Common use of Inspection/Testing Clause in Contracts

Inspection/Testing. Goods purchased under this Order are subject to Buyer's reasonable inspection, testing, and approval at Buyer's destination. Order If any of the goods or services are found to be defective in material or workmanship, non-conforming to the warranties made herein or not in conformity with the requirements of this agreement, then the Buyer shall be entitled: (i) to require the Seller to supply replacement goods or re-perform the services in accordance with this Order as quickly as reasonably possible, or (ii) at the Buyer’s sole option and whether or not the Buyer has previously required the Seller to supply any replacement goods or re-perform the services, to reject and return such goods at Seller’s expense or to treat this Order as terminated by Seller’s breach and require the repayment of any part of the price which had been paid. Seller shall also reimburse Buyer for all commercially reasonable, documented and actually incurred costs and expenses incurred by Buyer as a result receiving non-conforming goods, including the cost of returning the non-conforming goods to the Seller, the costs, fees and penalties payable by Buyer to a customer, costs and expenses related to or arising from Buyer's purchase of substitute goods or services, incremental training costs for substitute goods and costs to rework and redesign facilities to accommodate substitute goods or services, expedited shipping costs, recall and field correction costs, product re-testing costs and customer and regulatory authority notification costs and costs of destruction. Payment for any goods under this Order shall not be deemed acceptance of the goods.

Appears in 6 contracts

Samples: Purchase Order Terms and Conditions, Purchase Order Terms and Conditions, Purchase Order Terms and Conditions

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Inspection/Testing. Goods purchased under this Order are subject to Buyer's reasonable inspection, testing, and approval at Buyer's destination. Order If any of the goods or services are found to be defective in material or workmanship, non-non- conforming to the warranties made herein or not in conformity with the requirements of this agreement, then the Buyer shall be entitled: (i) to require the Seller to supply replacement goods or re-perform the services in accordance with this Order as quickly as reasonably possible, or (ii) at the Buyer’s sole option and whether or not the Buyer has previously required the Seller to supply any replacement goods or re-perform the services, to reject and return such goods at Seller’s expense or to treat this Order as terminated by Seller’s breach and require the repayment of any part of the price which had been paid. Seller shall also reimburse Buyer for all commercially reasonable, documented and actually incurred costs and expenses incurred by Buyer as a result receiving non-non- conforming goods, including the cost of returning the non-conforming goods to the Seller, the costs, fees and penalties payable by Buyer to a customer, costs and expenses related to or arising from Buyer's purchase of substitute goods or services, incremental training costs for substitute goods and costs to rework and redesign facilities to accommodate substitute goods or services, expedited shipping costs, recall and field correction costs, product re-testing costs and customer and regulatory authority notification costs and costs of destruction. Payment for any goods under this Order shall not be deemed acceptance of the goods.

Appears in 5 contracts

Samples: Purchase Order Terms and Conditions, Purchase Order Terms and Conditions, Purchase Order Terms and Conditions

Inspection/Testing. Goods purchased under this Order order are subject to Buyer's reasonable inspection, testing, and approval at Buyer's destination. Order If any of the goods or services are found to be defective in material or workmanship, non-conforming to the warranties made herein or not in conformity with the requirements of this agreement, then the Buyer shall be entitled: (i) to require the Seller to supply replacement goods or re-perform the services in accordance with this Order order as quickly as reasonably possible, or (ii) at the Buyer’s sole option and whether or not the Buyer has previously required the Seller to supply any replacement goods or re-perform the services, to reject and return such goods at Seller’s expense or to treat this Order order as terminated by Seller’s breach and require the repayment of any part of the price which had been paid. Seller shall also reimburse Buyer for all commercially reasonable, documented and actually incurred costs and expenses incurred by Buyer Xxxxx as a result receiving non-conforming goods, including the cost of returning the non-conforming goods to the Seller, the costs, fees and penalties payable by Buyer to a customer, costs and expenses related to or arising from Buyer's purchase of substitute goods or services, incremental training costs for substitute goods and costs to rework and redesign facilities to accommodate substitute goods or services, expedited shipping costs, recall and field correction costs, product re-re- testing costs and customer and regulatory authority notification costs and costs of destruction. Payment for any goods under this Order order shall not be deemed acceptance of the goods.

Appears in 2 contracts

Samples: Purchase Order Terms and Conditions, Purchase Order Terms and Conditions

Inspection/Testing. Goods purchased under this Order are subject to Buyer's reasonable inspection, testing, and approval at Buyer's destination. Order If any of the goods or services are found to be defective in material or workmanship, non-conforming to the warranties made herein or not in conformity with the requirements of this agreementOrder, then the Buyer shall be entitled: (i) to require the Seller to supply replacement goods or re-perform the services in accordance with this Order as quickly as reasonably possible, or (ii) at the Buyer’s sole option and whether or not the Buyer has previously required the Seller to supply any replacement goods or re-perform the services, to reject and return such goods at Seller’s expense or to treat this Order as terminated by Seller’s breach and require the repayment of any part of the price which had been paid. Seller shall also reimburse Buyer for all commercially reasonable, documented and actually incurred costs and expenses incurred by Buyer as a result receiving non-conforming goods, including the cost of returning the non-conforming goods to the Seller, the costs, fees and penalties payable by Buyer to a customer, costs and expenses related to or arising from Buyer's purchase of substitute goods or and/or services, incremental training costs for substitute goods and costs to rework and redesign facilities to accommodate substitute goods or and/or services, expedited shipping costs, recall and field correction costs, product re-testing costs and customer and regulatory authority notification costs and costs of destruction. Payment for any goods under this Order shall not be deemed acceptance of the goods.

Appears in 2 contracts

Samples: Purchase Order Terms and Conditions, Purchase Order Terms and Conditions

Inspection/Testing. Goods purchased under this Order are subject to Buyer's reasonable inspection, testing, and approval at Buyer's destination. Order If any of the goods or services are found to be defective in material or workmanship, non-non- conforming to the warranties made herein or not in conformity with the requirements of this agreement, then the Buyer shall be entitled: (i) to require the Seller to supply replacement goods or re-perform the services in accordance with this Order as quickly as reasonably possible, or (ii) at the Buyer’s sole option and whether or not the Buyer has previously required the Seller to supply any replacement goods or re-perform the services, to reject and return such goods at Seller’s expense or to treat this Order as terminated by Seller’s breach and require the repayment of any part of the price which had been paid. Seller shall also reimburse Buyer for all commercially reasonable, documented and actually incurred costs and expenses incurred by Buyer Xxxxx as a result receiving non-non- conforming goods, including the cost of returning the non-conforming goods to the Seller, the costs, fees and penalties payable by Buyer to a customer, costs and expenses related to or arising from Buyer's purchase of substitute goods or services, incremental training costs for substitute goods and costs to rework and redesign facilities to accommodate substitute goods or services, expedited shipping costs, recall and field correction costs, product re-testing costs and customer and regulatory authority notification costs and costs of destruction. Payment for any goods under this Order shall not be deemed acceptance of the goods.

Appears in 2 contracts

Samples: Purchase Order Terms and Conditions, www.baxter.com

Inspection/Testing. Goods purchased under this Order are subject to Buyer's reasonable inspection, testing, and approval at Buyer's destination. Order If any of the goods or services are found to be defective in material or workmanship, non-non- conforming to the warranties made herein or not in conformity with the requirements of this agreement, then the Buyer shall be entitled: (i) to require the Seller to supply replacement goods or re-perform the services in accordance with this Order as quickly as reasonably possible, or (ii) at the Buyer’s sole option and whether or not the Buyer has previously required the Seller to supply any replacement goods or re-perform the services, to reject and return such goods at Seller’s expense or to treat this Order as terminated by Seller’s breach and require the repayment of any part of the price which had been paid. Seller shall also reimburse Buyer for all commercially reasonable, documented and actually incurred costs and expenses incurred by Buyer as a result receiving non-non- conforming goods, including the cost of returning the non-conforming non -conforming goods to the Seller, the costs, fees and penalties payable by Buyer to a customer, costs and expenses related to or arising from Buyer's purchase of substitute goods or services, incremental training costs for substitute goods and costs to rework and redesign facilities to accommodate substitute goods or services, expedited shipping costs, recall and field correction costs, product re-testing costs and customer and regulatory authority notification costs and costs of destruction. Payment for any goods under this Order shall not be deemed acceptance of the goodsgo ods.

Appears in 1 contract

Samples: Purchase Order Terms And

Inspection/Testing. Goods or products purchased under this Order order are subject to Buyer's reasonable inspection, testing, and approval at Buyer's destination. Order If any of the goods goods, products or services are found to be defective in material or workmanship, non-conforming to the warranties made herein or not in conformity with the requirements of this agreementorder, then the Buyer shall be entitled: (i) to require the Seller to supply replacement goods or products or re-perform the services in accordance with this Order order as quickly as reasonably possible, or (ii) at the Buyer’s sole option and whether or not the Buyer has previously required the Seller to supply any replacement goods or products or re-perform the services, to reject and return such goods o products at Seller’s expense or to treat this Order order as terminated by Seller’s breach and require the repayment of any part of the price which had been paid. Seller shall also reimburse Buyer for all commercially reasonable, documented and actually incurred costs and expenses actually incurred by Buyer as a result of receiving non-conforming goodsgoods or products, including the cost of returning the non-conforming goods or products to the Seller, the costs, fees and penalties payable by Buyer to a customer, costs and expenses related to or arising from Buyer's purchase of substitute goods goods, products or services, incremental training costs for substitute goods or products and costs to rework and redesign facilities to accommodate substitute goods goods, products or services, expedited shipping costs, recall and field correction costs, product re-testing costs and customer and regulatory authority notification costs and costs of destruction. Payment for any goods or products under this Order order shall not be deemed acceptance of the goodsgoods or products as conforming with specs or requirements.

Appears in 1 contract

Samples: Purchase Order Terms and Conditions

Inspection/Testing. Goods purchased under this Order are subject to Buyer's reasonable inspection, testing, and approval at Buyer's destination. Order If any of the goods or services are found to be defective in material or workmanship, non-conforming to the warranties made herein or not in conformity with the requirements of this agreement, then the Buyer shall be entitled: (i) to require the Seller to supply replacement goods or re-perform the services in accordance with this Order as quickly as reasonably possible, or (ii) at the Buyer’s sole option and whether or not the Buyer has previously required the Seller to supply any replacement goods or re-perform the services, to reject and return such goods at Seller’s expense or to treat this Order as terminated by Seller’s breach and require the repayment of any part of the price which had been paid. Seller shall also reimburse Buyer for all commercially reasonable, documented and actually incurred costs and expenses incurred by Buyer Xxxxx as a result receiving non-conforming goods, including the cost of returning the non-conforming goods to the Seller, the costs, fees and penalties payable by Buyer to a customer, costs and expenses related to or arising from Buyer's purchase of substitute goods or services, incremental training costs for substitute goods and costs to rework and redesign facilities to accommodate substitute goods or services, expedited shipping costs, recall and field correction costs, product re-testing costs and customer and regulatory authority notification costs and costs of destruction. Payment for any goods under this Order shall not be deemed acceptance of the goods.

Appears in 1 contract

Samples: Purchase Order Terms And

Inspection/Testing. Goods purchased under this Order order are subject to Buyer's reasonable inspection, testing, and approval at Buyer's destination. Order The Seller is liable for the defects of the sold goods that do not have the quality agreed to with the Buyer, as well as of any goods sold that have material, legal or economic defects, which remove or reduce the benefits expected and value of intended use, and that is contrary to its quality or quantity that affects its quality. In case of defective product delivery, the Buyer shall notify the Seller in writing about the situation within two (2) days and if it is not visible that the good is defective, then the Buyer shall have others to determine the situation and notify to the Seller within eight (8) days. If any of the goods or services are found to be defective in material or workmanship, non-conforming to the warranties made herein or not in conformity with the requirements of this agreement, then the Buyer shall be entitled: (i) to require the Seller to supply replacement goods or re-perform the services in accordance with this Order order as quickly as reasonably possible, or (ii) to request free reparation of the goods at the BuyerSeller’s sole option cost and whether expense, unless its reparation is too expensive, or not the Buyer has previously required the Seller to supply any replacement goods or re-perform the services, (iii) to reject and return such goods at Seller’s expense or (iv) to detain the sold goods and request reduction in the purchase price in proportion of the defects, (v) to treat this Order order as terminated by Seller’s breach by notifying that the Buyer is ready to return the purchased good to the Seller and require the repayment of any part of the price which had been paid. paid including with interests, Seller shall also reimburse Buyer for all commercially reasonable, documented and actually incurred costs and expenses incurred by Buyer as a result receiving non-conforming goods, including the cost of returning the non-conforming goods to the Seller, the costs, fees and penalties payable by Buyer to a customer, costs and expenses related to or arising from Buyer's purchase of substitute goods or services, incremental training costs for substitute goods and costs to rework and redesign facilities to accommodate substitute goods or services, expedited shipping costs, recall and field correction costs, product re-testing costs and customer and regulatory authority notification costs and costs of destructiondestruction and indemnify the direct losses of the Buyer occurred as a result of such defective goods. Payment for any goods under this Order order shall not be deemed acceptance of the goods.

Appears in 1 contract

Samples: Purchase Order Terms and Conditions

Inspection/Testing. Goods purchased under this Order are subject to Buyer's reasonable inspection, testing, and approval at Buyer's destination. Order If any of the goods or services are found to be defective in material or workmanship, non-conforming to the warranties made herein or not in conformity with the requirements of this agreement, then the Buyer shall be entitled: (i) to require the Seller to supply replacement goods or re-perform the services in accordance with this Order as quickly as reasonably possible, or (ii) at the Buyer’s sole option and whether or not the Buyer has previously required the Seller to supply any replacement goods or re-perform the services, to reject and return such goods at Seller’s expense or to treat this Order as terminated by Seller’s breach and require the repayment of any part of the price which had been paid. Seller shall also reimburse Buyer for all commercially reasonable, documented and actually incurred costs and expenses incurred by Buyer as a result receiving non-conforming goods, including the cost of returning the non-non- conforming goods to the Seller, the costs, fees and penalties payable by Buyer to a customer, costs and expenses related to or arising from Buyer's purchase of substitute goods or services, incremental training costs for substitute goods and costs to rework and redesign facilities to accommodate substitute goods or services, expedited shipping costs, recall and field correction costs, product re-testing costs and customer and regulatory authority notification costs and costs of destruction. Payment for any goods under this Order shall not be deemed acceptance of the goods.

Appears in 1 contract

Samples: Purchase Order Terms And

Inspection/Testing. Goods purchased under this Order order are subject to Buyer's reasonable inspection, testing, and approval at Buyer's destination. Order If any of the goods or services are found to be defective in material or workmanship, non-conforming to the warranties made herein or not in conformity with the requirements of this agreement, then the Buyer shall be entitled: (i) to require the Seller to supply replacement goods or re-perform the services in accordance with this Order order as quickly as reasonably possible, or (ii) at the Buyer’s sole option and whether or not option, except if the Buyer has previously required the Seller to supply any replacement goods or re-perform the services, to reject and return such goods at Seller’s expense or to treat this Order order as terminated by Seller’s breach and require the repayment of any part of the price which had been paid. Seller shall also reimburse Buyer for all commercially reasonable, documented and actually incurred costs and expenses incurred by Buyer as a result receiving non-non- conforming goods, including the cost of returning the non-conforming goods to the Seller, the costs, fees and penalties payable by Buyer to a customer, costs and expenses related to or arising from Buyer's purchase of substitute goods or servicesservices from Seller, incremental training costs for substitute goods and costs to rework and redesign facilities to accommodate substitute goods or services, expedited shipping costs, recall and field correction costs, product re-testing costs and customer and regulatory authority notification costs and costs of destruction. Payment for any goods under this Order order shall not be deemed acceptance of the goods.

Appears in 1 contract

Samples: Purchase Order Terms and Conditions

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Inspection/Testing. Goods purchased under this Order order are subject to Buyer's reasonable inspection, testing, and approval at Buyer's destination. Order If any of the goods or services are found to be defective in material or workmanship, non-conforming to the warranties made herein or not in conformity with the requirements of this agreement, then the Buyer shall be entitled: (i) to require the Seller to supply replacement goods or re-perform the services in accordance with this Order order as quickly as reasonably possible, or (ii) at the Buyer’s sole option and whether or not the Buyer has previously required the Seller to supply any replacement goods or re-perform the services, to reject and return such goods at Seller’s expense or to treat this Order order as terminated by Seller’s breach and require the repayment of any part of the price which had been paid. Seller shall also reimburse Buyer for all commercially reasonable, documented and actually incurred costs and expenses incurred by Buyer as a result receiving non-conforming goods, including the cost of returning the non-conforming goods to the Seller, the costs, fees and penalties payable by Buyer to a customer, costs and expenses related to or arising from Buyer's purchase of substitute goods or services, incremental training costs for substitute goods and costs to rework and redesign facilities to accommodate substitute goods or services, expedited shipping costs, recall and field correction costs, product re-testing costs and customer and regulatory authority notification costs and costs of destruction. Payment for any goods under this Order order shall not be deemed acceptance of the goods.

Appears in 1 contract

Samples: Purchase Order Terms and Conditions

Inspection/Testing. Goods purchased under this Order order are subject to Buyer's reasonable inspection, testing, and approval at Buyer's destination. Order If any of the goods or services are found to be defective in material or workmanship, non-conforming to the warranties made herein or not in conformity with the requirements of this agreement, then the Buyer shall be entitled: (i) to require the Seller to supply replacement goods or re-perform the services in accordance with this Order order as quickly as reasonably possible, or (ii) at the Buyer’s sole option and whether or not the Buyer has previously required the Seller to supply any replacement goods or re-perform the services, to reject and return such goods at Seller’s expense or to treat this Order order as terminated by Seller’s breach and require the repayment of any part of the price which had been paid. Seller shall also reimburse Buyer for all commercially reasonable, documented and actually incurred costs and expenses incurred by Buyer Xxxxx as a result receiving non-conforming goods, including the cost of returning the non-conforming goods to the Seller, the costs, fees and penalties payable by Buyer to a customer, costs and expenses related to or arising from Buyer's purchase of substitute goods or services, incremental training costs for substitute goods and costs to rework and redesign facilities to accommodate substitute goods or services, expedited shipping costs, recall and field correction costs, product re-testing costs and customer and regulatory authority notification costs and costs of destruction. Payment for any goods under this Order order shall not be deemed acceptance of the goods.

Appears in 1 contract

Samples: Purchase Order Terms and Conditions

Inspection/Testing. Goods purchased under this Order are subject to Buyer's reasonable inspection, testing, and approval at Buyer's destination. Order If any of the goods or services are found to be defective in material or workmanship, non-non- conforming to the warranties made herein or not in conformity with the requirements of this agreement, then the Buyer shall be entitled: (i) to require the Seller to supply replacement goods or re-perform the services in accordance with this Order as quickly as reasonably possible, or (ii) at the Buyer’s sole option and whether or not the Buyer has previously required the Seller to supply any replacement goods or re-perform the services, to reject and return such goods at Seller’s expense or to treat this Order as terminated by Seller’s breach and require the repayment of any part of the price which had been paid. Seller shall also reimburse Buyer for all commercially reasonable, documented and actually incurred costs and expenses incurred by Buyer Xxxxx as a result receiving non-non- conforming goods, including the cost of returning the non-conforming non -conforming goods to the Seller, the costs, fees and penalties payable by Buyer to a customer, costs and expenses related to or arising from Buyer's purchase of substitute goods or services, incremental training costs for substitute goods and costs to rework and redesign facilities to accommodate substitute goods or services, expedited shipping costs, recall and field correction costs, product re-testing costs and customer and regulatory authority notification costs and costs of destruction. Payment for any goods under this Order shall not be deemed acceptance of the goodsgo ods.

Appears in 1 contract

Samples: Purchase Order Terms And

Inspection/Testing. Goods purchased under this Order order are subject to Buyer's reasonable inspection, testing, and approval at Buyer's destination. Order All services performed hereunder are subject to Xxxxx’s satisfaction and final approval. If any of the goods or services are found to be defective in material or workmanship, non-conforming to the warranties made herein or not in conformity with the requirements of this agreement, then the Buyer shall be entitled: (i) to require the Seller to supply replacement goods or re-perform the services in accordance with this Order order as quickly as reasonably possible, or (ii) at the Buyer’s sole option and whether or not the Buyer has previously required the Seller to supply any replacement goods or re-re- perform the services, to reject and return such goods at Seller’s expense or to treat this Order order as terminated by Seller’s breach and require the repayment of any part of the price which had been paid. Seller shall also reimburse Buyer for all commercially reasonable, documented and actually incurred costs and expenses incurred by Buyer as a result receiving non-conforming goods, including the cost of returning the non-conforming goods to the Seller, the costs, fees and penalties payable by Buyer to a customer, costs and expenses related to or arising from Buyer's purchase of substitute goods or services, incremental training costs for substitute goods and costs to rework and redesign facilities to accommodate substitute goods or services, expedited shipping costs, recall and field correction costs, product re-testing costs and customer and regulatory authority notification costs and costs of destruction. Payment for any goods or services under this Order order shall not be deemed acceptance of the goodsgoods or services.

Appears in 1 contract

Samples: Purchase Order Terms and Conditions

Inspection/Testing. Goods or produts purchased under this Order order are subject to Buyer's reasonable inspection, testing, and approval at Buyer's destination. Order If any of the goods goods, products or services are found to be defective in material or workmanship, non-conforming to the warranties made herein or not in conformity with the requirements of this agreementorder, then the Buyer shall be entitled: (i) to require the Seller to supply replacement goods or products or re-perform the services in accordance with this Order order as quickly as reasonably possible, or (ii) at the Buyer’s sole option and whether or not the Buyer has previously required the Seller to supply any replacement goods or products or re-perform the services, to reject and return such goods o products at Seller’s expense or to treat this Order order as terminated by SellerXxxxxx’s breach and require the repayment of any part of the price which had been paid. Seller shall also reimburse Buyer for all commercially reasonable, documented and actually incurred costs and expenses actually incurred by Buyer as a result of receiving non-conforming goodsgoods or products, including the cost of returning the non-conforming goods or products to the Seller, the costs, fees and penalties payable by Buyer to a customer, costs and expenses related to or arising from Buyer's purchase of substitute goods goods, products or services, incremental training costs for substitute goods or products and costs to rework and redesign facilities to accommodate substitute goods goods, products or services, expedited shipping costs, recall and field correction costs, product re-testing costs and customer and regulatory authority notification costs and costs of destruction. Payment for any goods or products under this Order order shall not be deemed acceptance of the goodsgoods or products as conforming with specs or requirements.

Appears in 1 contract

Samples: www.baxter.com

Inspection/Testing. Goods purchased under this Order order are subject to Buyer's reasonable inspection, testing, and approval at Buyer's destination. Order If any of the goods or services are found to be defective in material or workmanship, non-conforming to any one of the warranties made herein or not in conformity with any of the requirements of this agreement, then the Buyer shall be entitled: (i) to require the Seller to supply replacement goods or re-perform the services in accordance with this Order order as quickly as reasonably possible, or (ii) at the Buyer’s sole option discretion and whether or not the Buyer has previously required the Seller to supply any replacement goods or re-perform the services, to reject and return such goods at Seller’s expense or to treat this Order order as terminated by Seller’s breach and require the repayment of any part of the price which had been paid. Seller shall also reimburse Buyer for all commercially reasonable, documented and actually incurred costs and expenses incurred by Buyer as a result receiving non-conforming goods, including but not limited to the cost of returning the non-conforming goods to the Seller, the costs, fees and penalties penalties, damages or liabilities due or payable by Buyer to a customer, costs and expenses related to or arising from Buyer's purchase of substitute goods or services, incremental training costs for substitute goods and costs to rework and redesign facilities to accommodate substitute goods or services, expedited shipping costs, recall and field correction costs, product re-testing costs and customer and regulatory authority notification costs and costs of destruction. Payment by the Buyer for any goods under this Order order shall not be deemed acceptance of the goodsgoods and the rights of the Buyer stipulated under this section shall not be excluded by the payment of any invoice. Inspection and testing carried out by the Buyer under this section shall not be deemed as exempting the Seller from, or excluding any of the warranties stipulated under section 6 hereof.

Appears in 1 contract

Samples: Purchase Order Terms and Conditions

Inspection/Testing. Goods purchased under this Order order are subject to Buyer's reasonable inspection, testing, and approval at Buyer's destination. Order If any of the goods or services are found to be defective def ective in material or workmanship, non-conforming to the warranties made herein or not in conformity conf ormity with the requirements of this agreement, then the Buyer shall be entitled: (i) to require the Seller to supply replacement goods or re-perform the services in accordance with this Order order as quickly as reasonably possible, or (ii) at the Buyer’s sole option and whether or not the Buyer has previously required the Seller to supply any replacement goods or re-perform perf orm the services, to reject and return such goods at Seller’s expense or to treat this Order order as terminated by Seller’s breach and require the repayment of any part of the price which had been paid. Seller shall also reimburse Buyer for all commercially reasonable, documented and actually incurred costs and expenses incurred by Buyer Xxxxx as a result receiving non-conforming goods, including the cost of returning the non-conforming goods to the Seller, the costs, fees f ees and penalties payable by Buyer to a customer, costs and expenses related to or arising from f rom Buyer's purchase of substitute goods or services, incremental training costs for substitute goods and costs to rework and redesign facilities f acilities to accommodate substitute goods or services, expedited shipping costs, recall and field f ield correction costs, product re-testing costs and customer and regulatory authority notification costs and costs of destruction. Payment for any goods under this Order order shall not be deemed acceptance of the goods.

Appears in 1 contract

Samples: Purchase Order Terms and Conditions

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