Delivery and Inspection Clause Samples

Delivery and Inspection. Time and date of deliveries and performance are of the essence on this Purchase Order. IES reserves the right to make final inspection of the Goods and Services after receipt by IES (notwithstanding any prior payment or prior acceptance thereof) and, in addition to any other right and remedies available under law, to cancel this Purchase Order and reject the Goods or Services upon any default by Supplier in meeting or satisfying delivery/completion dates, scheduled amounts, specifications, quality, or performance. IES may, at its discretion, employ either a 100% inspection or a sample plan. Lots which fail to pass sampling plans may be subsequently 100% inspected by IES (with Supplier to be charged for all such inspection costs) or, at IES’ option, rejected or returned to Supplier for correction, replacement or credit, as the option of IES. Supplier shall not be allowed additional time outside of the time stated for delivery/completion in this Purchase Order without the express written consent of IES. Goods shipped in advance of delivery schedule or unauthorized partial shipments may also be rejected or returned to Supplier at Supplier's expense. All Goods shall be shipped F.O.B. destination. Risk of loss shall pass to IES upon delivery of the Goods to IES in an undamaged condition. Supplier shall bear all risks and expenses for returns including, but not limited to, storage, freight, insurance, packaging, materials and labor as to rejected Goods or Goods requiring correction after notice of rejection. IES shall have the right, upon reasonable advance notice and during normal business hours, to inspect Supplier’s premises and operations which pertain to the Goods and Services in order to insure conformity with specifications, adequate quality control and ability to meet designated delivery and completion dates.

Delivery and Inspection. 5.1 The Deliverables shall be delivered or supplied to the Delivery Location during the Delivery Timeslot on the Delivery Date. 5.2 If the Deliverables are not delivered on the specified Delivery Date, then, without limiting any other right or remedy CHKS may have, CHKS may: (a) refuse to take any subsequent attempted delivery of the Deliverables; (b) terminate this Agreement with immediate effect; (c) obtain substitute products from another supplier and recover from the Supplier any costs and expenses reasonably incurred by CHKS in obtaining such substitute products; and (d) subject to clause 14 (Liability), claim damages for any other costs, expenses or losses resulting from the Supplier’s failure to deliver the Deliverables on the Delivery Date, provided that the Supplier shall have no liability for any failure or delay in delivering the Deliverables to the extent that such failure or delay is directly caused by CHKS’s failure to comply with its obligations under this Agreement. 5.3 The Supplier shall ensure that: (a) the Deliverables are marked in accordance with CHKS’s instructions and any applicable regulations and are properly packaged and stored so as to reach their destination in an undamaged condition; (b) each delivery is accompanied by a prominently displayed delivery note and all handling, storage, operating and safety instructions and any other information as may be necessary for their proper use, maintenance and repair 5.4 CHKS shall not be deemed to have accepted the Deliverables until it has had 90 days to inspect them following delivery, or, in the case of a latent defect in the Deliverables, for 90 days after any latent defect in the Deliverables has become apparent. 5.5 CHKS and/or a Regulatory Authority may enter the Supplier Premises to inspect the manufacturing facilities and equipment used to manufacture the Deliverables and inspect stock levels and take samples of raw materials, packaging and the Deliverables.

Delivery and Inspection. Any Cooperative records are subject to inspection and copying at the reasonable request, and at the expense of any Member during ordinary business hours but not for the purpose of selling any information contained therein or for any competitive purpose or purpose the effect of which would breach the obligation contained in Section 10.2. A Member’s agent or attorney has the same inspection and copying rights as the Member. The right to copy records includes, if reasonable, the right to receive copies made by photographic, xerographic, or other means. The Cooperative may impose a reasonable charge, not to exceed the estimated cost of labor and material for production or reproduction, for copies of any documentation provided to a Member.

Delivery and Inspection. Unless they have been explicitly and in writing declared as binding, redelivery dates for Part(s) that have been Repaired are provisional, non-­‐binding and shall serve as general information only. ACS will endeavor to notify Customer in the event that any Part(s) may be redelivered late. Delivery terms, for Part(s) sold or Repaired, are ex-­‐works, ACS’s facility in Rio Rancho, New Mexico (incoterms 2010) (where ACS means “Seller” and Customer means “Buyer”) or such other ACS (or its affiliates) facility designated by ACS in writing. Unless otherwise agreed, all Part(s) delivered to Customer will be packed for shipment in accordance with ACS’s standard packing procedures for such Part(s). Customer shall, within two (2) days after receipt of the Part(s) thereof, notify ACS of any nonconformance with the Order and return such non-­‐conforming Part(s) to ACS if the Part(s) do not conform to the Order at ACS’s cost. ACS shall then, at its option, be permitted to replace or repair such non-­‐conforming Part(s). ACS is authorized to advance the Delivery Date (subject to payment terms contained in Section 2 and Section 5 hereof) or complete performance of any Order, prior to the time set forth in such Order unless agreed otherwise. ACS shall have the right to delivery Part(s) in partial shipments and invoice Customer for such portion that has or will be shipped.

Delivery and Inspection. For the purpose of this Schedule only the Delivery Term, Installation Term, and Installation Date as defined in Master Agreement No. 1288 do not have bearing on the Base Term Commencement Date, which is defined in Section 4 above. The Lessee and Lessor acknowledge that the Equipment is currently located at the Equipment Location as identified in Section 2 above. Lessee acknowledges that the Equipment will be moved to a different Equipment Location, inspected, installed, and accepted no later that January 15, 2006 (“Final Acceptance Date”) and will acknowledge such with the execution of the Final Acceptance Certificate attached hereto as Exhibit D. A mutually agreed upon appraiser will be present upon the unpacking and inspection of the Equipment. Except for the 1994 Danobat High Speed Blade Tip Grinding Machine identified as Model # 193 on the Equipment List , no later than the Final Acceptance Date, Lessee will present Lessor with a written list of Items of Equipment that are either missing (“Missing Items”) or unsuitable for use (“Unsuitable Items”), but not including those Items that are missing or unsuitable for use as a result of any action by Lessee or movement of the Equipment from the Equipment Location. The list of Missing or Unsuitable Items will be accompanied by a report from the appraiser that supports (i) the Items are missing; or (ii) the Items are unsuitable for use. Upon receipt of this written list, at Lessee’s option, Lessor will: 1. For a Missing Item, either (a) reduce the Value of Calculation for Stip Loss Value as set forth in Section 7 above by the value allocated to such Missing Item on the Exhibit B Equipment List and adjust the Base Monthly Rental on a pro rata basis as of the Base Term Commencement Date, or (b) pay to Lessee, for the purpose of procuring a replacement for the Missing Item that is of equal or greater value and utility, the value allocated to such Missing Item on the Exhibit B Equipment List . If Lessee chooses option (a), the Missing Item will be removed from the Equipment List and acknowledged by both parties in writing. If Lessee chooses option (b), the replacement for the Missing Item shall be added to the Equipment List in place of the Missing Item. 2. For an Unsuitable Item, identify in writing within 30 days the estimated cost and time to replace or repair the Unsuitable Item. If Lessee accepts in writing such estimate for any Unsuitable Item within 10 days, Lessor will, at Lessor’s cost, process such repla...

Delivery and Inspection. Time is of the essence in the performance of any Purchase Order. Crosstex may accept or return Products received after their required delivery date without waiving Crosstex’s right to return subsequent shipments delivered after the required delivery date. Each shipment of Products must include a packing list with the following information: purchase order number, manufacturer’s part number, manufacturer’s lot number and respective quantity per lot, Crosstex’s part number, number of cartons in shipment, quantity of Products per carton and total quantity of Products. Crosstex will inspect delivered Products and report claims for damages or shortages which are discoverable on a visual inspection within thirty (30) days of delivery; provided, however, that Crosstex does not waive any rights it has to, at any time, reject or revoke acceptance of Products not conforming to the warranty provisions set forth in this Agreement. Any Products returned to Supplier because of a nonconformity will be returned at Supplier’s expense. Acknowledgment of receipt will not constitute acceptance, and payment prior to inspection will not constitute waiver of any rights hereunder. Crosstex and its customers reserve the right to perform onsite inspections, testing and quality audits of Supplier’s facility and/or manufacturer’s facility in conformance with regulatory requirements or as otherwise deemed necessary by Crosstex and/or its customers in order to assess work quality, conformance with Crosstex’s specifications, and conformance with Supplier’s representations, warranties, certifications and covenants under this Agreement. Supplier will maintain an inspection and testing system for the same that is acceptable to Crosstex and will keep records of all inspection and testing data, with respect to Products and samples of each lot shipped, for two (2) years after delivery. Upon request, Supplier will deliver to Crosstex a certificate of analysis or a certificate of compliance to specifications approved by Crosstex with respect to each Product lot shipped. Supplier will suitably ▇▇▇▇, ▇▇▇▇ and ship all Products in adequate protective packaging and in accordance with any reasonable instructions from Crosstex and the requirements of common carriers. Supplier will maintain levels of insurance customary in the industry and adequate to insure against customary risks.

Delivery and Inspection. Participating Entities and Participating Dealers will determine the time, mode, and location for delivery and inspection of purchased Equipment and Products. The handling of any damage or defects noted by the Participating Entity either during or after the vehicle is delivered to the Participating Entity is the responsibility of the Participating Dealer. Any policy as it relates to returns and return shipping will be determined between the Participating Entity and the Participating Dealer. Regardless of any other agreement, the Vendor does not accept any returns of school buses. The Participating Dealer has the responsibility to ensure that all Equipment, Products and Services sold under this Contract meet the Participating Entities specifications and/or specifications set by state and local governing bodies, or that exceptions to these specifications have been agreed upon in writing between the Participating Entity and the Participating Dealer. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products to its Participating Dealers, who in turn provide the substandard or inferior Equipment or Products to Participating Entities in the same condition provided to it by Vendor.

Delivery and Inspection. Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on, or as close as possible to, the date required by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. The standard shipping tolerances are +/- fifteen percent (15%) on weight. If Apex is unable to deliver the Goods because of actions or circumstances beyond its control, then Apex shall be

Delivery and Inspection. 3.1 Chess shall use its reasonable endeavours to deliver the Spare to the relevant Site on the Delivery Date or as soon as possible thereafter. 3.2 At delivery the Customer shall make available to Chess free of charge such labour and equipment as Chess reasonably requires to perform its duties hereunder. 3.3 Unless paragraph 3.4 applies, Chess is obliged to install the Spare as part of the Services, the Customer shall, within seven (5) days of the Actual Delivery Date, inspect and/or test (as applicable) the Spare and give notice to Chess of any damage or non-conformity. In the absence of such notice, the Spare shall be deemed to comply with this Agreement and the Customer shall be deemed to have accepted it. If the Customer provides notification of any damage or non-conformity, the Customer’s sole remedy and Chess’s sole liability in respect of the same shall be to repair or replace such Spare within a reasonable period of time. 3.4 If Chess is obliged to install the Spare as part of the Services, the Customer shall be deemed to have accepted the Equipment upon the date that Chess informs it that the Spare has been installed or upon first use (whichever is earlier).