NON-CONFORMING MATERIALS Clause Samples
The Non-Conforming Materials clause establishes the procedures and rights related to materials that do not meet specified quality or contractual standards. Typically, this clause allows the buyer to inspect delivered goods and reject or require replacement of any items that are defective, damaged, or otherwise fail to conform to agreed-upon requirements. By clearly outlining the steps for handling substandard materials, the clause helps ensure that only acceptable goods are used or paid for, thereby protecting the buyer from receiving and being liable for inferior products.
NON-CONFORMING MATERIALS. All materials not conforming to the requirements of this contract documents, whether in place or not, shall be rejected and removed immediately from the site of work unless otherwise permitted by the Project Manager in writing. No rejected material which has subsequently been made to conform shall be used unless and until written acceptance has been given by the Project Manager. If the Contractor fails to comply forthwith with any order of the Project Manager made under the provisions of this Section 6.7,
NON-CONFORMING MATERIALS the Project Manager shall have the authority to remove and replace non-conforming materials and charge the cost of removal and replacement to the Contractor.
NON-CONFORMING MATERIALS. (a) Equipment, machinery, materials or articles installed or used in the Work which do not comply with the requirements of the Contract Documents, and which have not been previously approved in writing by the Owner shall be installed or used at the risk of the Contractor of subsequent rejection by the Owner.
(b) The Contractor shall be fully and solely responsible for quality control for all equipment, machinery, materials or articles used in the performance of the Work.
NON-CONFORMING MATERIALS. Bulova will fully manage and take responsibility for all conformance requirements for materials. Bulova will make best efforts to assure all material conformance, and seek return for replacement or credit from suppliers who do not meet design, performance or reliability specifications.
NON-CONFORMING MATERIALS. Equipment, machinery, products, materials or articles installed or used in the Unit Work which do not comply with the requirements of the Plans, and which have not been previously approved in writing by Authority, shall be installed or used at the applicable Developer Party’s sole cost and risk of subsequent rejection by Authority.
NON-CONFORMING MATERIALS. (a) Supplier shall, where requested by IAI, accept the return of non-conforming Materials at all times. Supplier shall deliver replacement Materials to IAI for non-conforming Materials, immediately if so requested by IAI (i.
NON-CONFORMING MATERIALS. The Manufacturer shall not use any Materials that do not strictly comply with the Specifications (without the prior written approval of Warner) and applicable Laws. If the Manufacturer uses any non-conforming Material without receiving the prior written approval of Warner, the Manufacturer shall be responsible for all Losses suffered or incurred by Warner as a result of such use, including, without limitation, any expenses incurred by the Manufacturer or Warner in the correction thereof and any expenses incurred by Warner arising out of any Recall of any affected Product or other corrective measures taken with respect thereto. The Manufacturer shall be responsible for pursuing all resolutions with the applicable supplier of non-conforming Materials.
NON-CONFORMING MATERIALS. To the extent Alexin rejects materials as non-conforming, the quantities under the Order will automatically be reduced unless Alexin otherwise notifies Seller. Non-conforming materials will be held by Alexin for disposition in accordance with Seller’s instructions at Seller’s risk. Seller’s failure to provide written instructions within ten (10) days, or such shorter period as may be commercially reasonable under the circumstances, after notice of nonconformity shall entitle Alexin, at Alexin’s option, to charge Seller for storage and handing, or to dispose of the materials, without liability to Seller. Payment for non-conforming materials shall not constitute an acceptance thereof, limit or impair Alexin’s right to assert any legal or equitable remedy, or relieve Seller’s responsibility for latent defects. Seller will be responsible for all costs for non-conformance related to its materials including, but not limited to, freight sorting costs and financial hedging losses.
NON-CONFORMING MATERIALS. All materials not conforming to the requirements of the Specifications shall be considered as defective, and all such materials whether in place or not, shall be rejected and condemned and shall be immediately removed from the Work, unless otherwise permitted. No material which has been rejected, and the defects of which have been corrected or removed, shall be used until approval has been given by the Owner’s Representative. The CONTRACTOR shall remove from the site all portions of the Work which are defective or nonconforming and which have not been corrected under Subsection 14.02 unless removal is waived by the OWNER.
NON-CONFORMING MATERIALS. All costs associated with Non-Conforming Materials are the responsibility of [***], including but not limited to write-offs, disposal and resupply. For clarity [***] shall not be liable to [***] for [***] that is caused solely due to Non-Conforming Materials. ▇▇▇▇▇▇▇ shall not be liable to Sol-Gel or the Customer for [***] that is caused solely due to Non-Conforming Materials.