Common use of Delivery and Inspection Clause in Contracts

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. Time is of the essence in the performance of any Purchase Order. Crosstex Mar Cor may accept or return Products received after their required delivery date without waiving CrosstexMar Cor’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, CrosstexMar Cor’s part number, number of cartons in shipment, quantity of Products per carton and total quantity of Products. Crosstex All Products will inspect delivered Products be received subject to Mar Cor’s right of inspection 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, rejection at any time, reject or revoke acceptance of Products not conforming to the warranty provisions set forth in this Agreementtime after receipt. 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 Mar Cor will have thirty (30) days from receipt to inspect Products; provided, however, that Mar Cor 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. Mar Cor 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 Mar Cor and/or its customers in order to assess work quality, conformance with CrosstexMar Cor’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 Mar Cor 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 requestUnless otherwise agreed by Mar Cor in writing, Supplier will deliver to Crosstex Mar Cor a certificate of analysis or a certificate of compliance to specifications approved by Crosstex Mar Cor with respect to each Product lot shipped. Supplier will ensure safe and sound delivery of the Products. Supplier will suitably ▇▇▇▇, ▇▇▇▇ and ship all Products in adequate protective packaging and in accordance with any reasonable instructions from Crosstex Mar Cor and the requirements of common carriers. Supplier will be liable, and will promptly reimburse Mar Cor, for the amount of any loss or damage due to acts or omissions of Supplier’s personnel, its affiliates and contractors while on Mar Cor’s premises in connection with Supplier’s performance of this Agreement. Supplier will maintain levels of insurance customary in the industry and adequate to insure against customary risks.

Delivery and Inspection. Time is of the essence in the performance of any Purchase Order. Crosstex Stilmas may accept or return Products received after their required delivery date without waiving CrosstexStilmas’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, CrosstexStilmas’s part number, number of cartons in shipment, quantity of Products per carton and total quantity of Products. Crosstex All Products will inspect delivered Products be received subject to Stilmas’s right of inspection 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, rejection at any time, reject or revoke acceptance time after receipt. Title and risk of loss for all Products not conforming will pass to Stilmas upon Stilmas’s receipt of the warranty provisions set forth in this AgreementProducts. 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 Stilmas will have thirty (30) days from receipt to inspect Products; provided, however, that Stilmas 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. Stilmas 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 Stilmas and/or its customers in order to assess work quality, conformance with CrosstexStilmas’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 Stilmas 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 requestUnless otherwise agreed by Stilmas in writing, Supplier will deliver to Crosstex Stilmas a certificate of analysis or a certificate of compliance to specifications approved by Crosstex Stilmas with respect to each Product lot shipped. Supplier will ensure safe and sound delivery of the Products. Supplier will suitably ▇▇▇▇, ▇▇▇▇ and ship all Products in adequate protective packaging and in accordance with any reasonable instructions from Crosstex Stilmas and the requirements of common carriers. Supplier will be liable, and will promptly reimburse Stilmas, for the amount of any loss or damage due to acts or omissions of Supplier’s personnel, i ts affiliates and contractors while on Stilmas’s premises in connection with Supplier’s performance of this Agreement. Supplier will maintain levels of insurance customary in the industry and adequate to insure against customary risks.