Common use of ACCEPTANCE AND REJECTION Clause in Contracts

ACCEPTANCE AND REJECTION. a. Buyer shall accept the Goods or give Seller notice of rejection or revocation of acceptance (“rejection” herein), notwithstanding any payment, prior test or inspection, or passage of title. No inspection, test, delay or failure to inspect or test or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this contract or impair any rights or remedies of Buyer. b. If Seller delivers non-conforming Goods, Buyer may at its option and at Seller's expense (i) return the Goods for credit or refund; (ii) require Seller to promptly correct or replace the Goods; (iii) correct the Goods; or (iv) obtain replacement Goods from another source. c. Seller shall not redeliver corrected or rejected goods without disclosing the former rejection or requirement for correction. Seller shall disclose any corrective action taken. Repair, replacement and other correction and redelivery shall be completed within the original delivery schedule or such later time as ▇▇▇▇▇'s Authorized Procurement Representative may reasonably direct. d. All costs and expenses and loss of value incurred as a result of or in connection with nonconformance and repair, replacement or other correction may be recovered from Seller by equitable price reduction or credit against any amounts that may be owed to Seller under this contract or otherwise.

Appears in 6 contracts

Sources: Fixed Price Goods Contract, Fixed Price Contract, Fixed Price Contract

ACCEPTANCE AND REJECTION. a. Buyer shall accept the Goods or give Seller notice of rejection due to any defect or revocation nonconformance within a reasonable time after the date of acceptance (“rejection” herein), notwithstanding any delivery. No payment, prior test or test, inspection, or passage of title. No inspection, testfailure, or delay or failure to inspect or test or in performing any of the foregoing, nor failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this contract Contract or impair any rights or remedies of Buyer, including revocation of acceptance. b. If Seller delivers defective or non-conforming Goods, Buyer may at its option and at Seller's expense expense: (i) return the Goods for credit or refund; (ii) require Seller to promptly correct or replace the Goods; (ii) return Goods for credit or refund; (iii) correct the Goods; or (iv) obtain replacement Goods from another source. Return to Seller of defective or non-conforming Goods and redelivery to Buyer of corrected or replaced Goods shall be at Seller's expense and risk of loss. c. Seller shall not redeliver corrected or rejected goods Goods without disclosing the former rejection or requirement for correction. Seller shall disclose any corrective action taken. Repair, replacement and other correction and redelivery shall be completed within the original delivery schedule or such later time as ▇▇▇▇▇'s Authorized Procurement Representative may reasonably direct. d. All costs and expenses and loss of value incurred as a result of or in connection with nonconformance and repair, replacement or other correction may be recovered from Seller by equitable price reduction or credit against any amounts that may be owed to Seller under this contract or otherwise.

Appears in 3 contracts

Sources: Purchase Agreement, Purchase Agreement, Purchase Agreement

ACCEPTANCE AND REJECTION. a. (a) Buyer shall accept the Goods or give Seller notice of rejection or revocation of acceptance (“rejection” herein), notwithstanding any payment, prior test or inspection, or passage of title. No inspection, test, delay or failure to inspect or test or failure to discover any defect or other nonconformance nonperformance shall relieve Seller of any obligations under this contract or impair any rights or remedies of Buyer. b. (b) If Seller delivers non-conforming nonconforming Goods, Buyer may at its option and at Seller's ’s expense (i) return the Goods for credit or refund; (ii) require Seller to promptly correct or replace the Goods; or (iii) correct the Goods; or (iv) obtain replacement Goods from another source. c. (c) Seller shall not redeliver corrected or rejected goods Goods without disclosing the former rejection or requirement for correction. Seller shall disclose any corrective action taken. Repair, replacement and other correction and redelivery delivery shall be completed within the original delivery schedule or such later time as ▇▇▇▇▇'s Authorized Procurement Representative Buyer may reasonably direct. d. (d) All costs and expenses and loss of value incurred as a result of or in connection with nonconformance nonperformance and repair, replacement or other correction may be recovered from Seller by equitable price reduction or credit against any amounts that may be owed to Seller under this contract or otherwise.

Appears in 3 contracts

Sources: Purchase Agreement, Purchase Agreement, Purchase Agreement

ACCEPTANCE AND REJECTION. a. Buyer shall accept the Goods or give Seller notice of rejection due to any defect or revocation nonconformance within a reasonable time after the date of acceptance (“rejection” herein), notwithstanding any delivery. No payment, prior test or test, inspection, or passage of title. No inspection, testfailure, or delay or failure to inspect or test or in performing any of the foregoing, nor failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this contract Contract or impair any rights or remedies of Buyer, including revocation of acceptance. b. If Seller delivers defective or non-conforming Goods, Buyer may at its option and at Seller's expense ’s expense: (i) return the Goods for credit or refund; (ii) require Seller to promptly correct or replace the Goods; (ii) return Goods for credit or refund; (iii) correct the Goods; or (iv) obtain replacement Goods from another source. Return to Seller of defective or non-conforming Goods and redelivery to Buyer of corrected or replaced Goods shall be at Seller’s expense and risk of loss. c. Seller shall not redeliver corrected or rejected goods Goods without disclosing the former rejection or requirement for correction. Seller shall disclose any corrective action taken. Repair, replacement and other correction and redelivery shall be completed within the original delivery schedule or such later time as ▇▇▇▇▇'s ’s Authorized Procurement Representative may reasonably direct. d. All costs and expenses and loss of value incurred as a result of or in connection with nonconformance and repair, replacement or other correction may be recovered from Seller by equitable price reduction or credit against any amounts that may be owed to Seller under this contract or otherwise.

Appears in 3 contracts

Sources: Purchase Agreement, Purchase Agreement, Purchase Agreement

ACCEPTANCE AND REJECTION. a. Buyer shall accept the Goods or give Seller notice of rejection due to any defect or revocation nonconformance within a reasonable time after the date of acceptance (“rejection” herein), notwithstanding any delivery. No payment, prior test or test, inspection, or passage of title. No inspection, testfailure, or delay or failure to inspect or test or in performing any of the foregoing, nor failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this contract Contract or impair any rights or remedies of Buyer, including revocation of acceptance. b. If Seller delivers defective or non-conforming Goods, Buyer may at its option and at Seller's expense ’s expense: (i) return the Goods for credit or refund; (ii) require Seller to promptly correct or replace the Goods; (ii) return Goods for credit or refund; (iii) correct the Goods; or (iv) obtain replacement Goods from another source. Return to Seller of defective or non-conforming Goods and redelivery to Buyer of corrected or replaced Goods shall be at Seller’s expense and risk of loss. c. Seller shall not redeliver corrected or rejected goods Goods without disclosing the former rejection or requirement for correction. Seller shall disclose any corrective action taken. Repair, replacement and other correction and redelivery shall be completed within the original delivery schedule or such later time as ▇▇▇▇▇'s Authorized Procurement Representative Buyer may reasonably direct. d. All costs and expenses and loss of value incurred as a result of or in connection with nonconformance and repair, replacement or other correction may be recovered from Seller by equitable price reduction or credit against any amounts that may be owed to Seller under this contract or otherwise.

Appears in 3 contracts

Sources: Purchase Agreement, General Terms and Conditions of Purchase, General Terms and Conditions of Purchase

ACCEPTANCE AND REJECTION. a. Buyer shall accept the Goods or give Seller notice of rejection or revocation within a reasonable time after the date of acceptance (“rejection” herein)delivery, notwithstanding any payment, prior test or inspection, or passage of title. No inspection, test, delay or failure to inspect or test or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this contract Contract or impair any rights or remedies of Buyer, including revocation of acceptance. b. If Seller delivers non-conforming Goods, Buyer may at its option and at Seller's expense expense: (i) return the Goods for credit or refund; (ii) require Seller to promptly correct or replace the Goods; (ii) return the Goods for credit or refund; (iii) correct the Goods; or (iv) obtain replacement Goods from another source. c. Seller shall not redeliver corrected or rejected goods Goods without disclosing the former rejection or requirement for correction. Seller shall disclose any corrective action taken. Repair, replacement and other correction and redelivery shall be completed within the original delivery schedule or such later time as ▇▇▇▇▇'s Authorized Procurement Representative may reasonably direct. d. All costs and expenses and loss of value incurred as a result of or in connection with nonconformance and repair, replacement or other correction may be recovered from Seller by equitable price reduction or credit against any amounts that may be owed to Seller under this contract Contract or otherwise.

Appears in 2 contracts

Sources: Fixed Price Contract, General Provisions

ACCEPTANCE AND REJECTION. a. (a) Buyer shall accept the Goods or give Seller notice of rejection or revocation of acceptance (“rejection” herein)within a reasonable time after receipt at destination, notwithstanding any payment, payment or prior test or inspection, or passage of title. No inspection, test, delay or failure to inspect or test test, or failure to discover any defect or other nonconformance nonconformance, shall relieve Seller of any obligations under this contract or impair any rights or remedies of Buyer or Buyer’s customer. Acceptance shall be conclusive, except for latent defects, fraud or gross mistakes amounting to fraud. b. (b) If Seller delivers non-conforming nonconforming Goods, Buyer may may, at its option and at Seller's expense ’s expense: (i) return the Goods for credit or refund; (ii) require Seller to promptly correct or replace the Goods; (iii) correct the Goods; or (iv) obtain replacement Goods from another source. c. . Seller shall not redeliver corrected or rejected goods without disclosing the former rejection or requirement for correction. When required, Seller shall disclose any the corrective action taken. Repair, replacement and other correction and redelivery shall be completed within the original delivery schedule or such later time as ▇▇▇▇▇'s ’s Authorized Procurement Purchasing Representative may reasonably direct. d. All costs and expenses and loss of value incurred as a result of or in connection with nonconformance and repair, replacement or other correction may be recovered from Seller by equitable price reduction or credit against any amounts that may be owed to Seller under this contract or otherwise.

Appears in 2 contracts

Sources: Commercial Non Production Goods Contract, Fixed Price Contract

ACCEPTANCE AND REJECTION. a. Buyer shall accept the Goods or give Seller notice of rejection due to any defect or revocation nonconformance within a reasonable time after the date of acceptance (“rejection” herein), notwithstanding any delivery. No payment, prior test or test, inspection, or passage of title. No inspection, testany failure or delay in performing any of the foregoing, delay or failure to inspect or test or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this contract Contract or impair any rights or remedies of Buyer, including revocation of acceptance. b. If Seller delivers defective or non-conforming Goods, Buyer may at its option and at Seller's expense expense: (i) return the Goods for credit or refund; (ii) require Seller to promptly correct or replace the Goods; (ii) return Goods for credit or refund; (iii) correct the Goods; or (iv) obtain replacement Goods from another source. Return to Seller of defective or non-conforming Goods and redelivery to Buyer of corrected or replaced Goods shall be at Seller's expense. c. Seller shall not redeliver corrected or rejected goods Goods without disclosing the former rejection or requirement for correction. Seller shall disclose any corrective action taken. Repair, replacement and other correction and redelivery shall be completed within the original delivery schedule or such later time as ▇▇▇▇▇'s Authorized Procurement Representative may reasonably direct. d. All costs and expenses and loss of value incurred as a result of or in connection with nonconformance and repair, replacement or other correction may be recovered from Seller by equitable price reduction or credit against any amounts that may be owed to Seller under this contract or otherwise.

Appears in 2 contracts

Sources: Purchase Agreement, Purchase Agreement

ACCEPTANCE AND REJECTION. a. a) Buyer shall accept the Goods or give Seller notice of rejection due to any defect or revocation nonconformance within a reasonable time after the date of acceptance (“rejection” herein), notwithstanding any delivery. No payment, prior test or test, inspection, or passage of title. No inspection, testany failure or delay in performing any of the foregoing, delay or failure to inspect or test or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this contract PO or impair any rights or remedies of Buyer, including revocation of acceptance. b. b) If Seller delivers defective or non-conforming Goods, Buyer may at its option and at Seller's expense expense: (i) return the Goods for credit or refund; (ii) require Seller to promptly correct or replace the Goods; (ii) return the Goods for credit or refund; (iii) correct the Goods; or (iv) obtain replacement Goods from another source. Return to Seller of defective or non-conforming Goods and redelivery to Buyer of corrected or replaced Goods shall be at Seller's expense. c. c) Seller shall not redeliver corrected or rejected goods Goods without disclosing the former rejection or requirement for correction. Seller shall disclose any corrective action taken. Repair, replacement and other correction and redelivery shall be completed within the original delivery schedule or such later time as ▇▇▇▇▇'s Authorized Procurement Representative may reasonably direct. d. All costs and expenses and loss of value incurred as a result of or in connection with nonconformance and repair, replacement or other correction may be recovered from Seller by equitable price reduction or credit against any amounts that may be owed to Seller under this contract or otherwise.

Appears in 1 contract

Sources: Purchase Order

ACCEPTANCE AND REJECTION. a. Buyer shall accept the Goods or give Seller written notice of rejection or revocation of acceptance (“rejection” herein), notwithstanding any one or more of payment, prior test or inspection, or passage of title. No inspection, test, delay or failure to inspect or test or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this contract or otherwise impair any rights or remedies of Buyer. b. If Seller delivers non-conforming Goods, Buyer may at its sole option and at Seller's ’s expense (i) return the Goods for credit or refund; (ii) require Seller to promptly correct correct, repair or replace the Goods; , (iii) correct or repair the Goods; or (iv) obtain replacement Goods from another source. c. Seller shall not redeliver corrected or rejected goods without disclosing disclosing, in writing, the former rejection or requirement for correction. Among other things, Seller shall disclose and set forth any corrective action taken. Repair, replacement and other correction and redelivery shall be completed within the original delivery schedule or such later time as ▇▇▇▇▇'s ’s Authorized Procurement Representative may reasonably directdirect in writing. d. All costs and expenses and loss of value incurred as a result of or in connection with nonconformance and repair, replacement or other correction may be recovered by Buyer from Seller by equitable price reduction or credit against any amounts that may be owed to Seller under this contract or otherwise.

Appears in 1 contract

Sources: Terms and Conditions

ACCEPTANCE AND REJECTION. a. Buyer shall accept the Goods or give Seller notice of rejection or revocation of acceptance (“rejection” herein), notwithstanding any payment, prior test or inspection, or passage of title. No inspection, test, delay or failure to inspect or test or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this contract or impair any rights or remedies of Buyer. b. If Seller delivers non-conforming nonconforming Goods, Buyer may at its option and at Seller's expense (i) return the Goods for credit or refund; (ii) require Seller to promptly correct or replace the Goods; (iii) correct the Goods; or (iv) obtain replacement Goods from another source. c. Seller shall not redeliver corrected or rejected goods without disclosing the former rejection or requirement for correction. Seller shall disclose any corrective action taken. Repair, replacement and other correction and redelivery shall be completed within the original delivery schedule or such later time as ▇▇▇▇▇'s Authorized Procurement Representative may reasonably direct. d. All costs and expenses and loss of value incurred as a result of or in connection with nonconformance and repair, replacement or other correction may be recovered from Seller by equitable price reduction or credit against any amounts that may be owed to Seller under this contract or otherwise.

Appears in 1 contract

Sources: Fixed Price Contract

ACCEPTANCE AND REJECTION. a. Buyer shall accept the Goods or give Seller notice of rejection due to any defect or revocation nonconformance within a reasonable time after the date of acceptance (“rejection” herein), notwithstanding any delivery. No payment, prior test or test, inspection, or passage of title. No inspection, testfailure, or delay or failure to inspect or test or in performing any of the foregoing, nor failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this contract Contract or impair any rights or remedies of Buyer, including revocation of acceptance. b. If Seller delivers defective or non-conforming Goods, Buyer may at its option and at Seller's expense ’s expense: (i) return the Goods for credit or refund; (ii) require Seller to promptly correct or replace the Goods; (ii) return Goods for credit or refund; (iii) correct the Goods; or (iv) obtain replacement Goods from another source. Return to Seller of defective or non- conforming Goods and redelivery to Buyer of corrected or replaced Goods shall be at Seller’s expense and risk of loss. c. Seller shall not redeliver corrected or rejected goods Goods without disclosing the former rejection or requirement for correction. Seller The seller shall disclose any corrective action taken. Repair, replacement and other correction corrections and redelivery shall be completed within the original delivery schedule or such later time as ▇▇▇▇▇'s Authorized Procurement Representative ’s authorized representative may reasonably direct. d. All costs and expenses and loss of value incurred as a result of or in connection with nonconformance and repair, replacement or other correction may be recovered from Seller by equitable price reduction or credit against any amounts that may be owed to Seller under this contract or otherwise.

Appears in 1 contract

Sources: Terms and Conditions of Purchase

ACCEPTANCE AND REJECTION. a. Buyer shall accept the Goods or give Seller notice of rejection due to any defect or revocation nonconformance within a reasonable time after the date of acceptance (“rejection” herein), notwithstanding any delivery. No payment, prior test or test, inspection, or passage of title. No inspection, testany failure or delay in performing any of the foregoing, delay or failure to inspect or test or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this contract Contract or impair any rights or remedies of Buyer, including revocation of acceptance. b. If Seller delivers defective or non-conforming Goods, Buyer may at its option and at Seller's expense expense: (i) return the Goods for credit or refund; (ii) require Seller to promptly correct or replace the Goods; (ii) return the Goods for credit or refund; (iii) correct the Goods; or (iv) obtain replacement Goods from another source. Return to Seller of defective or non- conforming Goods and redelivery to Buyer of corrected or replaced Goods shall be at Seller's expense. c. Seller shall not redeliver corrected or rejected goods Goods without disclosing the former rejection or requirement for correction. Seller shall disclose any corrective action taken. Repair, replacement and other correction and redelivery shall be completed within the original delivery schedule or such later time as ▇▇▇▇▇'s Authorized Procurement Representative may reasonably direct. d. All costs and expenses and loss of value incurred as a result of or in connection with nonconformance and repair, replacement or other correction may be recovered from Seller by equitable price reduction or credit against any amounts that may be owed to Seller under this contract or otherwise.

Appears in 1 contract

Sources: Purchase Order Agreement

ACCEPTANCE AND REJECTION. a. a) Buyer shall accept the Goods Goods, or give Seller notice of rejection or revocation of acceptance (“rejection” herein), notwithstanding any payment, prior test or inspection, or passage of title. No inspection, test, delay or failure to inspect or test or failure to discover any defect or other nonconformance non-conformance shall relieve Seller of any obligations under this contract or impair any rights or remedies of Buyer. b. b) If Seller delivers non-conforming Goods, Buyer may at its option and at Seller's ’s expense (i) return the Goods for credit or refund; (ii) require Seller to promptly correct or replace the GoodsGoods or Services; (iii) correct the GoodsGoods or Services; or (iv) obtain replacement Goods from another source. c. c) Seller shall not redeliver corrected or rejected goods without disclosing the former rejection or requirement requirements for correction. Seller shall disclose any corrective action taken. Repair, replacement and other correction and redelivery shall be completed within the original delivery schedule or such later time as ▇▇▇▇▇'s Authorized Procurement Representative Buyer’s CR may reasonably direct. d. d) All costs and expenses and loss of value incurred as a result of or in connection with nonconformance non-conformance and repair, replacement or other correction may be recovered from Seller by equitable price reduction or credit against any amounts that may be owed to Seller under this contract PO or otherwise.

Appears in 1 contract

Sources: Fixed Price Contract

ACCEPTANCE AND REJECTION. a. Buyer shall accept the Goods or give Seller notice of rejection or revocation of acceptance (“rejection” herein), notwithstanding any payment, prior test or inspection, or passage of title. No inspection, test, delay or failure to inspect or test or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this contract or impair any rights or remedies of Buyer. b. If Seller delivers non-conforming Goods, Buyer may at its option and at Seller's expense (i) return the Goods for credit or refund; (ii) require Seller to promptly correct or replace the Goods; (iii) correct the Goods; or (iv) obtain replacement Goods from another source. c. Seller shall not redeliver corrected or rejected goods Goods without disclosing the former rejection or requirement for correction. Seller shall disclose any corrective action taken. Repair, replacement and other correction and redelivery shall be completed within the original delivery schedule or such later time as ▇▇▇▇▇'s Authorized Procurement Representative may reasonably direct. d. All costs and expenses and loss of value incurred as a result of or in connection with nonconformance and repair, replacement or other correction may be recovered from Seller by equitable price reduction or credit against any amounts that may be owed to Seller under this contract or otherwise.

Appears in 1 contract

Sources: General Provisions

ACCEPTANCE AND REJECTION. a. Buyer shall accept the Goods or give Seller notice of rejection or revocation of acceptance (“rejection” herein), notwithstanding any payment, prior test or inspection, or passage of title. No inspection, test, delay or failure to inspect or test or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this contract or impair any rights or remedies of Buyer. b. If Seller delivers non-conforming Goods, Buyer may at its option and at Seller's expense (i) return the Goods for credit or refund; (ii) require Seller to promptly correct or replace the Goods; (iii) correct the Goods; or (iv) obtain replacement Goods from another source. c. Seller shall not redeliver corrected or rejected goods without disclosing the former rejection or requirement for correction. Seller shall disclose any corrective action taken. Repair, replacement and other correction and redelivery shall be completed within the original delivery schedule or such later time as ▇▇▇▇▇'s Authorized Procurement Representative may reasonably direct. d. All costs and expenses and loss of value incurred as a result of or in connection with nonconformance and repair, replacement or other correction may be recovered from Seller by equitable price reduction or credit against any amounts that may be owed to Seller under this contract or otherwise.

Appears in 1 contract

Sources: Fixed Price Goods Contract

ACCEPTANCE AND REJECTION. a. Buyer shall accept the Goods or give Seller written notice of rejection or revocation within a reasonable time from the date of acceptance (“rejection” herein)delivery, notwithstanding any payment, prior test or inspection, or passage of title. No inspection, test, delay or failure to inspect or test or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this contract or impair any rights or remedies of Buyer, including revocation of acceptance. b. If Seller delivers non-conforming Goods, Buyer may at its option and at Seller's expense (i) return the Goods for credit or refund; (ii) require Seller to promptly correct or replace the Goods; (ii) return the Goods for credit or refund; ; (iii) correct the Goods; or (iv) obtain replacement Goods from another source. c. Seller shall not redeliver corrected or rejected goods Goods without disclosing the former rejection or requirement for correction. Seller shall disclose any corrective action taken. Repair, replacement and other correction and redelivery shall be completed within the original delivery schedule or such later time as ▇▇▇▇▇'s Authorized Procurement Representative may reasonably direct. d. All costs and expenses and loss of value incurred as a result of or in connection with nonconformance and repair, replacement or other correction may be recovered from Seller by equitable price reduction or credit against any amounts that may be owed to Seller under this contract or otherwise.

Appears in 1 contract

Sources: Fixed Price Goods Contract

ACCEPTANCE AND REJECTION. a. Buyer shall accept the Goods or give Seller notice of rejection due to any defect or revocation nonconformance within a reasonable time after the date of acceptance (“rejection” herein), notwithstanding any delivery. No payment, prior test or test, inspection, or passage of title. No inspection, testany failure or delay in performing any of the foregoing, delay or failure to inspect or test or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this contract Contract or impair any rights or remedies of Buyer, including but not limited to revocation of acceptance. b. If Seller delivers defective or non-conforming Goods, Buyer may at its option and at Seller's expense ’s expense: (i) return the Goods for credit or refund; (ii) require Seller to promptly correct or replace the Goods; (ii) return Goods for credit or refund; (iii) correct the Goods; or (iv) obtain replacement Goods from another source. Return to Seller of defective or non-conforming Goods and redelivery to Buyer of corrected or replaced Goods shall be at Seller’s expense and risk of loss. c. Seller shall not redeliver corrected or rejected goods Goods without disclosing the former rejection or requirement for correction. Seller shall disclose any corrective action taken. Repair, replacement and other correction and redelivery shall be completed within the original delivery schedule or such later time as ▇▇▇▇▇'s ’s Authorized Procurement Representative may reasonably direct. d. All costs and expenses and loss of value incurred as a result of or in connection with nonconformance and repair, replacement or other correction may be recovered from Seller by equitable price reduction or credit against any amounts that may be owed to Seller under this contract or otherwise.

Appears in 1 contract

Sources: Purchase Agreement

ACCEPTANCE AND REJECTION. a. Buyer shall accept the Goods or give Seller written notice of rejection or revocation of acceptance (“rejection” herein), notwithstanding any one or more of payment, prior test or inspection, or passage of title. No inspection, test, delay or failure to inspect or test or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this contract or otherwise impair any rights or remedies of Buyer. b. If Seller delivers non-conforming Goods, Buyer may at its sole option and at Seller's expense ’s expense (i) return the Goods for credit or refund; (ii) require Seller to promptly correct correct, repair or replace the Goods; , (iii) correct or repair the Goods; or (iv) obtain replacement Goods from another source. c. Seller shall not redeliver corrected or rejected goods without disclosing disclosing, in writing, the former rejection or requirement for correction. Among other things, Seller shall disclose and set forth any corrective action taken. Repair, replacement and other correction and redelivery shall be completed within the original delivery schedule or such later time as ▇▇▇▇▇'s ’s Authorized Procurement Representative may reasonably directdirect in writing. d. All costs and expenses and loss of value incurred as a result of or in connection with nonconformance and repair, replacement or other correction may be recovered by Buyer from Seller by equitable price reduction or credit against any amounts that may be owed to Seller under this contract or otherwise.

Appears in 1 contract

Sources: Purchase Order Agreement

ACCEPTANCE AND REJECTION. a. Buyer shall accept the Goods or give Seller notice of rejection or revocation of acceptance (“rejection” herein)acceptance, notwithstanding any payment, prior test or inspection, or passage of title. No inspection, test, delay or failure to inspect or test or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this contract or impair any rights or remedies of Buyer. b. . If Seller delivers non-conforming Goods, Buyer may at its option and at Seller's ’s expense (i) return the Goods for credit or refund; (ii) require Seller to promptly correct or replace the Goods; (iii) correct the Goods; or (iv) obtain replacement Goods from another source. c. source subject to Order remedies. Seller shall not redeliver corrected or rejected goods without disclosing the former rejection or requirement for correction. Seller shall disclose any corrective action taken. Repair, replacement and other correction and redelivery shall be completed within the original delivery schedule or such later time as ▇▇▇▇▇'s ’s Authorized Procurement Representative may reasonably direct. d. . All costs and expenses and loss of value incurred as a result of or in connection with nonconformance and repair, replacement or other correction may shall be recovered from Seller by equitable price reduction or credit against any amounts that may be owed to Seller under this contract purchase agreement or otherwise.

Appears in 1 contract

Sources: Purchase Agreement

ACCEPTANCE AND REJECTION. a. Buyer shall accept the Goods or give Seller notice of rejection due to any defect or revocation nonconformance within a reasonable time after the date of acceptance (“rejection” herein), notwithstanding any delivery. No payment, prior test or test, inspection, or passage of title. No inspection, testany failure or delay in performing any of the foregoing, delay or failure to inspect or test or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this contract PO or impair any rights or remedies of Buyer, including revocation of acceptance. b. If Seller delivers defective or non-conforming Goods, Buyer may at its option and at Seller's expense expense: (i) return the Goods for credit or refund; (ii) require Seller to promptly correct or replace the Goods; (ii) return the Goods for credit or refund; (iii) correct the Goods; or (iv) obtain replacement Goods from another source. Return to Seller of defective or non-conforming Goods and redelivery to Buyer of corrected or replaced Goods shall be at Seller's expense. c. Seller shall not redeliver corrected or rejected goods Goods without disclosing the former rejection or requirement for correction. Seller shall disclose any corrective action taken. Repair, replacement and other correction and redelivery shall be completed within the original delivery schedule or such later time as ▇▇▇▇▇'s Authorized Procurement Representative may reasonably direct. d. All costs and expenses and loss of value incurred as a result of or in connection with nonconformance and repair, replacement or other correction may be recovered from Seller by equitable price reduction or credit against any amounts that may be owed to Seller under this contract or otherwise.

Appears in 1 contract

Sources: Purchase Order Agreement

ACCEPTANCE AND REJECTION. a. Buyer shall accept the Goods or give Seller notice of rejection due to any defect or revocation nonconformance within ten (10) working days after the date of acceptance (“rejection” herein), notwithstanding any delivery. No payment, prior test or inspection, or passage of title. No inspection, testany failure or delay in performing any of the forgoing, delay or failure to inspect or test or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this contract Contract or impair any rights or remedies of Buyer, including revocation of acceptance. b. If Seller delivers non-conforming Goods, Buyer may at its option and at Seller's expense (i) return the Goods for credit or refund; (ii) require Seller to promptly correct or replace the Goods; (ii) return the Goods for credit or refund; (iii) correct the GoodsGoods itself; or (iv) obtain replacement Goods from another source. Return to Seller of defective or non-conforming Goods and redelivery to Buyer of corrected or replaced Goods shall be at Seller’s expense. c. Seller shall not redeliver corrected or rejected goods Goods without disclosing the former rejection or requirement for correction. Seller shall disclose any corrective action taken. Repair, replacement and other correction and redelivery shall be completed within the original delivery schedule or such later time as ▇▇▇▇▇'s Authorized Procurement Representative may reasonably direct. d. All costs and expenses and loss of value incurred as a result of or in connection with nonconformance and repair, replacement or other correction may be recovered from Seller by equitable price reduction in the Contract Price or credit against any amounts that may be owed to Seller under this contract Contract or otherwise.

Appears in 1 contract

Sources: Purchase Contract

ACCEPTANCE AND REJECTION. a. a) Buyer shall accept the Goods or give Seller notice of rejection or revocation within a reasonable time after the date of acceptance (“rejection” herein)delivery, notwithstanding any payment, prior test or inspection, or passage of title. No inspection, test, delay or failure to inspect or test or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this contract Contract or impair any rights or remedies of Buyer, including revocation of acceptance. b. b) If Seller delivers non-conforming non‐conforming Goods, Buyer may at its option and at Seller's expense expense: (i) return the Goods for credit or refund; (ii) require Seller to promptly correct or replace the Goods; (ii) return the Goods for credit or refund; (iii) correct the Goods; or (iv) obtain replacement Goods from another source. c. c) Seller shall not redeliver corrected or rejected goods Goods without disclosing the former rejection or requirement for correction. Seller shall disclose any corrective action taken. Repair, replacement and other correction and redelivery shall be completed within the original delivery schedule or such later time as ▇▇▇▇▇'s Authorized Procurement Representative may reasonably direct. d. . d) All costs and expenses and loss of value incurred as a result of or in connection with nonconformance and repair, replacement or other correction may be recovered from Seller by equitable price reduction or credit against any amounts that may be owed to Seller under this contract Contract or otherwise.

Appears in 1 contract

Sources: Purchase Agreement

ACCEPTANCE AND REJECTION. a. Buyer shall accept the Goods or give Seller notice of rejection or revocation of acceptance (“rejection” herein), notwithstanding any payment, prior test or inspection, or passage of title. No inspection, test, delay or failure to inspect or test or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this contract Order or impair any rights or remedies of Buyer. b. . If Seller delivers non-conforming nonconforming Goods, Buyer may at its option and at Seller's expense (ia) return the Goods for credit or refund; (iib) require Seller to promptly correct or replace the Goods; (iii) correct the Goods; or (ivc) obtain replacement Goods from another source. c. . Seller shall not redeliver corrected or rejected goods Goods without disclosing the former rejection or requirement for correction. Seller shall disclose any corrective action taken. Repair, replacement and other correction and redelivery shall be completed within the original delivery schedule or such later time as ▇▇▇▇▇'s Authorized Procurement Representative may reasonably direct. d. . All costs and expenses and loss of value incurred as a result of or in connection with nonconformance and repair, replacement or other correction may be recovered from Seller by equitable price reduction or credit against any amounts that may be owed to Seller under this contract Order or otherwise. Goods in excess of this order may be returned without notice, freight collect.

Appears in 1 contract

Sources: Purchase Order

ACCEPTANCE AND REJECTION. a. Buyer shall accept the Goods or give Seller notice of rejection due to any defect or revocation nonconformance within a reasonable time after the date of acceptance (“rejection” herein), notwithstanding any delivery. No payment, prior test or test, inspection, or passage of title. No inspection, testany failure or delay in performing any of the foregoing, delay or failure to inspect or test or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this contract Contract or impair any rights or remedies of Buyer, including but not limited to revocation of acceptance. b. If Seller delivers defective or non-conforming Goods, Buyer may at its option and at Seller's expense expense: (i) return the Goods for credit or refund; (ii) require Seller to promptly correct or replace the Goods; (ii) return Goods for credit or refund; (iii) correct the Goods; or (iv) obtain replacement Goods from another source. Return to Seller of defective or non-conforming Goods and redelivery to Buyer of corrected or replaced Goods shall be at Seller's expense and risk of loss. c. Seller shall not redeliver corrected or rejected goods Goods without disclosing the former rejection or requirement for correction. Seller shall disclose any corrective action taken. Repair, replacement and other correction and redelivery shall be completed within the original delivery schedule or such later time as ▇▇▇▇▇'s Authorized Procurement Representative may reasonably direct. d. All costs and expenses and loss of value incurred as a result of or in connection with nonconformance and repair, replacement or other correction may be recovered from Seller by equitable price reduction or credit against any amounts that may be owed to Seller under this contract or otherwise.

Appears in 1 contract

Sources: Purchase Agreement