Shipment and Inspection. The terms and routing of shipment shall be as provided on the face hereof, or as Buyer otherwise directs. Buyer may revise shipping instructions as to any goods not then shipped. Buyer shall have the right to inspect any or all of the goods at Seller’s plant or upon Buyer’s receipt at Buyer selection. This right shall be exercisable notwithstanding Buyer’s having paid for the goods prior to inspection. Buyers, by reason of its failure to inspect the goods, shall not be deemed to have accepted any defective goods or goods which do not conform to the specifications therefore, or to have waived any of the Buyer’s rights or remedies arising by virtue of such defects or nonconformance.
Shipment and Inspection. Subject to any contrary terms contained in a PO which are expressly accepted by Seller, all Products are shipped F.O.B. Seller’s facility within thirty (30) days of tooling approval or PO completion and Buyer shall be responsible for arranging for and paying the carrier. Risk of loss and title shall pass to Buyer upon delivery to Xxxxx’s carrier. If Buyer fails to arrange for shipment of the Products within such thirty (30) day period, Seller shall be entitled to assess storage fees at a rate it determines in its reasonable discretion. The cost of any special packing or handling required by Buyer or the nature of the Products shall be borne by Buyer. Claims for damage, shortage or errors in shipping must be reported within two (2) days following delivery to Buyer. If Buyer has not previously approved the tooling, Buyer shall have ten (10) days from the date Buyer receives any products to inspect such products and services for defects and nonconformance which are not due to damage, shortage or errors in shipping and notify Seller, in writing, of any defects, nonconformance or rejection of such Products. After such ten (10) day period, Buyer shall be deemed to have irrevocably accepted the products, if not previously accepted. After such acceptance, Buyer shall have no right to reject the Products for any reason or to revoke acceptance. Buyer hereby agrees that such period is a reasonable amount of time for such inspection. Buyer shall have no right to order any change or modification to any PO or otherwise cancel any PO without Seller's written consent and payment to Seller of all charges, expenses and reasonable profits owed to or incurred by Seller. Xxxxx agrees that Seller may over ship Products in any delivery in an amount not to exceed five percent (5%) of the total order quantity without penalty and with the right to bill for the entirety of such order.
Shipment and Inspection. If goods are not shipped to and received by Gateway at the destination as specified on the purchase order, the vendor accepts that the goods may be returned and the order cancelled. Gateway shall have the right to inspect and reject any or all of the goods upon within twenty-four (24) hours of receipt, which shall be exercisable notwithstanding Gateway having paid for the goods. Inspection by Gateway shall not relieve the vendor from its responsibility of furnishing material strictly in accordance with specification. Goods not in accordance with specifications or defective goods may be returned to the vendor for full refund and replacement at the vendor’s risk and expense, including transportation charges both ways, but no goods shall be replaced without a formal replacement order signed by Gateway. Gateway shall not, by reason of its failure to inspect the goods, be deemed to have accepted any defective goods or goods which do not conform to the specifications thereof, or to have waived any of Gateway’s rights or remedies arising by virtue of such defect or non-conformance. When Gateway’s inspection at vendor’s location is specified before shipment, the vendor will promptly notify Gateway when material is ready for inspection, and in no case will the vendor ship the material without obtaining Gateway’s approval or release. Where the vendor fails to deliver the goods or services on or before the delivery date set out in this purchase order, Gateway may cancel this purchase order or any part of it without prejudice to its other rights, and may return, at the vendor’s expense, part or all of any shipment of material(s) received prior to or after the delivery date, and irrespective of whether this order is cancelled, Gateway may charge the vendor with any loss or expense sustained as a result of the later delivery or failure to deliver. Packing slips must accompany all shipments.
Shipment and Inspection. The terms and routing of shipment shall be as provided herein, or as otherwise directed by the City. City may revise shipping instructions as to any goods not then shipped. City shall have the right to inspect any or all of the goods at Vendor’s place of business or upon receipt by City at City’s election, which right shall be exercisable notwithstanding City having paid for the goods prior to inspection. City, by reason of its failure to inspect the goods, shall not be deemed to have accepted any defective goods or goods which do not conform to the specifications therefore, or to have waived any of City’s rights or remedies arising by virtue of such defects or non-conformance. Cost of inspection on deliveries or offers for delivery, which do not meet specifications, will be for the account of the Vendor. Shipping documents MUST cite this Agreement.
Shipment and Inspection. Subject to any contrary terms contained in a PO which are accepted by FALCON, in writing, all Products are shipped
Shipment and Inspection. Subject to any contrary terms contained in a PO which are accepted by ROSTI, in writing, all Products are shipped FOB/FCA ROSTI’s facility and Buyer shall be responsible for arranging for and paying the carrier. Risk of loss and title shall pass to Buyer upon delivery to the shipping carrier. The cost of any special packing or handling required by Buyer or the nature of the Products shall be borne by Buyer. Claims for damage, shortage, or errors in shipping must be reported within five
Shipment and Inspection. All goods must be delivered to (as applicable): Seneca Allegany Resort & Casino Warehouse Receiving at 000 Xxxxxx Xxxxxxxx Xxxx., Xxxxxxxxx, Xxx Xxxx; Seneca Buffalo Creek Casino Warehouse Receiving at 0 Xxxxxx Xxxxxx, Buffalo, New York; Seneca Niagara Resort & Casino Warehouse Receiving at 0000 Xxxxxxx Xxxx, Xxxxxxx Xxxxx, XX 00000, or Seneca Hickory Stick Golf Course, 0000 Xxxxx Xxxx Xxxxxxxx, Xxx Xxxx, to be accepted by Receiving Department personnel (or in the case of the golf course, clubhouse personnel), unless otherwise specified by the Procurement Department. If goods are not shipped to and received in accordance with the foregoing, Buyer accepts no responsibility for them, and Seller accepts that the goods may be returned and the order cancelled. Approval from Buyer's Procurement Department (only) to bypass the Receiving Department and have goods delivered elsewhere (as an exception) must be received prior to delivery and all goods must still be officially received by a designated receiver. Buyer shall have the right to inspect any or all of the goods upon Buyer's receipt, which right shall be exercisable notwithstanding Buyer's having paid for the goods prior to inspection. Goods not in accordance with specifications will be rejected and held at Seller's risk awaiting disposal. Defective goods may be returned to the Seller for full credit and replacement at the Seller's risk and expense, including transportation charges both ways, but no defective good shall be replaced without a formal replacement Purchase Order approved by Buyer. Buyer, by reason of its failure to inspect the goods, shall not be deemed to have accepted any defective goods or goods which do not conform to the specifications thereof, or to have waived any of Buyer's rights or remedies arising by virtue of such defects or nonconformance. Packing slips must accompany all shipments.
Shipment and Inspection. VENDOR assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products. No charges for transportation containers, packing, etc., will be allowed the vendor unless so specified in this Contract. All shipments shall be F.O. B. San Mateo. Transportation charges shall be shown as a separate item on the invoice. The CITY may revise shipping instructions as to any goods not as yet shipped. The CITY shall have the right to inspect any or all of the goods at VENDOR’s place of business or upon receipt by the CITY. By reason of its failure to inspect the goods, the CITY shall not be deemed to have accepted any defective goods or goods which do not conform to the specifications provided or to have waived any of the CITY’s rights or remedies arising by virtue of such defects or non-conformance. VENDOR shall be responsible for payment of shipping for the return of any defective goods. Shipping documents and invoices must cite the Purchase Order number.
Shipment and Inspection. The terms and routing of shipment shall be as provided on the face hereof, or as Buyer otherwise directs. Shipment must be made in the quantity specified and over-shipments may be rejected at Xxxxx’s discretion. Buyer may revise shipping instructions as to any goods not then shipped. Buyer shall have the right to inspect any or all of the goods upon Xxxxx’s receipt, which right shall be exercisable not withstanding Buyer’s having paid for the goods prior to inspection. Buyer, by reason of its failure to inspect the goods, shall not be deemed to have accepted any defective goods or goods which do not conform to the specification therefor, or to have waived any of Buyer’s rights or remedies arising by virtue of such defects or non-conformance. Buyer shall be under no duty to examine merchandise prior to cutting, processing or altering same and Buyer’s examination, cutting, processing, altering or otherwise dealing with the merchandise shall not be considered acceptance of the merchandise so as to bar any rights of Buyer. Complaints, claims or notice of any defect or breach shall be considered to be timely made if made within fifteen (15) days after Xxxxx actually discovers or learns of the existence thereof. In addition to all other warranties, express or implied, Seller warrants that the merchandise will be as ordered, will not be defective, and will be fit for the purpose for which sold. Where purchase is made on the basis of a sample, Seller warrants that production deliveries will be the same as sample.
Shipment and Inspection. The terms and routing of shipment shall be as provided on the face hereof, or as Utah State University otherwise directs. USU may revise shipping instructions as to any goods not then shipped. Utah State University shall have the right to inspect any or all of the goods at Contractor's plant or upon USU's receipt of said goods or at the University's election. This right shall be exercisable notwithstanding USU having paid for the goods prior to inspection. The University, by reason of its' failure to inspect the goods, shall not be deemed to have accepted any defective goods or goods which do not conform to the stated specifications, or to have waived any of its' rights or remedies arising by virtue of such defects or non-conformance.
