Delivery; Acceptance Clause Samples
The 'Delivery; Acceptance' clause defines the process by which goods or services are delivered to the buyer and the criteria or procedures for their acceptance. Typically, it outlines the seller's obligation to deliver the specified items by a certain date and describes how the buyer will inspect and either accept or reject the goods or services upon receipt. This clause ensures both parties have a clear understanding of when delivery is considered complete and what constitutes acceptance, thereby reducing disputes over whether contractual obligations have been met.
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Delivery; Acceptance. (a) The Producer shall as soon as possible after completion of production of the Programme(s) and in any event before the Delivery Date deliver to the Programme Manager or other Channel 4 representative as indicated in the Delivery Requirements schedule at the address notified to the Producer the material listed in the Delivery Requirements in accordance with the provisions of this Agreement.
(b) Following Technical Acceptance of the Programme(s) delivery of the Programme(s) shall have been completed when the Producer shall have delivered all the items set out in the Delivery Requirements schedule in accordance with the Technical Requirements, the Editorial Specification and the provisions of this Agreement (other than any such items which Channel 4 shall have confirmed in writing that it does not require). If Channel 4 does not respond within 21 days of receipt of a written notice from the Producer notifying Channel 4 that it has made full Delivery, full Delivery shall be deemed to have taken place.
(c) If either Channel 4 has not notified the Producer within 3 months of delivery of the items listed in parts (a) and (b) of the Delivery Requirements or if Channel 4 has transmitted the Programme(s) and not notified the Producer of rejection of the items listed in parts (a) and (b) of the Delivery Requirements then the Programme(s) will be deemed to have been technically accepted. For the avoidance of doubt, for the purposes of Clause 3 of the Programme Specific Terms, if delivery of the items listed in parts (a) and (b) of the Delivery Requirements and acceptance of the same occurs prior to the Delivery Date then the Term will be deemed to commence from the Delivery Date.
(d) Channel 4 may, notwithstanding the acceptance of the Programme(s), in its absolute discretion decide not to communicate the Programme(s) to the public in whole or in part on the Channel 4 Service or the More4 Service or the E4 Service or otherwise exploit any of its other rights granted hereunder and shall not be liable to the Producer in respect of any loss or damage occasioned by a change in the transmission schedule or by not transmitting the Programme(s). In the event that Channel 4 decides not to transmit the Programme(s) or has not done so within one year from Delivery then Channel 4 and the Producer shall discuss in good faith the possibility of Channel 4 releasing the Programme and/or Channel 4’s holdbacks in relation to the Programme(s) on terms to be agreed in good faith.
Delivery; Acceptance. (a) For Products to be shipped pursuant to a Purchase Order, Contractor shall deliver the Products to the agreed-upon facility in the manner agreed in writing by the parties. Contractor shall ensure the Products are received by Authority by the date specified in the Purchase Order. Authority shall have ten (10) days from receipt of the Products to inspect the Products for any defect or non-conformance with the Specifications (as defined below) or quality requirements reasonably discoverable by visual or basic functional inspection (“Requirements”). If the Products fail to meet the Requirements, Authority will notify Contractor in writing and Contractor will modify, adjust, repair or replace the Products to conform with the Requirements within five (5) business days after such notice. If the new Products are still not compliant with the Requirements, the Contracting Officer may terminate the Purchase Order and WMATA will receive a refund of any pre-paid fees or, at the Contracting Officer’s discretion, repeat the procedures in this paragraph as often as he or she determines is necessary.
(b) For Products or Services that require any customization, installation, maintenance, repair, restoration or other Improvements by Contractor, Contractor shall, at its own expense, conduct appropriate tests in accordance with Contractor’s standard practices and in no event below the standards described in the Attachment A (Acceptance Testing), to establish that they perform in accordance with the specifications set forth in the Contract and the specifications in any related documentation provided by Contractor (collectively, the “Specifications”) and applicable service levels set forth in the Service Levels. Contractor shall provide the test results promptly to Authority in writing, in a form and manner to be agreed upon by the parties.
(c) If Contractor’s tests establish that such Product and/or Service does not perform in accordance with the Specifications and Service Levels, or Authority reports to Contractor prior to acceptance or deemed acceptance thereof that it is not performing in accordance with the Specifications or Service Levels, Contractor shall promptly commence and diligently and continuously pursue efforts to bring it into compliance with the Specifications and Service Levels. Upon completion of these efforts, Contractor shall tender the Products and/or Services to Authority, which will again be subjected to the acceptance procedures set forth in this Sect...
Delivery; Acceptance. Lessee will either (a) execute and deliver the Certificate of Acceptance or(b) give Lessor notice specit'jingaayptuperobiectionto any Item within 14 days of completion of Equipment delivery. If the certificate of Acceptance is not furnished within this period, Lessor may terminate the lease as contemplated inparagraph3. Upon direction by Lessor, Lessee will pay directly to the appropriate party any invoice applicable to an Item which maybe furnished Lessor subsequent to the acceptance of the Equipment.
Delivery; Acceptance. The Company shall deliver to the Agent no later than 30 days after receipt of the deposit called for in this Agreement at section 4.3, the units of the Product on a FOB. Any taxes, duties and levies will be borne solely by the Agent. If the Agent does not provide written rejection of any unit of the Product within sixty (60) days of the actual date of delivery by the Company to the Agent, the units shall be deemed accepted upon the expiry of the foregoing period. It is hereby agreed that title and risk of loss to the Products under this Agreement shall pass to Agent from the Company FOB upon delivery thereof to the carrier.
Delivery; Acceptance. Lessee shall cause the Equipment to be delivered to Lessee at the Equipment Location (as specified in the applicable Schedule) and Lessee shall accept the Equipment as soon as it is delivered or, if acceptance criteria is specified in the applicable Purchase Documents, as soon as it has met such criteria. Lessee shall evidence its acceptance of the Equipment and commencement of the Lease with respect thereto by executing and delivering to Lessor a commencement certificate (Commencement Certificate) in a form acceptable to Lessor. By executing and delivering a Commencement Certificate to Lessor, (a) Lessee represents and warrants that it has selected the Equipment and Seller specified on the applicable Schedule and (b) Lessee shall irrevocably accept such Equipment under lease.
Delivery; Acceptance. Upon delivery, ▇▇▇▇▇▇ agrees to inspect and accept the Equipment. Lessee will have forty-eight (48) hours from the date of delivery to notify Lessor, in writing, of any defects or deficiencies in the Equipment, such notice to specify each defect or deficiency in the Equipment. Unless Lessor receives timely written notice from Lessee as set forth herein, Lessee is deemed to accept the Equipment and acknowledges that the Equipment is in good order and operating condition as of the date of delivery. The receipt and acceptance of the Equipment by Lessee obligates Lessee to pay the Rental and all other sums due under this Agreement.
Delivery; Acceptance. Buyer agreed to accept the Goods in Seller’s office. Buyer will give Seller 20 days’ advance notice regarding the quantity requested by Buyer. Upon receipt of the request for acceptance Goods, Seller will arrange the Goods and prepare them for acceptance by Buyer in Seller’s office.
Delivery; Acceptance. The, Supplier shall deliver the System, ready for operational use, and in accordance with the timetable specified in paragraph 3.2 of Annex I of this Agreement.
Delivery; Acceptance. Within 2 Business Days after delivery (the “Acceptance Period”), Partner must:
(1) Accept without Reserves: Partner shall accept the delivery without reserves if the delivery conforms with the Order Confirmation. The date of acceptance is specified in the acceptance decision, or at the expiry of the Acceptance Period;
Delivery; Acceptance. Buyer shall be solely responsible for ensuring the cleanliness and proper functioning of any transport vessel it or its agents use to accept Delivery of the Product, including but not limited to the tank and any loading equipment. POET may refuse to load any transport vessel for corn oil Product that has not been cleaned or that did not previously contain corn oil. In the event a transport vessel provided by ▇▇▇▇▇ is not reasonably acceptable to POET, ▇▇▇▇▇ will be notified and granted 24 hours to remedy the deficient transport vessel to the reasonable satisfaction of POET or to accept liability for the quality and grade of the shipment. Buyer will have five (5) days after Delivery to determine whether the Product conforms to the requirements of these Terms. ▇▇▇▇▇ waives all claims against POET unless such claims are delivered in writing to POET within such 5-day period.