Failure of Acceptance Clause Samples

The 'Failure of Acceptance' clause defines the consequences and procedures that apply when a party does not accept goods, services, or deliverables as required under a contract. Typically, this clause outlines the steps the supplier or service provider may take if the buyer refuses or neglects to accept delivery, such as storing the goods at the buyer's expense, reselling them, or seeking payment regardless of acceptance. Its core practical function is to protect the delivering party from losses or delays caused by the other party's failure to accept, ensuring that obligations are clear and that remedies are available in case of non-acceptance.
Failure of Acceptance. (10/19) The City will notify Contractor if a Deliverable or a portion of a Deliverable fails to pass an Acceptance review and will specify in reasonable detail the identified failures and possible reasons for failure. After City’s notification, Contractor shall correct the failure within ten (10) Business Days and notify the City that the correction has been completed. After Contractor’s correction notification, the City shall perform a second Acceptance review. If the Deliverable or portion of the Deliverable fails to pass the second Acceptance review, the City shall notify Contractor in writing, and the City may, in its sole discretion: (a) terminate this Contract with no further liability; (b) require Contractor to replace the Deliverable or defective portion of the Deliverable at no additional cost to the City, (c) require Contractor to make further corrections to prepare for re-review ; (d) Accept the Deliverable at a reduced cost to be negotiated between the Parties; or (e) issue an Acceptance Certificate for an “Acceptance with Exception(s)” in accordance with Sections 7.3.1 and 7.3.2. 8.3.1 If the City issues an Acceptance Certificate for an “Acceptance with Exception(s)” the City will list the exception(s) and the date for Contractor’s correction of the Defect(s). If Defect(s) are corrected by the listed date(s) the City agrees to commence further Acceptance review of the Deliverable or affected portion(s). If the Deliverable passes the Acceptance review, the City will issue an Acceptance Certificate. 8.3.2 If a Deliverable fails a second or subsequent Acceptance review (or in the event of a single Acceptance review, , the Acceptance) in no event shall there be an increase to the original price agreed to by the Parties for the Deliverable.
View SourceView Similar (4)
Failure of Acceptance. (*) The City will notify Contractor if a Deliverable or portion of a Deliverable contains a Defect or otherwise fails to conform to applicable Documentation, Contractor’s representations, and the City’s Specifications. After City’s notification, Contractor shall correct the failure within a reasonable time depending on the Deliverable, not to exceed ten (10) Business Days and notify the City that the correction has been completed.
View SourceView Similar (2)
Failure of Acceptance. Qwest's payment obligations in Section 9 are contingent upon acceptance of the corresponding Product and related Services in accordance with Sections 12.1 and 12.2 and (***). If a Product fails to achieve acceptance as provided in Sections 12.1 and 12.2, Qwest may return the Product, title to which shall pass to Supplier upon delivery to Supplier, and apply amounts paid for such Product, if any, and related Services to any unpaid Supplier invoice hereunder upon written notice to Supplier, or upon written demand by Qwest, Supplier shall repay such amounts, if paid by Qwest, to Qwest.
View SourceView Similar (2)
Failure of Acceptance. If the Company or the Non-Involuntary Transferring Members fail to accept the offer made pursuant to Sections 12.5.1 or 12.5.2, or if the Company and the Non-Involuntary Transferring Members elect to purchase less than all of the Involuntary Units, then the offering Unitholder may sell or transfer the Involuntary Units not purchased by the Company or the Non-Involuntary Transferring Members (the “Unsold Units”) upon such terms and conditions as such Unitholder deems advisable; provided that the purchaser or transferee shall execute a counterpart of this Agreement and shall agree to be bound by all of the terms and conditions of this Agreement. If the Unsold Units are not sold or transferred within ninety (90) days following the expiration of the thirty (30) day acceptance period, then the Unsold Units will again become subject to the restrictions of this Agreement.
View Source
Failure of Acceptance. Qwest's payment obligations in Section 9 are contingent upon acceptance of the corresponding Product and related Services in accordance with Sections 12.1 and 12.2 and (***). If a Product fails to achieve acceptance as provided in Sections 12.1 or 12.2 (***) (or otherwise fails to meet the Specifications), Qwest may return the Product, title to which shall pass to Supplier upon delivery to Supplier, and apply amounts paid for such Product or Service to any unpaid invoice from Supplier or, in Qwest's sole discretion, demand repayment from Supplier. Supplier shall repay such amounts within (***) of any such demand. In any event, the Commitment shall be reduced by the invoiced amount of such returned Product or Service.
View Source

Related to Failure of Acceptance

  • Notice of Acceptance Notice of each Offeree’s intention to accept, in whole or in part, any Offer made shall be evidenced by a writing signed by such Offeree and delivered to the Company prior to the end of the 20-day period of such offer, setting forth such of the Offeree’s Basic Amount as such Offeree elects to purchase and, if such Offeree shall elect to purchase all of its Basic Amount, such Undersubscription Amount as such Offeree shall elect to purchase (the “Notice of Acceptance”). If the Basic Amounts subscribed for by all Offerees are less than the total Offered Securities, then each Offeree who has set forth Undersubscription Amounts in its Notice of Acceptance shall be entitled to purchase, in addition to the Basic Amounts subscribed for, all Undersubscription Amounts it has subscribed for; provided, however, that should the Undersubscription Amounts subscribed for exceed the difference between the Offered Securities and the Basic Amounts subscribed for (the “Available Undersubscription Amount”), each Offeree who has subscribed for any Undersubscription Amount shall be entitled to purchase only that portion of the Available Undersubscription Amount as the Undersubscription Amount subscribed for by such Offeree bears to the total Undersubscription Amounts subscribed for by all Offerees, subject to rounding by the Board of Directors to the extent it reasonably deems necessary.

  • Conditions of Acceptance The insurance maintained by the Company must conform at all times with the Authority’s Standard Procedure S250.06, Contractual Insurance Terms and Conditions, which may be amended from time to time, and is posted on the Authority website at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ > Learn about TPA > Airport Business > Procurement > Additional Supplier Resources – Contractual Insurance Terms and Conditions.

  • Order Acceptance ▇▇▇▇▇▇▇’▇ acceptance of the Order and consequent agreement to the Contract by either: (a) delivering the Goods, Services, or Digital Services; or

  • Time for Acceptance Unless the Optionee shall evidence his/her acceptance of this Option by execution of this Agreement within ten (10) days after its delivery to him/her, the Option and this Agreement shall be null and void.

  • Effect of Acceptance Subscriber hereby acknowledges and agrees that on the Company’s acceptance of this Subscription Agreement, it shall become a binding and fully enforceable agreement between the Company and the Subscriber. As a result, upon acceptance by the Company of this Subscription Agreement, Subscriber will become the record and beneficial holder of the Shares and the Company will be entitled to receive the purchase price of the Shares as specified herein.