Delivery Inspection. The borrower (acting through its engineer, if applica- ble) will verify that all materials are delivered in proper quantities, in good condition, and in compliance with ap- plicable specifications.
Delivery Inspection. The SUPPLIER shall supply the products via suitable means of transport according to Bosch delivery and packaging specifications in order to avoid damage and reductions in quality (e.g. contamination, corrosion, chemical reactions). Bosch will inspect incoming product only for externally apparent shipping damage and for confirmation of the quantity and part number of the products according to the shipping documents. Any defects identified at this stage shall be reported immediately. Bosch shall notify SUPPLIER of any defects not identified at this stage as soon as they are detected in the ordinary course of business. SUPPLIER hereby waives its right to reject delayed notification of deficiency. The SUPPLIER adapts its quality management system and its quality assurance measures to this inspection procedure.
Delivery Inspection. 10.1 Embraer shall provide to Buyer at least [***] prior to the first Contractual Delivery Date commercially reasonable procedures, subject matter and acceptance criteria for the delivery inspection (the “Inspection Protocol”). Within [***] of receipt of the Inspection Protocol, both Parties shall discuss and agree to a mutually acceptable Inspection Protocol, each party acting reasonably.
Delivery Inspection. Upon delivery at MannKind’s designated facility, MannKind shall perform testing to determine whether the Product is acceptable to MannKind, conforms with the Specifications and cGMPs, is free from defect, adulteration and contamination and is free and clear of all liens, claims and encumbrances.
Delivery Inspection. Before the Delivery Date, Lessor shall cause Coopesa to make the Leased Property available for Lessee to conduct a ground inspection of the Aircraft and an inspection of the Aircraft Documents to its satisfaction (collectively, the "Ground Inspection"). The Ground Inspection of the Aircraft shall include the following:
Delivery Inspection. The Purchaser shall inspect in due course the condition and quality of the delivered Tooling and/or Parts. The inspection shall be formalized in a sheet signed by the Purchaser. If any reservation is made by the Purchaser on the aforesaid delivery, the Toolmaker shall immediately submit to the Purchaser an acceptable action plan to remedy the Tooling rejection by reimbursement, credit, replacement or modification, as per the Purchaser’s sole discretion, at the Toolmaker's cost. Insurance and Liability The Toolmaker shall take out prior to the shipment a cargo insurance policy with an internationally known and reputedly solvent insurance company and shall provide proof thereof upon Purchaser’s first request. The minimum insurance shall cover the Tooling price provided in the Order+10% (i.e. 110% of the agreed full replacement value). The Toolmaker will reimburse the Purchaser for any direct and/or indirect costs including packaging, handling and transportation costs that the Purchaser incurs with respect to the possible rejection of the Tooling after delivery Inspection. Final Acceptance of the Tooling If the final performance testing of the Tooling is successful as per the requirements of the Technical Specifications and for the period of running time provided therein, it shall be confirmed by a “Final Acceptance Certificate” signed by both Parties. If, due to stoppages, the Performance Tests are not comprehensive, then the Performance Tests shall be repeated until they are satisfactory. The Documentation forms an integral part of the supply of the Tooling and shall be continually updated by the Toolmaker during all Project phases. The Toolmaker shall provide Purchaser with a complete set of Documentation updated at the end of the Final Acceptance. The Final Acceptance, hereinafter referred to as the “Final Acceptance”, shall be performed at Purchaser’s plant. The Final Acceptance may only be pronounced if: The Tooling allows the continuous production of full day production runs of Parts in the mass-production conditions, and with the scrap rate, as defined in the Technical Specifications. The operating conditions of the Tooling and the handling mode of the Parts are in conformity with mass production conditions. The quality of the Parts shall be in conformity with the boundary sample which was validated by the Tool Engineer and the SQA. The cycle time does not exceed the mass-production cycle time as defined in the Technical Specifications. All mandatory ...
Delivery Inspection. (a) Twist will ship the Deliverables to Customer at the address provided in the Transaction Ex Works (Incoterms 2010). All Deliverables will be shipped as follows: [***] = Information that has been omitted and submitted separately to the Securities and Exchange Commission and for which confidential treatment has been requested. Quarters 1-4: [***] Quarters 5-8: [***] Quarters 9-12: [***] Quarters 3-16: [***] The first number in each cell indicates the normal number of business days for delivery after purchase order acceptance. The second number in each cell indicates the outside number of business days after purchase order acceptance (“Maximum TAT”). After the Maximum TAT, Customer may choose to cancel the order at no cost but, for clarity, the ordered sequences not delivered by the Maximum TAT will still count towards the Minimums. To smooth demand on capacity, Customer may submit a large Transaction of Deliverables that Customer wishes to be exempt from turnaround time requirements provided herein (a “Low Priority Transaction”). Twist will acknowledge receipt of Low Priority status within [***]. Customer may also change the priority status of existing Transactions depending upon Customer’s requirements. Proposed changes in the status of existing Transactions shall be discussed by the parties at the next scheduled weekly meeting between Twist and Customer and mutually agreed to by the parties in writing. Any existing Transaction for which its priority status is changed from a lower priority to a higher priority will have the turnaround time of the new priority effective [***] from the date the change in priority was agreed to by the parties. The provisions of this Section 1.7(a) shall be Customer’s sole and exclusive remedy for Twist’s failure to timely deliver the Deliverables. All deliveries will be via overnight courier. [***]
Delivery Inspection. 10.1 Buyer may elect to observe the manufacturing of the Aircraft in order to verify that the Aircraft is manufactured in accordance with the procedures specified in this Agreement and to all applicable quality standards. Within thirty (30) Days following execution of this Agreement Embraer shall provide Buyer with a description of the relevant milestones of the manufacturing process which Buyer may observe. Upon receipt of such description Buyer shall promptly inform Embraer which milestones it [*****] Confidential material redacted and filed separately with the Securities and Exchange Commission. CONFIDENTIAL TREATMENT REQUESTED elects to observe. Embraer will then notify Buyer the approximate dates of such milestones and Buyer shall promptly inform the names of no more than two (02) of its representatives that will act as observers (the “Observers”). The Observers shall be given access to the relevant technical data as reasonably necessary. Observers will, at all times, be supported by the quality assurance personnel of Embraer and shall address any of their observations, comments, doubts or requests to such personnel, provided however that Embraer shall not be deemed to have received any request that may affect the performance of this Agreement unless and until such request is made by Buyer in accordance with Article 24. Observers shall not interfere, disturb, delay or in any other way hinder the manufacture or assembly of the Aircraft, any other aircraft or any other activities carried out by Embraer.
Delivery Inspection. Upon delivery at MannKind’s facility, MannKind shall perform further testing to determine whether the Product is acceptable to MannKind, and is not a Non-conforming Product. *** CONFIDENTIAL TREATMENT REQUESTED If MannKind determines that a batch of Product does not conform to the Specifications based on MannKind’s analysis performed on the Product, or is for any other reason to be considered a Non-conforming Product, MannKind shall notify Organon thereof in writing [ *** ]. In the event the batch of Product does not conform to Specifications, or for any other reason is confirmed to be Non-conforming Product, Organon shall at MannKind’s option either (i) replace such Product free of charge as soon as reasonably possible, or (ii) issue a credit note on the basis of the purchase price paid in accordance with § 7 for such Non-conforming Product. If MannKind requests replacement of Non-conforming Product and Organon determines that replacement of such Product in a timely manner is not commercially reasonable, then it shall notify MannKind within a reasonable time, issue a credit note as described in (ii) above, and the Parties shall discuss in good faith a reasonable plan, including timeframes, to address any material delivery shortfall created by such Non-conforming Product. If MannKind does not notify Organon that any batch of Product is a Non-conforming Product during the [ *** ] period following delivery of such Product at MannKind’s facility, or does not reject any Non-conforming Product in accordance with the procedure described above, such batches of Product shall be deemed to have been accepted by MannKind; provided, however, that in the case of any batch of Product having latent defects that could not have been discovered by MannKind within the applicable period described above despite reasonable inspection by MannKind, MannKind may reject such batch of Product by giving written notice to Organon of MannKind’s rejection of such batch of Product [ *** ] after discovery of such latent defects. In no event shall Product, whether Non-conforming or not, be returned to Organon without its prior written consent.
Delivery Inspection. Customer acknowledges that Customer has received, inspected, examined, and accepted the Equipment and that it is safe, in good operating condition and repair and otherwise in all ways acceptable to Customer. Customer has selected the Equipment based on Customer’s determination that it is appropriate for Customer’s purposes, use, application, and environment, and not based on any recommendation by WSECO.
