Quality Claims. (a) Quality claims only arise if the quality of the Material is not in conformity with the specifications stipulated in the relevant Specification and/or the Producer’s test certificate.
Quality Claims. Any claim regarding the quality or quantity of any Products delivered shall be waived unless submitted to the Seller in writing, together with supporting documentation and reasonable details of the facts on which the claim is based, within thirty (30) days after the date of delivery. The delivery date shall be determined by the xxxx of lading or other shipping document as appropriate for the delivery method.
Quality Claims. When any product quality complaint as to the condition of the Goods exists:
Quality Claims. (a) It is the Buyer’s responsibility to satisfy itself, through an independent laboratory analysis, that the Marine Fuel delivered is On-Specification before burning such Marine Fuel having regard to the timing requirement set out in clause 9.2(c).
Quality Claims. 3.1 We warrant that the Products are of merchantable quality and will comply with agreed specifications.
Quality Claims. Subject to the Statutory Provisions:
Quality Claims. Producer warrants that the quality of Ethanol delivered into the transportation vehicles conforms to the specifications attached as Schedule A. Producer shall not be required to sell or deliver, and Purchaser shall not be required to purchase or take delivery, of Ethanol that does not meet such specifications without the prior written mutual consent of Producer and Purchaser. In the event Ethanol does not meet the standards set forth in Schedule A when delivered by Producer to the transportation vehicles or upon receipt by Purchaser’s third party customer and quality claims arise as a result thereof, such quality claims will be administered by Purchaser upon notice to Producer. Such claims shall be solely for Producer’s account, and Purchaser shall not be responsible in any manner whatsoever for such claims. Notwithstanding the above, Producer shall not be responsible for the quality of any Ethanol which is transloaded (i.e. unloaded and reloaded into a transportation vehicle ) prior to its delivery to the third party customer.
Quality Claims. All claims by Xxxxx having anything to do with the quality of Product (including, for breach of Product warranty) must be made by Buyer in writing within 60 days after delivery and failure of Buyer to give such notice shall constitute a complete waiver by Buyer of any such claims and defense for Seller against any such claims.
Quality Claims. All claims by Buyer having anything to do with the quality of Product (including, for breach of Product warranty) must be made by Buyer in writing within 60 days after delivery and failure of Buyer to give such notice shall constitute a complete waiver by Buyer of any such claims and defense for Seller against any such claims.
Quality Claims. Complaints as to quality must be submitted to the Seller in writing no later than thirty (30) calendar days from the date of delivery. Xxxxx’s written complaint must include all necessary information for Seller to evaluate Xxxxx’s claim and results of any and all analyses of the product. Buyer shall preserve any parts allegedly damaged from the product and make the receiving vessel available for inspection within a reasonable time. Buyer shall also provide Seller with immediate access to the receiving vessel’s logs, computer records, communications, and / or any other pertinent documentation. If no written complaint concerning quality is received by Seller within thirty (30) calendar days from date of delivery, then any and all claims and complaints shall be deemed waived. Determination of quality shall only be based on tests of Seller’s retain sample(s) made as soon as possible by a mutually agreeable independent laboratory. It is acknowledged by Buyer that any claims based on samples other than Seller’s and / or its agents´ retain sample(s) will not be acceptable or enforceable in any court of law or equity. If the parties are unable to agree on an independent laboratory, then Seller shall select one. Seller shall not be responsible for any claim arising from the coming of Seller’s product with other products or materials by the receiving vessel. Costs for laboratory analysis of the Seller’s retaining sample(s) shall be paid by the no prevailing party.
