Common use of Customer’s Remedies Clause in Contracts

Customer’s Remedies. 8.1 Legal acceptance of Goods shall occur only on written notice of acceptance from the Customer to the Supplier. Payment for the Goods, or receipt or signature of a delivery note (or similar document) shall not constitute legal acceptance nor indicate that the Goods conform to this Contract, and shall not affect the Customer's right to reject the Goods. 8.2 If there is a breach of Clause 7, whether or not the Company has accepted the Goods or Services, the Company may, by notice in writing to the Supplier: (a) reject the relevant Goods or Services and (at the Customer's discretion) all other Goods delivered by the Supplier under the same PO, and Clause 8.3 shall apply; or (b) require the Supplier to repair or replace the relevant Goods or remedy the relevant Services at the Supplier's cost so that they conform which this Contract, in which case the Supplier shall do so as soon as reasonably practicable and in any event within 5 Business Days after the Supplier's receipt of written notice under this Clause 8.2. 8.3 If the Customer rejects any Goods or Services under this Contract or at law: (a) if the Customer has paid for the rejected Goods or Services, then within 5 Business Days after the Supplier's receipt of written notice of rejection, the Supplier shall refund the Customer the Price and all other sums paid under this Contract for those Goods and/or Services; (b) the Supplier shall not invoice the Customer for the rejected Goods or Services and the Customer shall not be liable to pay for them; (c) the Customer shall either make the rejected Goods available for collection by the Supplier at the Supplier's cost, or return the Goods to the Supplier at the Supplier's cost, and the Supplier shall indemnify the Customer against all reasonable storage costs incurred by the Customer pending collection or return of the rejected Goods; (d) risk in the rejected Goods shall rest with the Supplier from the date of the Supplier's receipt of the Customer's written notice of rejection; and (e) if the Customer buys goods or services in substitution for those rejected by the Customer, the Supplier shall indemnify the Customer from and against the difference between (i) the total Price that would have been payable under this Contract for the rejected Goods and Services, and (ii) the price actually paid by the Customer for substitute goods and services, unless the price in (ii) is lower than the price in (i).

Customer’s Remedies. 8.1 Legal acceptance of Goods shall occur only on written notice of acceptance from the Customer to the Supplier. Payment for the Goods, or receipt or signature of a delivery note (or similar document) shall not constitute legal acceptance nor indicate that the Goods conform to this Contract, and shall not affect the Customer's right to reject the Goods. 8.2 If there is a breach of Clause 7, whether or not the Company Customer has accepted the Goods or Services, the Company Customer may, by notice in writing to the Supplier: : (a) reject the relevant Goods or Services and (at the Customer's discretion) all other Goods delivered by the Supplier under the same PO, and Clause 8.3 shall apply; or (b) require the Supplier to repair or replace the relevant Goods or remedy the relevant Services at the Supplier's cost so that they conform which this Contract, in which case the Supplier shall do so as soon as reasonably practicable and in any event within 5 Business Days after the Supplier's receipt of written notice under this Clause 8.2. 8.3 If the Customer rejects any Goods or Services under this Contract or at law: (a) if the Customer has paid for the rejected Goods or Services, then within 5 Business Days after the Supplier's receipt of written notice of rejection, the Supplier shall refund the Customer the Price and all other sums paid under this Contract for those Goods and/or Services; (b) the Supplier shall not invoice the Customer for the rejected Goods or Services and the Customer shall not be liable to pay for them; (c) the Customer shall either make the rejected Goods available for collection by the Supplier at the Supplier's cost, or return the Goods to the Supplier at the Supplier's cost, and the Supplier shall indemnify the Customer against all reasonable storage costs incurred by the Customer pending collection or return of the rejected Goods; (d) risk in the rejected Goods shall rest with the Supplier from the date of the Supplier's receipt of the Customer's written notice of rejection; and (e) if the Customer buys goods or services in substitution for those rejected by the Customer, the Supplier shall indemnify the Customer from and against the difference between (i) the total Price that would have been payable under this Contract for the rejected Goods and Services, and (ii) the price actually paid by the Customer for substitute goods and services, unless the price in (ii) is lower than the price in (i).