NONCONFORMING Sample Clauses

NONCONFORMING. All Equipment shall be subject to the standard manufacturing and commercial variation and practices of the manufacturer thereof. In the event of shipment of non- conforming equipment, WSECO shall be given a reasonable opportunity to replace the equipment with those which conform to the order. Any notices pertaining to nonconformity must be made in writing specifying in detail Customer’s objections and such notices must be delivered within ten
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs
NONCONFORMING. All Equipment shall be subject to the standard manufacturing and commercial variation and practices of the manufacturer thereof. In the event of shipment of non­conforming equipment, WSECO shall be given a reasonable opportunity to replace the equipment with those which conform to the order. Any notices pertaining to nonconformity must be made in writing specifying in detail Customer’s objections and such notices must be delivered within ten (10) days after delivery of the Equipment. It is agreed that in the event of rejection, Customer will store the Equipment or reship the Equipment to WSECO. Should Customer use the Equipment, such use shall be deemed an unequivocal acceptance of the Equipment. If Customer accepts Equipment tendered under this Rental Agreement, such acceptance shall be final and irrevocable; no attempted revocation shall have any effect whatsoever. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE REMEDIES SET FORTH HEREIN ARE CUSTOMER'S EXCLUSIVE REMEDIES FOR THE DELIVERY OF NONCONFORMING GOODS. Except as specifically set forth in this Section 11, Customer has no right to return any Equipment which is rented or purchased under this Rental Agreement to WSECO. For purposes of the foregoing, the term "nonconforming" means any goods received by Customer from WSECO that do not conform to the make, model number, UPC or SKU listed in the applicable invoice. WSECO, in its sole and absolute discretion, shall determine if the Equipment is nonconforming.
Sample 1

Related to NONCONFORMING

  • Defective Product Seller must guarantee a return for all defective products. a) Goods rejected by Buyer for whatever reason shall be held, transported and/or stored at Seller’s sole expense. Seller shall promptly reimburse Buyer for any such expenses. B) Defective product purchase COD will be returned COD to Seller or COD check will be cancelled, at Buyer’s discretion. c) Seller is responsible for all costs associated RoHS noncompliance returns and will accept a full return for all parts not meeting RoHS compliance criteria if necessary. d) Seller is 100% responsible for all monetary and/or rework costs associated with product failures in addition to any further cost whatsoever associated with product failures. e) If suspect parts/counterfeit parts are furnished under this agreement such parts shall be impounded by Buyer. Buyer may provide a sample batch Supplier for verification and authentication. In addition, Buyer reserves the right to send such items to the appropriate manufacturer and appropriate authorities for investigation. f) Seller shall be liable for all costs relating to impound, investigation, removal, or replacement of suspect/counterfeit parts.

  • Defective Products None of the Group Companies has manufactured, sold or supplied products which are, or were, in any material respect, faulty or defective, or which do not comply in any material respect with any representations or warranties expressly made by such Group Company, or with all applicable regulations, standards and requirements.

  • 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. “

  • Defective Work Work that, for any reason, is not in compliance with the Contract Documents. Defective Work is usually identified in a Notice of Non-Compliant Work.

  • Shipment Dell will ship the APEX System to the Site when included as part of the APEX Service. The terms and process for shipment and delivery of the APEX System will be stated in the applicable Service Offering Description.

  • Product Specifications The Company agrees that all Products sold to Xxxx hereunder shall conform to the respective specifications set forth on Schedule A or to such other specifications as are from time to time agreed upon by the Parties.

  • Latent Defects Notwithstanding anything to the contrary set forth herein, no acceptance, or deemed acceptance, by City pursuant to this Section shall be applicable with respect to any Latent Defects. An acceptance, or deemed acceptance, by City pursuant to this Section shall not mean that City has accepted, or the other party has been relieved of, responsibility for: (i) compliance with the Laws; (ii) the proper application of construction means or methods; or (iii) correcting any portion of the Project if it later is determined that any portion of the Project is inconsistent with the Final Documents and Drawings.

  • Rejected Items; Abandonment (a) The Contractor may deliver, cause to be delivered, or, in any other way, bring or cause to be brought, to any State premises or other destination, Goods, as samples or otherwise, and other supplies, materials, equipment or other tangible personal property. The State may, by written notice and in accordance with the terms and conditions of the Contract, direct the Contractor to remove any or all such Goods (“the “Rejected Goods”) and any or all other supplies, materials, equipment or other tangible personal property (collectively, the “Contractor Property”) from and out of State premises and any other location which the State manages, leases or controls. The Contractor shall remove the Rejected Goods and the Contractor Property in accordance with the terms and conditions of the written notice. Failure to remove the Rejected Goods or the Contractor Property in accordance with the terms and conditions of the written notice shall mean, for itself and all Contractor Parties, that:

  • ODUF Packing Specifications 6.3.1 The data will be packed using ATIS EMI records. A pack will contain a minimum of one (1) message record or a maximum of ninety-nine thousand nine hundred and ninety-nine (99,999) message records plus a pack header record and a pack trailer record. One transmission can contain a maximum of ninety-nine (99) packs and a minimum of one (1) pack.

  • ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Time is Money Join Law Insider Premium to draft better contracts faster.