writing of completion, if the BUILDER considers that the results thereof demonstrate that the VESSEL conforms to this Contract and the Specifications. The BUYER shall, within 24 hours after receipt of such notice, notify the BUILDER in writing of its acceptance or rejection of the VESSEL.
(b) If the results of the trial run demonstrate that the VESSEL or any part or equipment thereof does not conform to the requirements of this Contract or the Specifications, or the BUILDER agrees to the BUYER’s notice of rejection, the BUILDER shall take all necessary steps to correct such non-conformity. If necessary, a further trial run shall be carried out and new notice issued in accordance with (a) above.
(c) If the BUYER for any reason rejects the VESSEL, the BUYER shall in his written notice of rejection give particulars of its reason therefore in such detail as can be reasonably required.
(d) If the BUILDER disputes the rejection by the BUYER, the case shall be submitted for final decision by arbitration in accordance with Article XVIII hereof, unless the Parties agree otherwise.
(e) Failure in responding to the notice given under (a) above shall be deemed as acceptance of the VESSEL. Ulstein Verft AS ▇.▇. ▇▇▇ ▇▇▇, ▇-▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ Tel. +▇▇ ▇▇▇▇ ▇▇▇▇. Fax +▇▇ ▇▇▇▇ ▇▇▇▇ Ent. No: 912 447 561 ▇▇▇.▇▇▇▇▇▇▇.▇▇▇
Method of Acceptance or Rejection. 1. Upon successful completion of the trial run, Builder shall give Buyer written notice of such completion of the trial run, and that Builder considers that the results of the trial run indicate conformity of the Unit to this Contract and the Specifications. Buyer shall, within three (3) days after receipt of such notice from Builder, provide Builder written notice of its acceptance or rejection of the Unit.
2. Should the results of the trial run indicate that the Unit, or any part or equipment thereof, do not conform to the requirements of this Contract and/or the Specifications, or if Builder is in agreement with the non-conformity specified in Buyer’s notice of rejection, Builder shall take necessary steps to correct such non-conformity. Upon completion of correction of such non-conformity, Builder shall give Buyer written notice thereof, and, if necessary, conduct another trial run. Buyer shall, within two (2) days after receipt of such notice from Builder, notify Builder of its acceptance or rejection of the Unit.
3. In any event that Buyer rejects the Unit, Buyer shall indicate in its notice of rejection in what respect the Unit, or any part or equipment thereof, do not conform to this Contract and/or the Specifications.
4. In event that Buyer fails to provide Builder written notice of the acceptance of or the rejection together with the reason therefor of the Unit within the period as provided in the above Subparagraph 1 or 2, Buyer shall be deemed to have accepted the Units. [**] Confidential Treatment 23
5. Builder may dispute the rejection of the Unit by Buyer under this Paragraph, in which case the matter shall be submitted for final decision in accordance with Article XIV hereof.
Method of Acceptance or Rejection. (a) Upon satisfactory completion of the trials in terms of this Article, the Buyer shall immediately thereafter confirm in writing his acceptance of such completion of the trials. In case of non-acceptance the Buyer shall indicate in writing in what respect of the trials, the Vessels or any part thereof does not conform to the Specifications. The Builder shall rectify such Non-conformity at its own expense and perform such further tests as may be deemed necessary and prove to the satisfaction of the Regulatory Body/Statutory Authority/Classification Society/the Buyer that the requirements of the Specifications are complied with. The Builder will not be entitled to any extension of the Date of Delivery or for any increase in cost of the Vessels on this account.
(b) The Buyer shall not be obliged to take delivery of the Vessels if it is not fully in conformity with the specifications including its agreed amendments, or if there are any conditions or recommendations made by the Classification Society and/or Regulatory Bodies or owners authorized representative. However, if the deficiencies or the conditions/recommendations are of minor importance, and the Builder is unable to comply the same within a reasonable time, the Builder may nevertheless require the Buyer to take delivery of the Vessel, provided the Builder undertakes to make good the deficiency or fulfil the requirement within the guarantee period.
Method of Acceptance or Rejection. (a) If, during any Trial, any breakdown occurs entailing interruption or irregular performance which can be repaired on board, the Trial shall continue after completion of the relevant repairs. However, if the Vessel must return to the Shipyard or enter any other port or shipyard to enable the breakdown to be remedied or repaired, that Trial, or part of that Trial, shall be undertaken again in accordance with Clause 7.1(c). In the event that, during or after any Trial, it becomes apparent that the Vessel has failed or will fail to meet the requirements of this Contract and the Specifications, Builder shall promptly notify Buyer and shall advise Buyer of the estimated additional time required to enable Builder to correct such deficiency.
(b) Upon completion of each Trial and each post-Trial inspection, Builder shall provide to Buyer (with a copy to Charterer):
(i) a written report of each Trial and post-Trial inspection containing the results of the relevant Trial and Builder’s observations during any post-Trial inspection; and
(ii) a notice stating whether Builder considers that the results of the relevant Trial confirm conformity of the Vessel to this Contract and the Specifications in relation to any part of the Vessel that has been tested during such Trial.
Method of Acceptance or Rejection. Effect of Acceptance:
a. Acceptance of the VESSEL as above provided shall be final and binding and the VESSEL will be deemed to be in conformity with the Contract. The BUYER shall not refuse formal delivery of the VESSEL as hereinafter provided, if the BUILDER complies with all other procedural requirements for delivery as provided in Article VII hereof.
b. If minor work or items on the VESSEL are incomplete or missing when the VESSEL otherwise is ready for delivery and such work or items do not materially affect the operation of the VESSEL nor are likely to cause damage or excessive deterioration to the VESSEL, the BUYER shall not withhold its consent to accept delivery of the VESSEL subject to the right of the BUYER to have such items completed by the BUILDER in a reasonable manner and period of time. The parties shall on delivery execute a protocol of outstanding work and a schedule for completion of such work.
Method of Acceptance or Rejection. (a) Upon completion of the Tests and Trials, the BUILDER shall give the BUYER notice in accordance with Article XXII of completion of the Tests