Common use of PRODUCT ACCEPTANCE Clause in Contracts

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. 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 Xxxxx 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 Xxxxx 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. 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 ** **thirty (30) Business Days of delivery. Buyer shall notify Seller within ** ** thirty (30) 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 ** ** (30) Business Days 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 ** ** thirty (30) 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. Each shipment The Buyer is required to check the quantity, identity and quality of Product from the products upon Delivery. Any apparent defect must be reported and recorded without any delay on the carrier’s delivery ticket, countersigned by the carrier’s representative and notice must then be served by the Buyer to the Seller by registered letter with acknowledgement of receipt. In case of apparent defect(s) due to the transportation, the Buyer shall forthwith submit to the carrier any reservation, which shall be inspected confirmed within a maximum period of three (3) business days from the delivery date, by Seller prior to shipment and shall contain such quality control certificates reasonably requested registered letter with acknowledgment of receipt describing explicitly the nature of the defect. In the event of undetected defect caused by Buyer certifyingthe transportation, 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 the reservation to the carrier within a maximum period of three (3) business days from the delivery date, by registered letter with acknowledgment of receipt. Any defect or damage which arises from any reason other than transportation shall be notified by the Buyer to the Seller within ** ** Business Days a maximum period of five (5) working days from the delivery date of the products. Failure to notify any reservation makes the Buyer’s claim unfounded. The Buyer must notify to the Seller any defect which could not be detected upon delivery, by registered letter with acknowledgement of receipt within a maximum period of thirty (30) calendar days of acceptance of the product by the Buyer or the discovery of the defect in case of latent defects. No claim for defect of the products may be made by Buyer one (1) year following the delivery of the products. Should the Buyer have failed to check the quantity and quality of the product or should it have used or sold the product, the Seller cannot be held liable for any apparent damages resulting from the product’s use. Should the product not comply with the technical specifications or in case of latent defects, the Seller, at its sole option, shall either replace or refund the defective material product, to the exclusion of any other compensation. The Buyer waives any rights to claim the Seller’s liability. No replacement or workmanship or reimbursement, which is not motivated by non-conformity compliance of the product with the technical specifications or latent defects, shall be made without the express prior written consent of the Seller. The Seller shall not be liable for any Product non-compliant products if the Buyer was aware of the non-compliance prior to delivery. In accordance with the Specifications or applicable purchase order. If Seller’s written instruction, the Buyer fails to notify Seller within thirty ** ** of delivery of an apparent defect, Buyer will be deemed to have accepted shall return the Product; provided, defective products at the Seller’s expense (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 Buyer strictly complies 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 requestsinstructions).