Common use of INSPECTION, ACCEPTANCE AND REJECTION Clause in Contracts

INSPECTION, ACCEPTANCE AND REJECTION. a. All shipments of Goods and performance of Associated Services, if applicable, shall be subject to the Purchaser’s right of inspection. The Purchaser shall have sixty (60) calendar days (the “Inspection Period”) following the delivery of the Goods at the Delivery Location or performance of the Associated Services, if applicable, to undertake such inspection, and upon such inspection the Purchaser shall either accept the Goods or Associated Services (“Acceptance”) or reject them. The Purchaser shall have the right to reject any Goods that are: i. Delivered in excess of the quantity ordered; ii. Damaged or defective; iii. Counterfeit; iv. Short of the quantity ordered; are v. Not in conformance with the requirements set out in Appendix A [Goods and Associated Services] to the CSA, the COP, or the Quotation and Order Form. b. Transfer of title to the Purchaser of Goods shall not constitute the Purchaser’s Acceptance of those Goods. The Purchaser shall provide the Contractor within the Inspection Period notice of any Goods or Associated Services that are rejected, together with the reasons for such rejection. If the Purchaser does not provide the Contractor with any notice of rejection within the Inspection Period, then the Purchaser will be deemed to have provided Acceptance of such Goods or Associated Services. The Purchaser’s inspection, testing, or Acceptance or use of the Goods or Associated Services hereunder shall not limit or otherwise affect the Contractor’s warranty obligations hereunder with respect to the Goods or Associated Services, and such warranties shall survive inspection, test, Acceptance and use of the Goods or Associated Services. c. The Purchaser shall be entitled to return rejected Goods to the Contractor at Contractor’s expense and risk of loss for, at the Purchaser’s option, either: (i) full credit or refund of all amounts paid by the Purchaser to the Contractor for the rejected Goods; or (ii) replacement Goods to be received within the time period specified by the Purchaser. Title to rejected Goods that are returned to the Contractor shall transfer to the Contractor upon such delivery and such Goods shall not be replaced by the Contractor except upon written instructions from the Purchaser. The Contractor shall not deliver Goods that were previously rejected on grounds of non-compliance with this Order unless delivery of such Goods is approved in writing by the Purchaser in advance. d. Notwithstanding the Purchaser having received possession of the Goods and without limiting the Purchaser’s rights in section 4, the Purchaser will not have accepted the Goods until the Purchaser ’s Qualified Receiver (as defined in the Purchaser’s Core Policy and Procedures Manual) has completed the steps assigned to the Qualified Receiver set out in c. 4.3.2 of the Purchaser’s Core Policy and Procedures Manual. e. In addition to the foregoing provisions of this section 4, at the request of the Purchaser, the Contractor will enter into an amendment of the Order with the Purchaser to reflect any of the circumstances set out in this section 4.

Appears in 1 contract

Sources: Corporate Supply Arrangement

INSPECTION, ACCEPTANCE AND REJECTION. a. a All shipments of Goods and performance of Associated Services, if applicable, Services shall be subject to the PurchaserBuyer’s right of inspection. The Purchaser Buyer shall have sixty ninety (6090) calendar days (the “Inspection Period) following the delivery of the Goods at the Delivery Location Point or performance of the Associated Services, if applicable, Services to undertake such inspection, and upon such inspection the Purchaser Buyer shall either accept the Goods or Associated Services (“Acceptance) or reject them. The Purchaser Buyer shall have the right to reject any Goods that are: i. Delivered are delivered in excess of the quantity ordered; ii. Damaged ordered or are damaged or defective; iii. Counterfeit; iv. Short of In addition, Buyer shall have the quantity ordered; are v. Not right to reject any Goods or Services that are not in conformance with the requirements set out in Appendix A [Goods and Associated Services] to the CSA, the COP, Specifications or the Quotation and Order Form. b. any term of this Agreement. Transfer of title to the Purchaser Buyer of Goods shall not constitute the PurchaserBuyer’s Acceptance of those Goods. The Purchaser Buyer shall provide the Contractor Supplier within the Inspection Period notice of any Goods or Associated Services that are rejected, together with the reasons for such rejection. If the Purchaser Buyer does not provide the Contractor Supplier with any notice of rejection within the Inspection Period, then the Purchaser Buyer will be deemed to have provided Acceptance of such Goods or Associated Services. The PurchaserBuyer’s inspection, testing, or Acceptance or use of the Goods or Associated Services hereunder shall not limit or otherwise affect the Contractoraffect Supplier’s warranty obligations hereunder with respect to the Goods or Associated Services, and such warranties shall survive inspection, test, Acceptance and use of the Goods or Associated Services. c. The Purchaser . b Buyer shall be entitled to return rejected Goods to the Contractor Supplier at ContractorSupplier’s expense and risk of loss for, at the PurchaserBuyer’s option, either: (i) full credit or refund of all amounts paid by the Purchaser Buyer to the Contractor Supplier for the rejected Goods; or (ii) replacement Goods to be received within the time period specified by the PurchaserBuyer. Title to rejected Goods that are returned to the Contractor Supplier shall transfer to the Contractor Supplier upon such delivery and such Goods shall not be replaced by the Contractor Supplier except upon written instructions from the PurchaserBuyer. The Contractor Supplier shall not deliver Goods that were previously rejected on grounds of non-compliance with this Order Agreement, unless delivery of such Goods is approved in writing advance by the Purchaser in advance▇▇▇▇▇, and is accompanied by a written disclosure of ▇▇▇▇▇’s prior rejection(s). d. Notwithstanding the Purchaser having received possession of the Goods and without limiting the Purchaser’s rights in section 4, the Purchaser will not have accepted the Goods until the Purchaser ’s Qualified Receiver (as defined in the Purchaser’s Core Policy and Procedures Manual) has completed the steps assigned to the Qualified Receiver set out in c. 4.3.2 of the Purchaser’s Core Policy and Procedures Manual. e. In addition to the foregoing provisions of this section 4, at the request of the Purchaser, the Contractor will enter into an amendment of the Order with the Purchaser to reflect any of the circumstances set out in this section 4.

Appears in 1 contract

Sources: Purchase Order Terms and Conditions

INSPECTION, ACCEPTANCE AND REJECTION. a. 7.1. All shipments of Goods goods and performance of Associated Services, if applicable, services shall be subject to the PurchaserTBSPL’s right of inspection. The Purchaser TBSPL shall have sixty minimum ninety (6090) calendar days (the “Inspection Period) following the delivery of the Goods at the Delivery Location Point or performance of the Associated Services, if applicable, Services to undertake such inspection, and upon such inspection the Purchaser inspection, TBSPL shall either accept the Goods or Associated Services (“Acceptance) or reject them. The Purchaser TBSPL shall have the right to reject any Goods that are: i. Delivered are delivered in excess of the quantity ordered; ii. Damaged ordered or are damaged or defective; iii. Counterfeit; iv. Short of In addition, TBSPL shall have the quantity ordered; are v. Not right to reject any Goods or Services that are not in conformance with the requirements set out in Appendix A [Goods and Associated Services] to the CSA, the COP, Specifications or the Quotation and Order Form. b. any term herein mentioned. Transfer of title title, to the Purchaser TBSPL, of Goods Goods, shall not constitute the PurchaserTBSPL’s Acceptance acceptance of those Goods. The Purchaser TBSPL shall provide the Contractor Supplier, within the Inspection Period Period, notice of any Goods or Associated Services that are rejected, together with the reasons for such rejection. If the Purchaser does not provide the Contractor with any notice of rejection within the Inspection Period, then the Purchaser will be deemed to have provided Acceptance of such Goods or Associated Services. The PurchaserTBSPL’s inspection, testing, or Acceptance or use of the Goods or Associated Services hereunder shall not limit or otherwise affect the ContractorSupplier’s warranty obligations hereunder with respect to the Goods or Associated Services, and such warranties shall survive inspection, test, Acceptance Acceptance, and use of the Goods or Associated Services. c. The Purchaser 7.2. TBSPL shall be entitled to return rejected Goods to the Contractor Supplier at Contractorthe Supplier’s expense and risk of loss for, at the PurchaserTBSPL’s option, either: (i) full credit or refund of all amounts paid by the Purchaser TBSPL to the Contractor Supplier for the rejected Goods; or (ii) replacement Goods to be received within the time period specified by the PurchaserTBSPL. Title to rejected Goods that are returned to the Contractor Supplier shall transfer to the Contractor Supplier upon such delivery and such Goods shall not be replaced by the Contractor Supplier except upon written instructions from the PurchaserTBSPL. The Contractor Supplier shall not deliver Goods that were previously rejected on grounds of non-compliance with this Order Order, unless delivery of such Goods is approved in writing advance by TBSPL, and is accompanied by a written disclosure of TBSPL’s prior rejection(s). If the Purchaser in advance. d. Notwithstanding Supplier fails to pick up/correct/dispose rejected material within specified period then the Purchaser having received possession Goods will be lying at the risk and loss of the Goods Supplier and without limiting inventory carrying charges will be applicable beyond the Purchaserspecified period and the same will be debited from the Supplier’s rights in section 4, Invoices and it shall be treated as debt owed to TBSPL. TBSPL reserves the Purchaser will not have accepted the Goods until the Purchaser ’s Qualified Receiver (as defined in the Purchaser’s Core Policy and Procedures Manual) has completed the steps assigned right to the Qualified Receiver set out in c. 4.3.2 dispose-of the Purchaser’s Core Policy and Procedures Manualrejected material as scrap, if the Supplier fails to pick up/correct/dispose of rejected material within specified time by TBSPL in writing. e. In addition to the foregoing provisions of this section 4, at the request of the Purchaser, the Contractor will enter into an amendment of the Order with the Purchaser to reflect any of the circumstances set out in this section 4.

Appears in 1 contract

Sources: General Terms and Conditions

INSPECTION, ACCEPTANCE AND REJECTION. a. 2.1. All shipments of Goods and performance of Associated Services, if applicable, shall be subject to the PurchaserMagnetic Group’s right of inspection. The Purchaser Magnetic Group shall have sixty thirty (6030) calendar days (the “Inspection Period”) following the delivery of the Goods at the Delivery Location or performance of the Associated Services, if applicable, to Magnetic Group to undertake such inspectioninspec- tion, and upon such inspection the Purchaser Magnetic Group shall either accept the Goods or Associated Services (“Acceptance”) or reject them. The Purchaser Mag- netic Group shall have the right to reject any Goods that are: i. Delivered are delivered in excess of the quantity ordered; ii. Damaged ordered or are dam- aged or defective; iii. Counterfeit; iv. Short of In addition, Magnetic Group shall have the quantity ordered; are v. Not right to reject any Goods that are not in conformance with the requirements set out in Appendix A [Goods and Associated Services] to the CSA, the COP, Purchase Order or the Quotation and Order Form. b. any term of this Agreement. Transfer of title to the Purchaser Magnetic Group of Goods shall not constitute the Purchasercon- stitute Magnetic Group’s Acceptance of those Goods. The Purchaser Magnetic Group shall provide the Contractor Supplier within the Inspection Period notice of any Goods or Associated Services that are rejected, together with the reasons for such rejection. If the Purchaser Magnetic Group does not provide the Contractor Supplier with any notice of rejection within the Inspection Period, then the Purchaser Magnetic Group will be deemed to have provided Acceptance of such Goods or Associated ServicesGoods. The PurchaserMagnetic Group’s inspection, testing, or Acceptance or use of the Goods or Associated Services hereunder shall not limit or otherwise affect the ContractorSupplier’s warranty obligations hereunder with respect to the Goods or Associated ServicesGoods, and such warranties shall survive inspection, test, Acceptance and use of the Goods or Associated ServicesGoods. c. The Purchaser 2.2. Magnetic Group shall be entitled to return rejected Goods to the Contractor Supplier at ContractorSupplier’s expense and risk of loss for, at the PurchaserMagnetic Group’s option, either: (i) full credit or refund of all amounts paid by the Purchaser Magnetic Group to the Contractor Supplier for the rejected Goods; or (ii) replacement Goods to be received within the time period specified by the PurchaserMagnetic Group. Title to rejected Goods that are returned to the Contractor Supplier shall transfer to the Contractor Supplier upon such delivery and such Goods shall not be replaced by the Contractor Supplier except upon written instructions from the PurchaserMagnetic Group. The Contractor Supplier shall not deliver Goods that were previously rejected on grounds of non-compliance with this Order Agreement, unless delivery of such Goods is approved in writing advance by the Purchaser in advanceMagnetic Group, and is accompanied by a written disclosure of Magnetic Group’s prior re- jection(s). d. Notwithstanding the Purchaser having received possession of the Goods and without limiting the Purchaser’s rights in section 4, the Purchaser will not have accepted the Goods until the Purchaser ’s Qualified Receiver (as defined in the Purchaser’s Core Policy and Procedures Manual) has completed the steps assigned to the Qualified Receiver set out in c. 4.3.2 of the Purchaser’s Core Policy and Procedures Manual. e. In addition to the foregoing provisions of this section 4, at the request of the Purchaser, the Contractor will enter into an amendment of the Order with the Purchaser to reflect any of the circumstances set out in this section 4.

Appears in 1 contract

Sources: Terms and Conditions of Purchase for Goods

INSPECTION, ACCEPTANCE AND REJECTION. a. All shipments of Goods and performance of Associated Services, if applicable, Services shall be subject to the PurchaserBuyer’s right of inspection. The Purchaser Buyer shall have sixty one-hundred and twenty (60120) calendar days (the “Inspection Period) following the delivery of the Goods at the Delivery Location Point or performance of the Associated Services, if applicable, Services to undertake such inspection, and upon such inspection the Purchaser Buyer shall either accept the Goods or Associated Services (“Acceptance) or reject them. The Purchaser Buyer shall have the right to reject any Goods that are: i. Delivered are delivered in excess of the quantity ordered; ii. Damaged ordered or are damaged or defective; iii. Counterfeit; iv. Short of In addition, Buyer shall have the quantity ordered; are v. Not right to reject any Goods or Services that are not in conformance with the requirements set out in Appendix A [Goods and Associated Services] to the CSA, the COP, Specifications or the Quotation and Order Form. b. Transfer any term of title to the Purchaser of Goods shall not constitute the Purchaser’s Acceptance of those Goodsthis Agreement. The Purchaser Buyer shall provide the Contractor Supplier within the Inspection Period notice of any Goods or Associated Services that are rejected, together with the reasons for such rejection. If the Purchaser Buyer does not provide the Contractor Supplier with any notice of rejection within the Inspection Period, then the Purchaser Buyer will be deemed to have provided Acceptance of such Goods or Associated Services. The PurchaserBuyer’s inspection, testing, or Acceptance or use of the Goods or Associated Services hereunder shall not limit or otherwise affect the ContractorSupplier’s warranty obligations hereunder with respect to the Goods or Associated Services, and such warranties shall survive inspection, test, Acceptance and use of the Goods or Associated Services. c. The Purchaser b. Buyer shall be entitled to return rejected Goods to the Contractor Supplier at ContractorSupplier’s expense and risk of loss for, at the PurchaserBuyer’s option, either: (i) full credit or refund of all amounts paid by the Purchaser Buyer to the Contractor Supplier for the rejected Goods; or (ii) replacement Goods to be received within the time period specified by the PurchaserBuyer. Title to rejected Goods that are returned to the Contractor Supplier shall transfer to the Contractor Supplier upon such delivery and such Goods shall not be replaced by the Contractor Supplier except upon written instructions from the PurchaserBuyer. The Contractor Supplier shall not deliver Goods that were previously rejected on grounds of non-non- compliance with this Order Agreement, unless delivery of such Goods is approved in writing advance by the Purchaser in advanceBuyer and is accompanied by a written disclosure of ▇▇▇▇▇’s prior rejection(s). d. Notwithstanding the Purchaser having received possession of the Goods and without limiting the Purchaser’s rights in section 4, the Purchaser will not have accepted the Goods until the Purchaser ’s Qualified Receiver (as defined in the Purchaser’s Core Policy and Procedures Manual) has completed the steps assigned to the Qualified Receiver set out in c. 4.3.2 of the Purchaser’s Core Policy and Procedures Manual. e. In addition to the foregoing provisions of this section 4, at the request of the Purchaser, the Contractor will enter into an amendment of the Order with the Purchaser to reflect any of the circumstances set out in this section 4.

Appears in 1 contract

Sources: Purchase Order Terms and Conditions

INSPECTION, ACCEPTANCE AND REJECTION. a. The Supplier shall provide a Certificate of Conformance (C of C) for all products purchased by the Buyer. All shipments of Goods shipped Products and performance of Associated Services, if applicable, Services shall be subject to the PurchaserBuyer’s right of inspection. The Purchaser Buyer shall have sixty ninety (6090) calendar days (the “Inspection Period) following the delivery of the Goods at the Delivery Location Point or performance of the Associated Services, if applicable, Services to undertake such inspection, and upon such inspection the Purchaser Buyer shall either accept the Goods or Associated Services (“Acceptance) or reject them. The Purchaser Buyer shall have the right to reject any Goods that are: i. Delivered are delivered in excess of the quantity ordered; ii. Damaged ordered or are damaged or defective; iii. Counterfeit; iv. Short of In addition, Buyer shall have the quantity ordered; are v. Not right to reject any Goods or Services that are not in conformance with the requirements set out in Appendix A [Goods and Associated Services] to the CSA, the COP, Specifications or the Quotation and Order Form. b. any term of this Agreement. Transfer of title to the Purchaser Buyer of Goods shall not constitute the PurchaserBuyer’s Acceptance of those Goods. The Purchaser Buyer shall provide the Contractor Supplier within the Inspection Period notice of any Goods or Associated Services that are rejected, together with the reasons for such rejection. If the Purchaser Buyer does not provide the Contractor Supplier with any notice of rejection within the Inspection Period, then the Purchaser Buyer will be deemed to have provided Acceptance of such Goods or Associated Services. The PurchaserBuyer’s inspection, testing, or Acceptance or use of the Goods or Associated Services hereunder shall not limit or otherwise affect the ContractorSupplier’s warranty obligations hereunder with respect to the Goods or Associated Services, and such warranties shall survive inspection, test, Acceptance and use of the Goods or Associated Services. c. The Purchaser b. Buyer shall be entitled to return rejected Goods to the Contractor Supplier at ContractorSupplier’s expense and risk of loss for, at the PurchaserBuyer’s option, either: (i) full credit or refund of all amounts paid by the Purchaser Buyer to the Contractor Supplier for the rejected Goods; or (ii) replacement Goods to be received within the time period specified by the PurchaserBuyer. Title to rejected Goods that are returned to the Contractor Supplier shall transfer to the Contractor Supplier upon such delivery and such Goods shall not be replaced by the Contractor Supplier except upon written instructions from the Purchaser▇▇▇▇▇. The Contractor Supplier shall not deliver Goods that were previously rejected on grounds of non-non- compliance with this Order Agreement, unless delivery of such Goods is approved in writing advance by the Purchaser in advance▇▇▇▇▇, and is accompanied by a written disclosure of Buyer’s prior rejection(s). d. Notwithstanding the Purchaser having received possession of the Goods and without limiting the Purchaser’s rights in section 4, the Purchaser will not have accepted the Goods until the Purchaser ’s Qualified Receiver (as defined in the Purchaser’s Core Policy and Procedures Manual) has completed the steps assigned to the Qualified Receiver set out in c. 4.3.2 of the Purchaser’s Core Policy and Procedures Manual. e. In addition to the foregoing provisions of this section 4, at the request of the Purchaser, the Contractor will enter into an amendment of the Order with the Purchaser to reflect any of the circumstances set out in this section 4.

Appears in 1 contract

Sources: Purchase Order Agreement

INSPECTION, ACCEPTANCE AND REJECTION. a. All shipments of Goods and performance of Associated Services, if applicable, Services shall be subject to the PurchaserBuyer’s right of inspection. The Purchaser Buyer shall have sixty ninety (6090) calendar days (the “Inspection Period) following the delivery of the Goods at the Delivery Location Point or performance of the Associated Services, if applicable, Services to undertake such inspection, and upon such inspection the Purchaser Buyer shall either accept the Goods or Associated Services (“Acceptance) or reject them. The Purchaser Buyer shall have the right to reject any Goods that are: i. Delivered are delivered in excess of the quantity ordered; ii. Damaged ordered or are damaged or defective; iii. Counterfeit; iv. Short of In addition, Buyer shall have the quantity ordered; are v. Not right to reject any Goods or Services that are not in conformance with the requirements set out in Appendix A [Goods and Associated Services] to the CSA, the COP, Specifications or the Quotation and Order Form. b. any term of this Agreement. Transfer of title to the Purchaser Buyer of Goods shall not constitute the PurchaserBuyer’s Acceptance of those Goods. The Purchaser Buyer shall provide the Contractor Supplier within the Inspection Period notice of any Goods or Associated Services that are rejected, together with the reasons for such rejection. If the Purchaser Buyer does not provide the Contractor Supplier with any notice of rejection within the Inspection Period, then the Purchaser Buyer will be deemed to have provided Acceptance of such Goods or Associated Services. The PurchaserBuyer’s inspection, testing, or Acceptance or use of the Goods or Associated Services hereunder shall not limit or otherwise affect the ContractorSupplier’s warranty obligations hereunder with respect to the Goods or Associated Services, and such warranties shall survive inspection, test, Acceptance and use of the Goods or Associated Services. c. The Purchaser b. Buyer shall be entitled to return rejected Goods to the Contractor Supplier at ContractorSupplier’s expense and risk of loss for, at the PurchaserBuyer’s option, either: (i) full credit or refund of all amounts paid by the Purchaser Buyer to the Contractor Supplier for the rejected Goods; or (ii) replacement Goods to be received within the time period specified by the PurchaserBuyer. Title to rejected Goods that are returned to the Contractor Supplier shall transfer to the Contractor Supplier upon such delivery and such Goods shall not be replaced by the Contractor Supplier, except upon written instructions from the PurchaserBuyer. The Contractor Supplier shall not deliver Goods that were previously rejected on grounds of non-compliance with this Order Agreement, unless delivery of such Goods is approved in writing advance by the Purchaser in advance▇▇▇▇▇, and is accompanied by a written disclosure of Buyer’s prior rejection(s). d. Notwithstanding the Purchaser having received possession of the Goods and without limiting the Purchaser’s rights in section 4, the Purchaser will not have accepted the Goods until the Purchaser ’s Qualified Receiver (as defined in the Purchaser’s Core Policy and Procedures Manual) has completed the steps assigned to the Qualified Receiver set out in c. 4.3.2 of the Purchaser’s Core Policy and Procedures Manual. e. In addition to the foregoing provisions of this section 4, at the request of the Purchaser, the Contractor will enter into an amendment of the Order with the Purchaser to reflect any of the circumstances set out in this section 4.

Appears in 1 contract

Sources: Purchase Order Terms and Conditions

INSPECTION, ACCEPTANCE AND REJECTION. a. All shipments of Goods and performance of Associated Services, if applicable, shall be subject to the Purchaser’s right of inspection. The Purchaser shall have sixty (60) calendar days (the “Inspection Period”) following the delivery of the Goods at the Delivery Location or performance of the Associated Services, if applicable, to undertake such inspection, and upon such inspection the Purchaser shall either accept the Goods or Associated Services (“Acceptance”) or reject them. The Purchaser shall have the right to reject any Goods that are: i. Delivered delivered in excess of the quantity ordered; ii. Damaged damaged or defective; iii. Counterfeitcounterfeit; iv. Short short of the quantity ordered; areor v. Not are not in conformance with the requirements or any term set out in Appendix A [Goods the Executed Purchase Request or these Order Terms and Associated Services] to the CSA, the COP, or the Quotation and Order FormConditions. b. Transfer of title to the Purchaser of Goods shall not constitute the Purchaser’s Acceptance of those Goods. The Purchaser shall provide the Contractor within the Inspection Period notice of any Goods or Associated Services that are rejected, together with the reasons for such rejection. If the Purchaser does not provide the Contractor with any notice of rejection within the Inspection Period, then the Purchaser will be deemed to have provided Acceptance of such Goods or Associated Services. The Purchaser’s inspection, testing, or Acceptance or use of the Goods or Associated Services hereunder shall not limit or otherwise affect the Contractor’s warranty obligations hereunder with respect to the Goods or Associated Services, and such warranties shall survive inspection, test, Acceptance and use of the Goods or Associated Services. c. The Purchaser shall be entitled to return rejected Goods to the Contractor at Contractor’s expense and risk of loss for, at the Purchaser’s option, either: (i) full credit or refund of all amounts paid by the Purchaser to the Contractor for the rejected Goods; or (ii) replacement Goods to be received within the time period specified by the Purchaser. Title to rejected Goods that are returned to the Contractor shall transfer to the Contractor upon such delivery and such Goods shall not be replaced by the Contractor except upon written instructions from the Purchaser. The Contractor shall not deliver Goods that were previously rejected on grounds of non-compliance with this Order Order, unless delivery of such Goods is approved in writing by the Purchaser in advance. d. Notwithstanding the Purchaser having received possession of the Goods and without limiting the Purchaser’s rights in section 4, the Purchaser will not have accepted the Goods until the Purchaser ’s Qualified Receiver (as defined in the Purchaser’s Core Policy and Procedures Manual) has completed the steps assigned to the Qualified Receiver set out in c. 4.3.2 of the Purchaser’s Core Policy and Procedures Manual. e. In addition to the foregoing provisions of this section 4, at the request of the Purchaser, the Contractor will enter into an amendment of the Order with the Purchaser to reflect any of the circumstances set out in this section 4.

Appears in 1 contract

Sources: Corporate Supply Arrangement

INSPECTION, ACCEPTANCE AND REJECTION. a. All shipments of Goods and performance of Associated Services, if applicable, Services shall be subject to the Purchaser’s Buyer's right of inspection. The Purchaser shall have sixty (60) calendar days (the “Inspection Period”) following the delivery of the Goods at the Delivery Location or performance of the Associated Services, if applicable, to undertake such inspection, and upon such inspection the Purchaser shall either accept the Goods or Associated Services (“Acceptance”) or reject them. The Purchaser Buyer shall have the right to reject any Goods that are: i. Delivered are delivered in excess of the quantity ordered; ii. Damaged ordered or are damaged or defective; iii. Counterfeit; iv. Short of In addition, Buyer shall have the quantity ordered; are v. Not right to reject any Goods or Services that are not in conformance with the requirements set out in Appendix A [Goods and Associated Services] to the CSA, the COP, Specifications or the Quotation and Order Form. b. any term of this Agreement. Transfer of title to the Purchaser Buyer of Goods shall not constitute the Purchaser’s Buyer's Acceptance of those Goods. The Purchaser Buyer shall provide the Contractor within the Inspection Period Supplier notice of any Goods or Associated Services that are rejected, together with the reasons for such rejection. If the Purchaser Buyer does not provide the Contractor Supplier with any notice of rejection within the Inspection Periodrejection, then the Purchaser Buyer will be deemed to have provided Acceptance of such Goods or Associated Services. The Purchaser’s Buyer's inspection, testing, or Acceptance or use of the Goods or Associated Services hereunder shall not limit or otherwise affect the Contractor’s Supplier's warranty obligations hereunder with respect to the Goods or Associated Services, and such warranties shall survive inspection, test, Acceptance and use of the Goods or Associated Services. c. The Purchaser . Buyer shall be entitled to return rejected Goods to the Contractor Supplier at Contractor’s Supplier's expense and risk of loss for, at the Purchaser’s Buyer's option, either: (i) full credit or refund of all amounts paid by the Purchaser Buyer to the Contractor Supplier for the rejected Goods; or (ii) replacement Goods to be received within the time period specified by the PurchaserBuyer. Title to rejected Goods that are returned to the Contractor Supplier shall transfer to the Contractor Supplier upon such delivery and such Goods shall not be replaced by the Contractor Supplier except upon written instructions from the PurchaserBuyer. The Contractor Supplier shall not deliver Goods that were previously rejected on grounds of non-compliance with this Order Agreement unless delivery of such Goods is approved in writing advance by the Purchaser in advanceBuyer and is accompanied by a written disclosure of Buyer's prior rejection(s). d. Notwithstanding the Purchaser having received possession of the Goods and without limiting the Purchaser’s rights in section 4, the Purchaser will not have accepted the Goods until the Purchaser ’s Qualified Receiver (as defined in the Purchaser’s Core Policy and Procedures Manual) has completed the steps assigned to the Qualified Receiver set out in c. 4.3.2 of the Purchaser’s Core Policy and Procedures Manual. e. In addition to the foregoing provisions of this section 4, at the request of the Purchaser, the Contractor will enter into an amendment of the Order with the Purchaser to reflect any of the circumstances set out in this section 4.

Appears in 1 contract

Sources: Purchase Order Agreement

INSPECTION, ACCEPTANCE AND REJECTION. a. All shipments of Goods and performance of Associated Services, if applicable, Services shall be subject to the PurchaserBuyer’s right of inspection. The Purchaser Buyer shall have sixty ninety (6090) calendar days (the “Inspection Period) following the delivery of the Goods at the Delivery Location Point or performance of the Associated Services, if applicable, Services to undertake such inspection, and upon such inspection the Purchaser Buyer shall either accept the Goods or Associated Services (“Acceptance) or reject them. The Purchaser Buyer shall have the right to reject any Goods that are: i. Delivered are delivered in excess of the quantity ordered; ii. Damaged ordered or are damaged or defective; iii. Counterfeit; iv. Short of In addition, Buyer shall have the quantity ordered; are v. Not right to reject any Goods or Services that are not in conformance with the requirements set out in Appendix A [Goods and Associated Services] to the CSA, the COP, Specifications or the Quotation and Order Form. b. any term of this Agreement. Transfer of title to the Purchaser Buyer of Goods shall not constitute the PurchaserBuyer’s Acceptance of those Goods. The Purchaser Buyer shall provide the Contractor Supplier within the Inspection Period notice of any Goods or Associated Services that are rejected, together with the reasons for such rejection. If the Purchaser Buyer does not provide the Contractor Supplier with any notice of rejection within the Inspection Period, then the Purchaser Buyer will be deemed to have provided Acceptance of such Goods or Associated Services. The PurchaserBuyer’s inspection, testing, or Acceptance or use of the Goods or Associated Services hereunder shall not limit or otherwise affect the ContractorSupplier’s warranty obligations hereunder with respect to the Goods or Associated Services, and such warranties shall survive inspection, test, Acceptance and use of the Goods or Associated Services. c. The Purchaser b. Buyer shall be entitled to return rejected Goods to the Contractor Supplier at ContractorSupplier’s expense and risk of loss for, at the PurchaserBuyer’s option, either: (i) full credit or refund of all amounts paid by the Purchaser Buyer to the Contractor Supplier for the rejected Goods; or (ii) replacement Goods to be received within the time period specified by the PurchaserBuyer. Title to rejected Goods that are returned to the Contractor Supplier shall transfer to the Contractor Supplier upon such delivery and such Goods shall not be replaced by the Contractor Supplier except upon written instructions from the PurchaserBuyer. The Contractor Supplier shall not deliver Goods that were previously rejected on grounds of non-compliance with this Order Agreement, unless delivery of such Goods is approved in writing advance by the Purchaser in advanceBuyer and is accompanied by a written disclosure of ▇▇▇▇▇’s prior rejection(s). d. Notwithstanding the Purchaser having received possession of the Goods and without limiting the Purchaser’s rights in section 4, the Purchaser will not have accepted the Goods until the Purchaser ’s Qualified Receiver (as defined in the Purchaser’s Core Policy and Procedures Manual) has completed the steps assigned to the Qualified Receiver set out in c. 4.3.2 of the Purchaser’s Core Policy and Procedures Manual. e. In addition to the foregoing provisions of this section 4, at the request of the Purchaser, the Contractor will enter into an amendment of the Order with the Purchaser to reflect any of the circumstances set out in this section 4.

Appears in 1 contract

Sources: Purchase Order Agreement