INSPECTION, ACCEPTANCE AND REJECTION. (A) All Items or Services are subject to final inspection, test, and acceptance at destination, regardless of the F.O.B. point or any payment or prior inspection at source. Final inspection will be made at a reasonable time after receipt of the Items or Services. Final inspection shall be conclusive except as regards latent defects, fraud and such gross mistakes as amount to fraud. Seller shall furnish to Buyer, if requested, all information and data as may be reasonable by Buyer in order to perform inspection and acceptance. Final inspection does not relieve Seller of its obligation under any Warranties herein or as may be provided by law. (B) In case any Item is defective in material or workmanship, or otherwise not in strict conformity with the requirements of this Order, Buyer shall have the right either to reject it, require its correction, or accept the Item with an equitable adjustment in price. Any Item which has been rejected or required to be corrected may be returned to and shall be replaced or corrected by and at the expense of the Seller, including transportation charges as well as including any costs incurred by Buyer and/or any costs incurred by a third party under the control or direction of Buyer for effort that may be required to enable Seller to re-perform in strict conformity with the requirements of this contract, promptly after notice. If after being requested by ▇▇▇▇▇, the Seller fails to promptly replace or correct any defective Item within the contractual delivery schedule, Buyer may (i) by contract or otherwise, replace or correct such Item and charge to the Seller the cost occasioned Buyer thereby; (ii) without further notice terminate this Order for default, in accordance with the clause hereof titled "Termination"; or (iii) require a reduction in price which is equitable under the circumstances.
Appears in 4 contracts
Sources: Purchase Agreement, Purchase Order Agreement, Purchase Order Agreement
INSPECTION, ACCEPTANCE AND REJECTION. (A) All Items or Services are subject to final inspection, test, and acceptance at destination, regardless of the F.O.B. point or any payment or prior inspection at source. Final inspection will be made at a reasonable time after receipt of the Items or Services. Final inspection shall be conclusive except as regards latent defects, fraud and such gross mistakes as amount to fraud. Seller shall furnish to BuyerBUYER, if requested, all information and data as may be reasonable by Buyer BUYER in order to perform inspection and acceptance. Final inspection does not relieve Seller of its obligation under any Warranties herein or as may be provided by law. (B) In case any Item is defective in material or workmanship, or otherwise not in strict conformity with the requirements of this Order, Buyer BUYER shall have the right either to reject it, require its correction, or accept the Item with an equitable adjustment in price. Any Item which has been rejected or required to be corrected may be returned to and shall be replaced or corrected by and at the expense of the Seller, including transportation charges as well as including any costs incurred by Buyer BUYER and/or any costs incurred by a third party under the control or direction of Buyer BUYER for effort that may be required to enable Seller to re-perform in strict conformity with the requirements of this contract, promptly after notice. If after being requested by ▇▇▇▇▇BUYER, the Seller fails to promptly replace or correct any defective Item within the contractual delivery schedule, Buyer BUYER may (i) by contract or otherwise, replace or correct such Item and charge to the Seller the cost occasioned Buyer BUYER thereby; (ii) without further notice terminate this Order for default, in accordance with the clause hereof titled "Termination"; or (iii) require a reduction in price which is equitable under the circumstances.
Appears in 1 contract
Sources: Purchase Order Agreement
INSPECTION, ACCEPTANCE AND REJECTION. (A) All Items or Services are subject to final inspection, test, and acceptance at destination, regardless of the F.O.B. point or any payment or prior inspection at source. Final inspection will be made at a reasonable time after receipt of the Items or Services. Final inspection shall be conclusive except as regards latent defects, fraud and such gross mistakes as amount to fraud. Seller shall furnish to Buyer, if requested, all information and data as may be reasonable by Buyer in order to perform inspection and acceptance. Final inspection does not relieve Seller of its obligation under any Warranties herein or as may be provided by law. (B) In case any Item is defective in material or workmanship, or otherwise not in strict conformity with the requirements of this Order, Buyer shall have the right either to reject it, require its correction, or accept the Item with an equitable adjustment in price. Any Item which has been rejected or required to be corrected may be returned to and shall be replaced or corrected by and at the expense of the Seller, including transportation charges as well as including any costs incurred by Buyer and/or any costs incurred by a third party under the control or direction of Buyer for effort that may be required to enable Seller to re-perform in strict conformity with the requirements of this contract, promptly after notice. If after being requested by ▇▇▇▇▇, the Seller fails to promptly replace or correct any defective Item within the contractual delivery schedule, Buyer may (i) by contract or otherwise, replace or correct such Item and charge to the Seller the cost occasioned Buyer thereby; (ii) without further notice terminate this Order for default, in accordance with the clause hereof titled "Termination"; or (iii) require a reduction in price which is equitable under the circumstances.in
Appears in 1 contract
Sources: Purchase Order