PRODUCT ACCEPTANCE. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor in the Authorized User Agreement, Authorized User(s) shall have sixty (60) days from the date of delivery to accept all Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Title or other property interest and risk of loss shall not pass from Contractor to the Authorized User until the Products have been accepted. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty
PRODUCT ACCEPTANCE. All merchandise offered or otherwise provided shall be new, of prime manufacture, and of first quality unless otherwise specified by the State. The State reserves the right to reject all nonconforming goods, and to cause their return for credit or replacement, at the State's option.
PRODUCT ACCEPTANCE. (a) The Products delivered by Flextronics will be inspected and tested as required by Customer within **** of receipt at the “ship to” location on the applicable purchase order. If Products do not comply with the express limited warranty set forth in Section 6.2 below, Customer has the right to reject such Products during said period. Products not rejected during said period will be deemed accepted. Customer may return defective Products, freight collect, after obtaining a return material authorization number from Flextronics to be displayed on the shipping container and completing a failure report. Rejected Products will be promptly repaired or replaced, at Flextronics’s option, and returned freight pre-paid. Customer shall bear all of the risk, and all costs and expenses, associated with Products that have been returned to Flextronics for which there is no defect found, subject to Section 6.1(b).
PRODUCT ACCEPTANCE. Each shipment of Product from Seller to Buyer shall be inspected by Seller prior to shipment and shall contain such quality control certificates reasonably requested by Buyer certifying, among other things, that the Products are in conformity with Specifications. All Products are subject to final inspection and acceptance at Buyer within ** **Business Days of delivery. Buyer shall notify Seller within ** ** Business Days of delivery of any apparent defective material or workmanship or non-conformity of any Product to the Specifications or applicable purchase order. If Buyer fails to notify Seller within thirty ** ** of delivery of an apparent defect, Buyer will be deemed to have accepted the Product; provided, that the warranty contained in Section 8 hereof shall survive such acceptance. Without prejudice to any other right or remedy of Buyer, in case any Product is defective in material or workmanship or otherwise not in conformity with the Specifications or the requirements of Buyer’s purchase order, Buyer will have the right to reject it; provided, however, that Buyer shall notify Seller of any rejection hereunder, and the basis for it, in writing, within the ** ** Business Day timeframe set forth above. Any Product that has been rejected must be replaced by and at the expense of Seller promptly after notice. Buyer will return all rejected Products to Seller at Seller’s expense. Seller shall investigate the cause for the rejection and provide to Buyer in writing all proposed corrective actions associated with the cause for rejection. From time to time during the term of this Agreement, Buyer may also request final inspection testing results from Seller, in addition to the quality control certificates, as evidence that the supplied Product meets Specifications. Seller will timely and fully respond to all such requests.
PRODUCT ACCEPTANCE. Acceptance and Accepted‖ means, with respect to each Deliverable, that the resulting services provided by the Contractor have been fully acknowledged in writing by the Eligible User as to meeting the specified requirements established in the Contract or Agreement. Section 215.422, F.S., states that ―Approval and inspection of goods or services shall take no longer than 5 working days unless the bid specifications, purchase order, or contract specifies otherwise.‖ The IT Disaster Recovery Services contract allows additional time for acceptance of a product or service in order to account for special customizations, product testing, or vendor installations. Any special conditions must be expressed in writing either on the PO (purchase order), DO (Direct Order), or in the SOW (statement of work) that is attached to the PO/DO and the vendor must have agreed to any special acceptance time frames in advance. For software, product acceptance shall be as follows: If software is downloaded, the date of acceptance shall be the date of the PO/DO. If the customer downloads software that appears to contain errors or if the file is corrupt, the customer shall immediately contact the vendor to resolve the issue. If the software is shipped, the customer has 5 business days from the date of physical receipt of the product to receive the items. If the product is a software license renewal, then the acceptance date shall be the date of the PO/DO. If the software requires customizations or special installation from the vendor, the acceptance date will be determined by the Eligible User and agreed to by the vendor and will depend upon satisfactory testing results and completion of the installation as stated in the customer‘s statement of work.
PRODUCT ACCEPTANCE. When you receive the product, please be sure to open the package check. Please carefully check the product category and quantity according to the attached list. If there are any shortages, errors, damages and other unpredictable abnormal conditions, please keep all the documents of the product and notify us immediately. Otherwise it is considered a waiver of the claim.
PRODUCT ACCEPTANCE. 9.2.1 After delivery of a shipment of any Products to Buyer or Buyer’s customer, Buyer shall have 30 days following installation to examine such Products to determine if they conform to the Specifications, are free from defects in design and otherwise comply with the warranties set forth in section 9.1, and, on the basis of such examination, to accept or reject such shipment. Any claims for failure to so conform or for such defects (“Product Claims”) shall be made by Buyer in writing to Xxxxxxxx, within such 30 days, indicating the non-conforming characteristics of the Products (“RMA Product”). Xxxxxxxx will provide a Return Material Authorization (RMA) number prior to the return of the RMA Product to Xxxxxxxx. Xxxxxxxx will make reasonable effort to provide an RMA number within 24 hours, but in no event will an RMA number be issued more than two Business Days after Xxxxxxxx’x receipt of the Product Claim. Notwithstanding the foregoing, if Buyer or its customer first discovers that any Product fails to conform with the Specifications, is defective in design and/or otherwise does not comply with the warranties set forth in section 9.1 after acceptance thereof, and such failure would not have been readily discoverable from a reasonable inspection or review of the Product (any, a “Latent Defect”), Buyer shall have the continuing right to reject the Products, provided it notifies Xxxxxxxx of the Latent Defect promptly after discovery or knowledge, as applicable, thereof. Buyer shall have no obligation to pay for any RMA Products that are subject to Product Claims under investigation by Xxxxxxxx. However, if payment has already been made by Buyer, then as promptly as possible after the submission of a Product Claim by Buyer, Buyer will initiate negotiations for discrepancy resolution with Xxxxxxxx. Options for resolution for confirmed non-conforming Product include but are not limited to, at Buyer’s discretion, (i) provide Buyer with a refund of the full amount paid by Buyer for such RMA Products, (ii) issue Buyer a credit against future xxxxxxxx equal to the full amount paid by Buyer for such RMA Products, (iii) direct a Xxxxxxxx certified engineer to repair such RMA Products, or (iv) replace such RMA Products. Xxxxxxxx shall pay for all shipping costs of returning RMA Products that are the subject of Product Claims. Xxxxxxxx shall bear the risk of loss for such RMA Products from the time such RMA Products are picked up at or shipped from Buyer, or Buyer’s cus...
PRODUCT ACCEPTANCE. 4.3.1 The Buyer's receipt, at the Delivery Point set out in paragraph 10.2 of Schedule 1 of any Product will be an unqualified acceptance of such Product unless the Seller receives written notice of rejection in whole or in part within one hundred eighty (180) days after the Buyer's receipt. Claims for shortages of less than one per cent (1%) of the gross weight of bulk shipments will not be allowed. The Seller's weights taken at the shipping point will govern, unless proven to be in error.
PRODUCT ACCEPTANCE. Impinj shall submit Monza to certify its compliance with the Gen2 Specification according to procedures established by EPCglobal and, at its sole cost and expense, Impinj shall revise and resubmit Monza until such time as EPCglobal or one of its designated third party compliance laboratories certifies Monza as compliant with the Gen2 Specification; provided however, that if after three (3) such submissions, Monza is not certified, the parties will discuss in good faith next steps to obtain certification for Monza, if obtainable, and Impinj shall not have further obligation to submit Monza to EPCglobal. Any version of Monza that: (1) is certified by EPCglobal or one of its designated third party compliance laboratories as compliant with a Gen2 Specification; (2) implements a version of the Gen2 Specification that Walmart indicates it will accept; and (3) materially complies with the Monza Specifications, shall be deemed accepted hereunder (the “Product Acceptance”). The latter of the dates that: (1) a version of Monza is certified as compliant with a Gen2 Specification in accordance with above; (2) Walmart first publicizes or otherwise indicates its intent to accept products compliant with such version of the Gen2 Specification; and (3) Testing for Monza is completed, and Monza materially complies with the Monza Specifications, shall be the “Product Acceptance Date.” If, for any reason, Walmart publicizes or otherwise indicates its intent to no longer accept the version of the Gen2 Specification with which the Monza Specification is compliant, then (i) Impinj shall immediately notify Alien, (ii) Alien shall have the right to cancel any outstanding Orders in accordance with this Agreement, and thereafter (iii) Alien shall have the right to terminate this Agreement.
PRODUCT ACCEPTANCE. 8.1 SANO shall manufacture the Licensed Products and make them available for pickup by PPI in accordance with all applicable laws, rules and regulations including, without limitation, the Specifications applicable to the Licensed Product in question, Current Good Manufacturing Practices of the FDA (as the same may change from time to time) and all other applicable requirements of the FDA and other governmental authorities having jurisdiction.
