Receipt of Product. The Contractor shall be solely responsible for assuring that deliveries are made to personnel authorized to accept delivery on behalf of the Authorized User. Any losses resulting from the Contractor’s failure to deliver Product to authorized personnel shall be borne exclusively by the Contractor.
Receipt of Product. (a) The Company shall be entitled to reject any portion or all of any shipment of the Product that does not conform to the Specifications or otherwise fails to comply in any material respect with Section 5.02(a) (unless such non-conformity was attributable to an act or omission of the Company *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. or the common carrier once such Product, packaged for shipment in accordance with Section 2.04, was accepted by such common carrier from BMS), provided, that, (i) the Company shall notify BMS within *** calendar days after receipt of such shipment if it is rejecting a shipment due to obvious physical damage or quantity discrepancies that are evident upon visual inspection of the packaged Product as shipped by BMS (unless caused by the common carrier or the Company), (ii) except as otherwise provided in Section 2.05(a)(iii), the Company shall notify BMS within *** calendar days after receipt of such shipment if it is rejecting a shipment due to any defects other than those obvious visual defects, and (iii) the Company shall notify BMS within *** calendar days after the Company becomes aware of any defects in the case of Product having detects that are attributable solely to BMS’ manufacture of such Product. Notwithstanding anything contained herein, the Company shall have no obligation to inspect the Product beyond a visual inspection of each shipment for obvious physical damage or quantity discrepancies that are evident upon visual inspection of the packaged Product as shipped by BMS. Without in any way limiting BMS’ indemnity obligations as set forth in Section 6.01, if no notice is provided by the Company within the relevant time periods set forth above, then the Company shall be deemed to have accepted the shipment. Any notice of rejection by the Company shall be accompanied by a reasonably detailed statement of its reasons for rejection and a report of any pertinent analysis performed by the Company on the allegedly non-conforming Product, together with the methods and procedures used. BMS shall notify the Company as promptly and as reasonably possible, but in any event within *** calendar days after receipt of such notice of rejection, whether or not it accepts the Company’s assertions of non-conformity.
Receipt of Product. Delivery to the address specified on the purchase order shall be deemed to be made to authorized personnel.
Receipt of Product. The Contractor shall be solely responsible for assuring that deliveries are made to personnel authorized to accept delivery on behalf of the Authorized User. Any losses resulting from the Contractor’s failure to deliver Product to authorized personnel shall be borne exclusively by the Contractor. RISK OF LOSS Notwithstanding the form of shipment, risk of loss shall not pass from the Contractor to the Authorized User until the Products have been received and inspected by the receiving entity. Acceptance shall occur within the acceptance period specified in this Appendix B-2, or such other period of time mutually agreed to by Authorized User and Contractor. Mere acknowledgment by Authorized User personnel of the delivery or receipt of goods (e.g., signed xxxx of lading) shall not be deemed or construed as acceptance of the Products. Any delivery of Product that is substandard or does not comply with the Contract terms may be rejected or accepted on an adjusted price basis, as determined by the Commissioner. 49- 50. (RESERVED)
Receipt of Product. Donee shall, at its sole cost and expense, make provision for the pickup of Product at MSFB’s warehouse facilities and shall inspect all Product received by it pursuant hereto. Product shall be picked up by Donee only at such times as shall, from time to time, be established by MSFB. At the time of Xxxxx’s receipt of possession of Product, Donee will be given an Order Confirmation Sheet (or similar documentation). Xxxxx’s acceptance of the Product shall constitute Donee’s acceptance and agreement to all the special instructions and restrictions set forth on such Order Confirmation Sheet. Further, Donee shall be responsible for all loading of the Product. Should MSFB provide assistance in loading, Donee shall remain liable for any damage to the Product, trailers or vehicles
Receipt of Product. Buyer shall unwrap and inspect their product(s) within four (4) day of receipt. This includes external inspection of the product(s) and testing the functionality of the product.
