Delivery and Inspection. Any Cooperative records are subject to inspection and copying at the reasonable request, and at the expense of any Member during ordinary business hours but not for the purpose of selling any information contained therein or for any competitive purpose or purpose the effect of which would breach the obligation contained in Section 10.2. A Member’s agent or attorney has the same inspection and copying rights as the Member. The right to copy records includes, if reasonable, the right to receive copies made by photographic, xerographic, or other means. The Cooperative may impose a reasonable charge, not to exceed the estimated cost of labor and material for production or reproduction, for copies of any documentation provided to a Member.
Delivery and Inspection. Time and date of deliveries and performance are of the essence on this Purchase Order. IES reserves the right to make final inspection of the Goods and Services after receipt by IES (notwithstanding any prior payment or prior acceptance thereof) and, in addition to any other right and remedies available under law, to cancel this Purchase Order and reject the Goods or Services upon any default by Supplier in meeting or satisfying delivery/completion dates, scheduled amounts, specifications, quality, or performance. IES may, at its discretion, employ either a 100% inspection or a sample plan. Lots which fail to pass sampling plans may be subsequently 100% inspected by IES (with Supplier to be charged for all such inspection costs) or, at IES’ option, rejected or returned to Supplier for correction, replacement or credit, as the option of IES. Supplier shall not be allowed additional time outside of the time stated for delivery/completion in this Purchase Order without the express written consent of IES. Goods shipped in advance of delivery schedule or unauthorized partial shipments may also be rejected or returned to Supplier at Supplier's expense. All Goods shall be shipped F.O.B. destination. Risk of loss shall pass to IES upon delivery of the Goods to IES in an undamaged condition. Supplier shall bear all risks and expenses for returns including, but not limited to, storage, freight, insurance, packaging, materials and labor as to rejected Goods or Goods requiring correction after notice of rejection. IES shall have the right, upon reasonable advance notice and during normal business hours, to inspect Supplier’s premises and operations which pertain to the Goods and Services in order to insure conformity with specifications, adequate quality control and ability to meet designated delivery and completion dates.
Delivery and Inspection. Time is of the essence in the performance of any Purchase Order. Stilmas may accept or return Products received after their required delivery date without waiving Stilmas’s right to return subsequent shipments delivered after the required delivery date. Each shipment of Products must include a packing list with the following information: purchase order number, manufacturer’s part number, manufacturer’s lot number and respective quantity per lot, Stilmas’s part number, number of cartons in shipment, quantity of Products per carton and total quantity of Products. All Products will be received subject to Stilmas’s right of inspection and rejection at any time after receipt. Title and risk of loss for all Products will pass to Stilmas upon Stilmas’s receipt of the Products. Any Products returned to Supplier because of a nonconformity will be returned at Supplier’s expense. Acknowledgment of receipt will not constitute acceptance, and payment prior to inspection will not constitute waiver of any rights hereunder. Stilmas will have thirty (30) days from receipt to inspect Products; provided, however, that Stilmas does not waive any rights it has to, at any time, reject or revoke acceptance of Products not conforming to the warranty provisions set forth in this Agreement. Stilmas and its customers reserve the right to perform onsite inspections, testing and quality audits of Supplier’s facility and/or manufacturer’s facility in conformance with regulatory requirements or as otherwise deemed necessary by Stilmas and/or its customers in order to assess work quality, conformance with Stilmas’s specifications, and conformance with Supplier’s representations, warranties, certifications and covenants under this Agreement. Supplier will maintain an inspection and testing system for the same that is acceptable to Stilmas and will keep records of all inspection and testing data, with respect to Products and samples of each lot shipped, for two (2) years after delivery. Unless otherwise agreed by Stilmas in writing, Supplier will deliver to Stilmas a certificate of analysis or a certificate of compliance to specifications approved by Stilmas with respect to each Product lot shipped. Supplier will ensure safe and sound delivery of the Products. Supplier will suitably xxxx, xxxx and ship all Products in adequate protective packaging and in accordance with any reasonable instructions from Stilmas and the requirements of common carriers. Supplier will be liable, and will promp...
Delivery and Inspection. This is a shipment contract. RIS will attempt to honor, but will not guarantee or warrant any specific delivery dates or times. RIS is not responsible for delivery delays caused by manufacturers or their carriers or other causes outside RIS’s control, including, but not limited to, accident, fire, acts of God, war, labor strife, breakdown or damage to equipment, or any other such delay. Should RIS at any time be unable to deliver goods and materials due to manufacturer’s supply shortages (including not being under a supply contract), RIS will allocate its available supply of such material to its customers as it deems necessary. In such event RIS shall not be liable to Customer for failure to deliver the full quantity of material contracted for. All deliveries are subject to a delivery charge and/or fuel surcharge which is in addition to quoted prices. The Customer shall inspect the materials immediately upon their arrival and shall give written notice to RIS of any shortage or damage claim within seven (7) days of their arrival. If Customer shall fail to give such notice, the materials shall be deemed to conform to the terms of this contract. Customer hereby expressly waives any rights to revoke acceptance after the seven (7) day period. In the event that Customer does not have a representative available to inspect and count the goods at the time of delivery, whether at Customer’s warehouse or on a jobsite, Customer accepts the responsibilities for the correctness of the count as shown by RIS and accepts responsibility for the material upon completion of the delivery. In such instance, Customer shall waive any objection based on failure of RIS to have a representative sign the delivery ticket for such material. In the event Customer or its representative or the customer of Customer requests for RIS to place materials above ground level, Customer hereby agrees to indemnify and hold harmless RIS, their agents, servants, and the employees from any and all loss or expense (including cost and attorney’s fees) by reason of liability imposed upon RIS for damages, including personal injury or death, at any time resulting there from. Further, Customer warrants it has advised its customer of the possibility of said damages and neither will hold RIS responsible in the event of a loss or expense.
Delivery and Inspection. For the purpose of this Schedule only the Delivery Term, Installation Term, and Installation Date as defined in Master Agreement No. 1288 do not have bearing on the Base Term Commencement Date, which is defined in Section 4 above. The Lessee and Lessor acknowledge that the Equipment is currently located at the Equipment Location as identified in Section 2 above. Lessee acknowledges that the Equipment will be moved to a different Equipment Location, inspected, installed, and accepted no later that April 15, 2006 (“Final Acceptance Date”) and will acknowledge such with the execution of the Final Acceptance Certificate attached hereto as Exhibit D. A mutually agreed upon appraiser will be present upon the unpacking and inspection of the Equipment. No later than the Final Acceptance Date, Lessee will present Lessor with a written list of Items of Equipment that are either missing (“Missing Items”) or unsuitable for use (“Unsuitable Items”), but not including those Items that are missing or unsuitable for use as a result of any action by Lessee or movement of the Equipment from the Equipment Location. The list of Missing or Unsuitable Items will be accompanied by a report from the appraiser that supports (i) the Items are missing; or (ii) the Items are unsuitable for use. Upon receipt of this written list, at Lessee’s option, Lessor will:
Delivery and Inspection. 4.1. Seller shall deliver the Goods and/or perform the Services at the delivery point (the “Delivery Location”), and on the date(s) specified in the Order (the "Delivery Date"). If no Delivery Date is specified, Seller shall deliver in full within a reasonable time of receipt of the Order. If Seller fails to deliver the Goods or Services in full, on the Delivery Date, Buyer may terminate the Order immediately and Seller shall defend, indemnify, and hold harmless Buyer against any losses, damages, and reasonable costs and expenses, including but not limited to legal fees and expenses, attributable to Seller's failure to deliver.
Delivery and Inspection. Participating Entities and Participating Dealers will determine the time, mode, and location for delivery and inspection of purchased Equipment and Products. The handling of any damage or defects noted by the Participating Entity either during or after the vehicle is delivered to the Participating Entity is the responsibility of the Participating Dealer. Any policy as it relates to returns and return shipping will be determined between the Participating Entity and the Participating Dealer. Regardless of any other agreement, the Vendor does not accept any returns of school buses. The Participating Dealer has the responsibility to ensure that all Equipment, Products and Services sold under this Contract meet the Participating Entities specifications and/or specifications set by state and local governing bodies, or that exceptions to these specifications have been agreed upon in writing between the Participating Entity and the Participating Dealer. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products to its Participating Dealers, who in turn provide the substandard or inferior Equipment or Products to Participating Entities in the same condition provided to it by Vendor.
Delivery and Inspection. Unless they have been explicitly and in writing declared as binding, redelivery dates for Part(s) that have been Repaired are provisional, non-‐binding and shall serve as general information only. ACS will endeavor to notify Customer in the event that any Part(s) may be redelivered late. Delivery terms, for Part(s) sold or Repaired, are ex-‐works, ACS’s facility in Rio Rancho, New Mexico (incoterms 2010) (where ACS means “Seller” and Customer means “Buyer”) or such other ACS (or its affiliates) facility designated by ACS in writing. Unless otherwise agreed, all Part(s) delivered to Customer will be packed for shipment in accordance with ACS’s standard packing procedures for such Part(s). Customer shall, within two (2) days after receipt of the Part(s) thereof, notify ACS of any nonconformance with the Order and return such non-‐conforming Part(s) to ACS if the Part(s) do not conform to the Order at ACS’s cost. ACS shall then, at its option, be permitted to replace or repair such non-‐conforming Part(s). ACS is authorized to advance the Delivery Date (subject to payment terms contained in Section 2 and Section 5 hereof) or complete performance of any Order, prior to the time set forth in such Order unless agreed otherwise. ACS shall have the right to delivery Part(s) in partial shipments and invoice Customer for such portion that has or will be shipped.
Delivery and Inspection. Unless otherwise agreed, all Parts delivered to Customer will be packed for road transportation in the UK in accordance with Total Aircraft Support’s standard packing procedures for such Part(s). Total Aircraft Support reserves the right to charge for special additional packing requirements of the Customer. Packing material, containers, and module and component transportation stands are returnable at Customer’s cost unless otherwise agreed in writing. Any dates set out in the Quotation are approximate and the time of delivery shall not be of the essence. Total Aircraft Support shall provide reasonable notice of when the Part(s) are available for delivery. There is nothing preventing Total Aircraft Support from bringing forward the delivery date, or complete performance of any order, prior to the time set forth in the Quotation. Unless otherwise agreed, Total Aircraft Support shall reserve the right to deliver the Parts in partial shipments.
Delivery and Inspection. 3.1 Chess shall use its reasonable endeavours to deliver the Spare to the relevant Site on the Delivery Date or as soon as possible thereafter.
