NONCONFORMING Sample Clauses
A Nonconforming clause defines the procedures and consequences when goods, services, or deliverables do not meet the agreed-upon specifications or standards in a contract. Typically, this clause outlines the buyer's rights to reject, require correction, or request replacement of nonconforming items, and may specify timelines for notification and remediation. Its core function is to ensure quality control and provide a clear process for addressing deficiencies, thereby protecting the interests of the party receiving the goods or services.
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
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.