Inspection and Acceptance. 3.1 All shipments of Goods and all Services performed and supplied by the Supplier are subject to the Local Government’s right of inspection and testing. 3.2 The Local Government has ninety (90) business days (the “Inspection Period”) following the delivery of the Goods to the delivery point specified by the Local Government or the completion of Services by the Supplier to undertake such inspection, and upon such inspection by the Local Government, in its sole but reasonable discretion, it shall either accept the Goods or Services or reject them. 3.3 The Local Government has the right to reject any Goods that are delivered in excess of or below the quantity ordered or are damaged or defective. In addition, the Local Government has the right to reject any Goods or Services that are not in conformance with the specifications or any term of this Agreement. 3.4 The delivery of Goods or transfer of title of Goods from the Supplier to the Local Government does not constitute acceptance of those Goods by the Local Government. 3.5 The Local Government shall provide the Supplier, no later than the end of the Inspection Period, a written notice of any Goods or Services that are rejected, together with the reasons for such rejection. If the Local Government does not provide the Supplier with any notice of rejection before the end of the Inspection Period, the Local Government shall be deemed to have accepted such Goods or Services. 3.6 The Local Government’s inspection (or non-inspection), testing (or non-testing), acceptance or use of the Goods or Services shall not limit or otherwise affect the Supplier’s warranty obligations with respect to the Goods or Services. 3.7 If the Local Government rejects any Goods or Services, the Supplier shall arrange to have rejected Goods returned to the Supplier at the Supplier’s expense, and the Supplier shall at the Local Government’s option: (a) provide a full credit or refund of all amounts paid by the Local Government to the Supplier for the rejected Goods or Services; or (b) provide replacement Goods or Services to be received within the time period specified by the Local Government. 3.8 The Supplier shall not deliver Goods that were previously rejected by the Local Government unless delivery of such Goods is approved in advance in writing by the Local Government, and is accompanied by a written disclosure of the Local Government’s prior rejection(s).
Appears in 16 contracts
Sources: Janitorial Services Agreement, Janitorial Services Agreement, Service Agreement
Inspection and Acceptance. 3.1 All shipments of 12.1 The Government shall at all times retain the right to inspect the Goods and all Services performed and supplied provided by the Supplier are subject and shall have the right to the Local Government’s right of inspection and testing.
3.2 The Local Government has ninety (90) business days (the “Inspection Period”) following the delivery of the Goods to the delivery point specified by the Local Government review, require correction or the completion of Services by the Supplier to undertake such inspectionadditional follow up, if necessary, and upon such inspection by the Local Government, in its sole but reasonable discretion, it shall either accept the Goods or Services or reject themService.
3.3 12.2 The Local Government has will notify the Supplier of its contact who shall be responsible for reviewing, inspecting and approving Delivery of the Goods and Service.
12.3 The Government shall have the right to reject any Goods that are delivered in excess of or below the quantity ordered or are damaged or defective. In addition, the Local Government has the right to reject any Goods or Services that refuse acceptance of the Goods if:
(a) the Goods, or any portion thereof, are not in conformance with this Agreement;
(b) the Goods, or any portion thereof, are not in conformance with the specifications Specifications provided to the Supplier at the time the order for the Goods was placed; or
(c) the Goods, or any term of this Agreement.portion thereof, are not in conformance with the Documents; or
3.4 The delivery of Goods or transfer of title of Goods from (d) the Supplier fails to deliver the Local Goods within the time specified by Government does not constitute acceptance following receipt of those Goods the Order or such other time as specified by the Local Government.
3.5 The Local Government shall provide the Supplier, no later than the end 12.4 Upon such rejection of the Inspection Period, a written notice of any Goods or Services that are rejected, together with the reasons for such rejection. If the Local Government does not provide the Supplier with any notice of rejection before the end of the Inspection Period, the Local Government shall be deemed to have accepted such Goods or Services.
3.6 The Local Government’s inspection (or non-inspection), testing (or non-testing), acceptance or use of the Goods or Services shall not limit or otherwise affect the Supplier’s warranty obligations with respect to the Goods or Services.
3.7 If the Local Government rejects any Goods or ServicesGoods, the Supplier shall arrange to have rejected for return of the Goods returned to the Supplier Supplier, at the Supplier’s expense's risk and Expense, and the Supplier shall at promptly reimburse the Local Government’s option:
(a) provide a full credit or refund Government for any payments made in connection with the delivery and return of all amounts paid by the Local Government to the Supplier for the rejected Goods or Services; or
(b) provide replacement Goods or Services to be received within any part of the time period specified by the Local GovernmentGoods.
3.8 12.5 Following rejection of any Goods in accordance with this Section, the Government shall have the right to require the Supplier to make another delivery of Goods which conform to this Agreement, Documents and/or the Specifications provided or, to purchase the Goods and Service or substitutes thereof from alternative sources. The Supplier shall not deliver Goods that were previously rejected reimburse the Government, upon demand, all additional Expense incurred by the Local Government unless delivery of such Goods is approved in advance in writing by the Local Government, if any, in obtaining the Goods and is accompanied by a written disclosure Service or substitutes thereof.
12.6 The Government may confirm, in writing, acceptance of the Local Government’s prior rejection(s)Goods at the time of Delivery or at any time thereafter.
Appears in 7 contracts
Sources: Supply of Goods and Services Agreement, Supply of Goods and Services Agreement, Supply of Goods and Services Agreement
Inspection and Acceptance. 3.1 All shipments of 12.1 The Government shall at all times retain the right to inspect the Goods and all Services performed and supplied provided by the Supplier are subject and shall have the right to the Local Government’s right of inspection and testing.
3.2 The Local Government has ninety (90) business days (the “Inspection Period”) following the delivery of the Goods to the delivery point specified by the Local Government review, require correction or the completion of Services by the Supplier to undertake such inspectionadditional follow up, if necessary, and upon such inspection by the Local Government, in its sole but reasonable discretion, it shall either accept the Goods or Services or reject themServices.
3.3 12.2 The Local Government has will notify the Supplier of its contact who shall be responsible for reviewing, inspecting and approving Delivery of the Goods and Services.
12.3 The Government shall have the right to reject any Goods that are delivered in excess of or below the quantity ordered or are damaged or defective. In addition, the Local Government has the right to reject any Goods or Services that refuse acceptance of the Goods if:
(a) the Goods, or any portion thereof, are not in conformance with this Agreement;
(b) the Goods, or any portion thereof, are not in conformance with the specifications or any term of this Agreement.
3.4 The delivery of Goods or transfer of title of Goods from Specifications provided to the Supplier at the time the order for the Goods was placed; or
(c) the Supplier fails to deliver the Local Goods within the time specified by Government does not constitute acceptance following receipt of those Goods the Order or such other time as specified by the Local Government.
3.5 The Local Government shall provide the Supplier, no later than the end 12.4 Upon such rejection of the Inspection Period, a written notice of any Goods or Services that are rejected, together with the reasons for such rejection. If the Local Government does not provide the Supplier with any notice of rejection before the end of the Inspection Period, the Local Government shall be deemed to have accepted such Goods or Services.
3.6 The Local Government’s inspection (or non-inspection), testing (or non-testing), acceptance or use of the Goods or Services shall not limit or otherwise affect the Supplier’s warranty obligations with respect to the Goods or Services.
3.7 If the Local Government rejects any Goods or ServicesGoods, the Supplier shall arrange to have rejected for return of the Goods returned to the Supplier Supplier, at the Supplier’s 's risk and expense, and the Supplier shall at promptly reimburse the Local Government’s option:
(a) provide a full credit or refund Government for any payments made in connection with the delivery and return of all amounts paid by the Local Government to the Supplier for the rejected Goods or Services; any part of the Goods.
12.5 Following rejection of any Goods in accordance with this Section, the Government shall have the right to require the Supplier to make another delivery of Goods which conform to this Agreement and/or the Specifications provided or
(b) provide replacement , to purchase the Goods or Services to be received within the time period specified by the Local Government.
3.8 substitutes thereof from alternative sources. The Supplier shall not deliver Goods that were previously rejected reimburse the Government, upon demand, all additional costs incurred by the Local Government unless delivery of such Goods is approved in advance in writing by the Local Government, and is accompanied by a written disclosure if any, in obtaining the Goods or substitutes thereof
12.6 The Government may confirm, in writing, acceptance of the Local Government’s prior rejection(s)Goods at the time of Delivery or at any time thereafter.
Appears in 7 contracts
Sources: Supply of Goods and Services Agreement, Supply of Goods and Services Agreement, Supply of Goods and Services Agreement
Inspection and Acceptance. 3.1 All shipments of 12.1 The Government shall at all times retain the right to inspect the Goods and all Services performed and supplied provided by the Supplier are subject and shall have the right to the Local Government’s right of inspection and testing.
3.2 The Local Government has ninety (90) business days (the “Inspection Period”) following the delivery of the Goods to the delivery point specified by the Local Government review, require correction or the completion of Services by the Supplier to undertake such inspectionadditional follow up, if necessary, and upon such inspection by the Local Government, in its sole but reasonable discretion, it shall either accept the Goods or Services or reject themServices.
3.3 12.2 The Local Government has will notify the Supplier of its contact who shall be responsible for reviewing, inspecting and approving Delivery of the Goods and Services.
12.3 The Government shall have the right to reject any Goods that are delivered in excess of or below the quantity ordered or are damaged or defective. In addition, the Local Government has the right to reject any Goods or Services that refuse acceptance of the Goods if:
(a) the Goods, or any portion thereof, are not in conformance with this Agreement;
(b) the Goods, or any portion thereof, are not in conformance with the specifications Specifications provided to the Supplier at the time the order for the Goods was placed; or
(c) the Goods, or any term of this Agreement.portion thereof, are not in conformance with the Documents; or
3.4 The delivery of Goods or transfer of title of Goods from (d) the Supplier fails to deliver the Local Goods within the time specified by Government does not constitute acceptance following receipt of those Goods the Order or such other time as specified by the Local Government.
3.5 The Local Government shall provide the Supplier, no later than the end 12.4 Upon such rejection of the Inspection Period, a written notice of any Goods or Services that are rejected, together with the reasons for such rejection. If the Local Government does not provide the Supplier with any notice of rejection before the end of the Inspection Period, the Local Government shall be deemed to have accepted such Goods or Services.
3.6 The Local Government’s inspection (or non-inspection), testing (or non-testing), acceptance or use of the Goods or Services shall not limit or otherwise affect the Supplier’s warranty obligations with respect to the Goods or Services.
3.7 If the Local Government rejects any Goods or ServicesGoods, the Supplier shall arrange to have rejected for return of the Goods returned to the Supplier Supplier, at the Supplier’s expense's risk and Expense, and the Supplier shall at promptly reimburse the Local Government’s option:
(a) provide a full credit or refund Government for any payments made in connection with the delivery and return of all amounts paid by the Local Government to the Supplier for the rejected Goods or Services; any part of the Goods.
12.5 Following rejection of any Goods in accordance with this Section, the Government shall have the right to require the Supplier to make another delivery of Goods which conform to this Agreement, Documents and/or the Specifications provided or, to purchase the Goods and Services or substitutes thereof from alternative sources. The Supplier shall reimburse the Government, upon demand, all additional Expense incurred by the Government, if any, in obtaining the Goods and Services or substitutes thereof.
(b) provide replacement 12.6 The Government may confirm, in writing, acceptance of the Goods at the time of Delivery or at any time thereafter.
12.7 Written acceptance of the Goods by the Government shall release the Supplier from any obligation to remedy any nonconformity of the accepted Goods or Services reimburse the Government for any additional costs incurred in obtaining other Goods or substitutes thereof but does not relieve Supplier from any warranty, guarantees or service obligations. The Government shall have the right to be received within inspect the Goods prior to, or at the time period specified of Delivery or within thirty (30) days following Delivery for compliance with this Agreement and other Specifications required by the Local Government.
3.8 The 12.8 Supplier’s failure to proceed with reasonable promptness to make necessary corrections shall be a Default. If Supplier shall not deliver fails to provide corrected Goods that were previously rejected or Supplier fails to correct performance of Service within a timeframe as set by the Local Government unless delivery of such Goods is approved in advance in writing by the Local Government, the Government may terminate this Agreement, reduce the Fee and/or reject the hours submitted in connection with such work to reflect the reduced value of Goods and is accompanied by a written disclosure of the Local Government’s prior rejection(s)Services received.
Appears in 6 contracts
Sources: Supply of Goods and Services Agreement, Supply of Goods and Services Agreement, Supply of Goods and Services Agreement
Inspection and Acceptance. 3.1 All shipments of Goods and all Services performed and supplied by the Supplier are subject to the Local Government’s right of inspection and testing.
3.2 The Local Government has ninety (90) business days (the “Inspection Period”) following the delivery of the Goods to the delivery point specified by the Local Government or the completion of Services by the Supplier to undertake such inspection, and upon such inspection by the Local Government, in its sole but reasonable discretion, it shall either accept the Goods or Services or reject them.
3.3 The Local Government has the right to reject any Goods that are delivered in excess of or below the quantity ordered or are damaged or defective. In addition, the Local Government has the right to reject any Goods or Services that are not in conformance with the specifications or any term of this Agreement.
3.4 The delivery of Goods or transfer of title of Goods from the Supplier to the Local Government does not constitute acceptance of those Goods by the Local Government.
3.5 The Local Government shall provide the Supplier, no later than the end of the Inspection Period, a written notice of any Goods or Services that are rejected, together with the reasons for such rejection. If the Local Government does not provide the Supplier with any notice of rejection before the end of endof the Inspection Period, the Local Government shall be deemed to have accepted such Goods or Services.
3.6 The Local Government’s inspection (or non-inspection), testing (or non-testing), acceptance or use of the Goods or Services shall not limit or otherwise affect the Supplier’s warranty obligations with respect to the Goods or Services.
3.7 If the Local Government rejects any Goods or Services, the Supplier shall arrange to have rejected Goods returned to the Supplier at the Supplier’s expense, and the Supplier shall at the Local Government’s option:
(a) provide a full credit or refund of all amounts paid by the Local Government to the Supplier for the rejected Goods or Services; or
(b) provide replacement Goods or Services to be received within the time period specified by the Local Government.
3.8 The Supplier shall not deliver Goods that were previously rejected by the Local Government unless delivery of such Goods is approved in advance in writing by the Local Government, Government and is accompanied by a written disclosure of the Local Government’s prior rejection(s).
Appears in 4 contracts
Sources: Service Agreement, Security Services Agreement, Supply of Services Agreement
Inspection and Acceptance. 3.1 All shipments of Goods and all Services performed and supplied by the Supplier are subject to the Local Government’s right of inspection and testing.
3.2 The Local Government has ninety (90) business days (the “Inspection Period”) following the delivery of the Goods to the delivery point specified by the Local Government or the completion of Services by the Supplier to undertake such inspection, and upon such inspection by the Local Government, in its sole but reasonable discretion, it shall either accept the Goods or Services or reject them.
3.3 The Local Government has the right to reject any Goods that are delivered in excess of or below the quantity ordered or are damaged or defective. In addition, the Local Government has the right to reject any Goods or Services that are not in conformance with the specifications or any term of this Agreement.
3.4 The delivery of Goods or transfer of title of to Goods from the Supplier to the Local Government does not constitute acceptance of those Goods by the Local Government.
3.5 The Local Government shall provide the Supplier, no later than the end of the Inspection Period, a written notice of any Goods or Services that are rejected, together with the reasons for such rejection. If the Local Government does not provide the Supplier with any notice of rejection before the end of the Inspection Period, the Local Government shall be deemed to have accepted such Goods or Services.
3.6 The Local Government’s inspection (or non-inspection), testing (or non-testing), acceptance or use of the Goods or Services shall not limit or otherwise affect the Supplier’s warranty obligations with respect to the Goods or Services.
3.7 If the Local Government rejects any Goods or Services, the Supplier shall arrange to have rejected Goods returned to the Supplier at the Supplier’s expense, and the Supplier shall at the Local Government’s option:
(a) provide a full credit or refund of all amounts paid by the Local Government to the Supplier for the rejected Goods or Services; or
(b) provide replacement Goods or Services to be received within the time period specified by the Local Government.
3.8 The Supplier shall not deliver Goods that were previously rejected by the Local Government unless delivery of such Goods is approved in advance in writing by the Local Government, and is accompanied by a written disclosure of the Local Government’s prior rejection(s).
Appears in 4 contracts
Sources: Supply and Installation Agreement, Service Agreement, Supply Agreement
Inspection and Acceptance. 3.1 All shipments of 12.1 The Government shall at all times retain the right to inspect the Goods and all Services performed and supplied provided by the Supplier are subject and shall have the right to the Local Government’s right of inspection and testing.
3.2 The Local Government has ninety (90) business days (the “Inspection Period”) following the delivery of the Goods to the delivery point specified by the Local Government review, require correction or the completion of Services by the Supplier to undertake such inspectionadditional follow up, if necessary, and upon such inspection by the Local Government, in its sole but reasonable discretion, it shall either accept the Goods or Services or reject themServices.
3.3 12.2 The Local Government has will notify the Supplier of its contact who shall be responsible for reviewing, inspecting and approving Delivery of the Goods and Services.
12.3 The Government shall have the right to reject any Goods that are delivered in excess of or below the quantity ordered or are damaged or defective. In addition, the Local Government has the right to reject any Goods or Services that refuse acceptance of the Goods if:
(a) the Goods, or any portion thereof, are not in conformance with this Agreement;
(b) the Goods, or any portion thereof, are not in conformance with the specifications Specifications provided to the Supplier at the time the order for the Goods was placed; or
(c) the Goods, or any term of this Agreement.portion thereof, are not in conformance with the Documents; or
3.4 The delivery of Goods or transfer of title of Goods from (d) the Supplier fails to deliver the Local Goods within the time specified by Government does not constitute acceptance following receipt of those Goods the Order or such other time as specified by the Local Government.
3.5 The Local Government shall provide the Supplier, no later than the end 12.4 Upon such rejection of the Inspection Period, a written notice of any Goods or Services that are rejected, together with the reasons for such rejection. If the Local Government does not provide the Supplier with any notice of rejection before the end of the Inspection Period, the Local Government shall be deemed to have accepted such Goods or Services.
3.6 The Local Government’s inspection (or non-inspection), testing (or non-testing), acceptance or use of the Goods or Services shall not limit or otherwise affect the Supplier’s warranty obligations with respect to the Goods or Services.
3.7 If the Local Government rejects any Goods or ServicesGoods, the Supplier shall arrange to have rejected for return of the Goods returned to the Supplier Supplier, at the Supplier’s expense's risk and Expense, and the Supplier shall at promptly reimburse the Local Government’s option:
(a) provide a full credit or refund Government for any payments made in connection with the delivery and return of all amounts paid by the Local Government to the Supplier for the rejected Goods or Services; or
(b) provide replacement Goods or Services to be received within any part of the time period specified by the Local GovernmentGoods.
3.8 12.5 Following rejection of any Goods in accordance with this Section, the Government shall have the right to require the Supplier to make another delivery of Goods which conform to this Agreement, Documents and/or the Specifications provided or, to purchase the Goods and Services or substitutes thereof from alternative sources. The Supplier shall not deliver Goods that were previously rejected reimburse the Government, upon demand, all additional Expense incurred by the Local Government unless delivery of such Goods is approved in advance in writing by the Local Government, if any, in obtaining the Goods and is accompanied by a written disclosure Services or substitutes thereof.
12.6 The Government may confirm, in writing, acceptance of the Local Government’s prior rejection(s)Goods at the time of Delivery or at any time thereafter.
Appears in 3 contracts
Sources: Supply of Goods and Services Agreement, Supply of Goods and Services Agreement, Supply of Goods and Services Agreement
Inspection and Acceptance. 3.1 All shipments of The Government shall at all times retain the right to inspect the Goods and all Services performed and supplied provided by the Supplier are subject and shall have the right to the Local Government’s right of inspection and testing.
3.2 The Local Government has ninety (90) business days (the “Inspection Period”) following the delivery of the Goods to the delivery point specified by the Local Government review, require correction or the completion of Services by the Supplier to undertake such inspectionadditional follow up, if necessary, and upon such inspection by the Local Government, in its sole but reasonable discretion, it shall either accept the Goods or Services or reject them.
3.3 Services. The Local Government has will notify the Supplier of its contact who shall be responsible for reviewing, inspecting and approving Delivery of the Goods and Services. The Government shall have the right to reject any Goods that are delivered in excess of or below the quantity ordered or are damaged or defective. In addition, the Local Government has the right to reject any Goods or Services that refuse acceptance of the Goods if: the Goods, or any portion thereof, are not in conformance with this Agreement; the Goods, or any portion thereof, are not in conformance with the specifications or any term of this Agreement.
3.4 The delivery of Goods or transfer of title of Goods from Specifications provided to the Supplier at the time the order for the Goods was placed; or the Supplier fails to deliver the Local Goods within the time specified by Government does not constitute acceptance following receipt of those Goods the Order or such other time as specified by the Local Government.
3.5 The Local Government shall provide the Supplier, no later than the end . Upon such rejection of the Inspection Period, a written notice of any Goods or Services that are rejected, together with the reasons for such rejection. If the Local Government does not provide the Supplier with any notice of rejection before the end of the Inspection Period, the Local Government shall be deemed to have accepted such Goods or Services.
3.6 The Local Government’s inspection (or non-inspection), testing (or non-testing), acceptance or use of the Goods or Services shall not limit or otherwise affect the Supplier’s warranty obligations with respect to the Goods or Services.
3.7 If the Local Government rejects any Goods or ServicesGoods, the Supplier shall arrange to have rejected for return of the Goods returned to the Supplier Supplier, at the Supplier’s 's risk and expense, and the Supplier shall at promptly reimburse the Local Government’s option:
(a) provide a full credit or refund Government for any payments made in connection with the delivery and return of all amounts paid by the Local Government to the Supplier for the rejected Goods or Services; any part of the Goods. Following rejection of any Goods in accordance with this Section, the Government shall have the right to require the Supplier to make another delivery of Goods which conform to this Agreement and/or the Specifications provided or
(b) provide replacement , to purchase the Goods or Services to be received within the time period specified by the Local Government.
3.8 substitutes thereof from alternative sources. The Supplier shall not deliver Goods that were previously rejected reimburse the Government, upon demand, all additional costs incurred by the Local Government, if any, in obtaining the Goods or substitutes thereof The Government unless delivery may confirm, in writing, acceptance of such the Goods is approved in advance in writing at the time of Delivery or at any time thereafter. Written acceptance of the Goods by the Local Government shall release the Supplier from any obligation to remedy any nonconformity of the accepted Goods or reimburse the Government for any additional costs incurred in obtaining other Goods or substitutes thereof but does not relieve Supplier from any warranty, guarantees or service obligations. The Government shall have the right to inspect the Goods prior to, or at the time of Delivery or within thirty (30) days following Delivery for compliance with this Agreement and other Specifications required by the Government. Supplier’s failure to proceed with reasonable promptness to make necessary corrections shall be a Default. If Supplier fails to provide corrected Goods or Supplier fails to correct performance of Service within a timeframe as set by Government, the Government may terminate this Agreement, reduce the Fee and/or reject the hours submitted in connection with such work to reflect the reduced value of Goods and is accompanied by a written disclosure of the Local Government’s prior rejection(s)Services received.
Appears in 2 contracts
Sources: Supply of Goods and Services Agreement, Supply of Goods and Services Agreement
Inspection and Acceptance. 3.1 All shipments of Goods and all Services performed and supplied by the Supplier are subject to the Local Government’s right of inspection and testing.
3.2 The Local Government has ninety thirty (9030) business days (the “Inspection Period”) following the delivery of the Goods to the delivery point specified by the Local Government or the completion of Services by the Supplier to undertake such inspection, and upon such inspection by the Local Government, in its sole but reasonable discretion, it shall either accept the Goods or Services or reject them.
3.3 The Local Government has the right to reject any Goods that are delivered in excess of or below the quantity ordered or are damaged or defective. In addition, the Local Government has the right to reject any Goods or Services that are not in conformance with the specifications or any term of this Agreement.
3.4 The delivery of Goods or transfer of title of Goods from the Supplier to the Local Government does not constitute acceptance of those Goods by the Local Government.
3.5 The Local Government shall provide the Supplier, no later than the end of the Inspection Period, a written notice of any Goods or Services that are rejected, together with the reasons for such rejection. If the Local Government does not provide the Supplier with any notice of rejection before the end of the Inspection Period, the Local Government shall be deemed to have accepted such Goods or Services.
3.6 The Local Government’s inspection (or non-inspection), testing (or non-testing), acceptance or use of the Goods or Services shall not limit or otherwise affect the Supplier’s warranty obligations with respect to the Goods or Services.
3.7 If the Local Government rejects any Goods or Services, the Supplier shall arrange to have rejected Goods returned to the Supplier at the Supplier’s expense, and the Supplier shall at the Local Government’s option:
(a) provide a full credit or refund of all amounts paid by the Local Government to the Supplier for the rejected Goods or Services; or
(b) provide replacement Goods or Services to be received within the time period specified by the Local Government.
3.8 The Supplier shall not deliver Goods that were previously rejected by the Local Government unless delivery of such Goods is approved in advance in writing by the Local Government, and is accompanied by a written disclosure of the Local Government’s prior rejection(s).
Appears in 2 contracts
Inspection and Acceptance. 3.1 All shipments 9.1 Unless otherwise agreed in writing, the Supplier shall carry out such tests and inspection as it usually carries out on the Services. Any additional tests or inspection required by the Customer shall be to the Customer’s account.
9.2 The Services where they comprise goods, materials or equipment shall be manufactured and released in accordance with the relevant requirements of Goods such public or responsible body or bodies in the United Kingdom to whose jurisdiction, control or regulation the Services may from time to time be subject and all in addition such Services performed and supplied as are manufactured by the Supplier are subject to the Local Government’s right of inspection shall be inspected and testing.
3.2 The Local Government has ninety (90) business days (the “Inspection Period”) following the delivery of the Goods to the delivery point specified by the Local Government or the completion of Services released by the Supplier to undertake under its own system of inspection as approved by any such inspection, body and upon such inspection and release shall, subject to Conditions 9.3 below, constitute acceptance by the Local GovernmentCustomer of all the Services
9.3 The Customer shall inspect the Services and (i) where the Services comprise goods, materials or equipment immediately on receipt thereof and shall within five (5) working days give written notice to the Supplier in its sole but reasonable discretion, it shall either accept detail of any ground on which the Goods or Customer alleges that the Services or reject them.
3.3 The Local Government has the right to reject any Goods that are delivered in excess of or below the quantity ordered or are damaged or defective. In addition, the Local Government has the right to reject any Goods or Services that are not in conformance accordance with the specifications Order are defective in material or any term of this Agreement.
3.4 The delivery of Goods workmanship or transfer of title of Goods from (ii) where the Services comprise consultancy services upon receipt thereof and shall within ten (10) working days or such other period agreed and stated in the Order give written notice to the Supplier in detail of any ground on which the Customer alleges that the Services are not in accordance with the Order or contain errors, and in either case Customer shall return to the Local Government does not constitute acceptance of those Goods by the Local Government.
3.5 The Local Government shall provide the Supplier, no later than carriage pre-paid, the end of the Inspection Period, a written notice of any Goods or Services that are rejected, together with the reasons for such rejectionconcerned. If the Local Government does not provide Customer fails to give such notice the Supplier Services shall be conclusively presumed to be in all respects in accordance with the Contract and free from any notice of rejection before the end defect which would be apparent on reasonable examination of the Inspection Period, Services and the Local Government Customer shall be deemed to have accepted such Goods or Services.
3.6 The Local Government’s inspection (or non-inspection), testing (or non-testing), acceptance or use of the Goods or Services shall not limit or otherwise affect accordingly. In the event that the Customer establishes to the Supplier’s warranty obligations reasonable satisfaction that the Services do not conform with the Order or are so defective, the Customer’s sole remedy in respect of such non-conformance or defects shall be limited as the Supplier may elect to the Goods replacement, repair or Services.
3.7 If correction of the Local Government rejects any Goods or Services, the Supplier shall arrange to have rejected Goods returned to the Supplier at the Supplier’s expense, and the Supplier shall at the Local Government’s option:
(a) provide a full credit Services or refund of all amounts paid by the Local Government to Price against return of the Supplier for Services. The Customer may not accept some only of the rejected Goods or Services; or
(b) provide replacement Goods or Services to be received within the time period specified by the Local Government.
3.8 The Supplier shall not deliver Goods that were previously rejected by the Local Government and reject others unless delivery of such Goods is approved in advance agreed in writing by the Local Government, and is accompanied by a written disclosure of the Local Government’s prior rejection(s).Supplier. Change Consultancy Squared
Appears in 1 contract
Sources: Service Order Agreement
Inspection and Acceptance. 3.1 All shipments of Goods and all Services performed and supplied by the Supplier are subject to the Local Government’s right of inspection and testing.
3.2 10.1 The Local Government has ninety (90) business days (the “Inspection Period”) following the delivery of the Goods to the delivery point specified by the Local Government or the completion of Services by the Supplier to undertake such inspection, and upon such inspection by the Local Government, in its sole but reasonable discretion, it shall either accept the Goods or Services or reject them.
3.3 The Local Government has the right to reject any Goods that are delivered in excess of or below the quantity ordered or are damaged or defective. In addition, the Local Government has the right to reject any Goods or Services that are Purchaser will not in conformance with the specifications or any term of this Agreement.
3.4 The delivery of Goods or transfer of title of Goods from the Supplier to the Local Government does not constitute acceptance of those Goods by the Local Government.
3.5 The Local Government shall provide the Supplier, no later than the end of the Inspection Period, a written notice of any Goods or Services that are rejected, together with the reasons for such rejection. If the Local Government does not provide the Supplier with any notice of rejection before the end of the Inspection Period, the Local Government shall be deemed to have accepted such any Goods or Services(regardless of signing of delivery receipts) until the Purchaser has had a reasonable time to inspect the Goods after delivery and has issued a notice of acceptance under clause 10.4.
3.6 The Local Government’s 10.2 If upon inspection (or non-inspection), testing (or non-testing), acceptance or use of the Goods or Services shall not limit or otherwise affect the Supplier’s warranty obligations with respect to the Goods or Services.
3.7 If the Local Government rejects Purchaser finds any Goods or Servicesto be Defective Goods, the Supplier shall arrange to have rejected Goods returned to the Supplier at the Supplier’s expense, and the Supplier shall at the Local Government’s optionPurchaser may:
(a) provide a full credit or refund of all amounts paid reject the Defective Goods by the Local Government returning them to the Supplier for the rejected Goods or ServicesSupplier; or
(b) provide make good the Defective Goods,
10.3 At the Purchaser’s option and request, the Supplier agrees to:
(a) refund to the Purchaser any payments made by the Purchaser (including any freight charges) in respect of any Defective Goods that the Purchaser rejects;
(b) promptly make good at the Supplier’s sole expense any Defective Goods that the Purchaser rejects under clause 10.2(a); or
(c) reimburse the Purchaser for any reasonable and direct expenses the Purchaser incurs in making good any Defective Goods under clause 10.2(b).
10.4 If the Goods comply with this Contract, the Purchaser will issue the Supplier a notice of acceptance.
10.5 The inspection, testing or acceptance of some or all of the Goods by the Purchaser does not in any way:
(a) change or affect the Supplier’s obligations under this Contract; or
(b) affect the Purchaser’s rights to claim for any damage or loss it may suffer because of the Supplier’s breach of warranty or failure to fulfil any of the Supplier’s other obligations under this Contract.
10.6 If the Purchaser decides to accept any Goods from the Supplier which do not comply with this Contract, this decision does not bind the Purchaser to accept future shipments of Goods which do not comply with this Contract.
10.7 If the Purchaser rejects and returns Defective Goods, the Supplier shall be required to supply replacement Goods or Services to be received of the same Specifications and quantity as the returned Defective Goods within one month of receipt of the time period specified notice of rejection of the Defective Goods issued by the Local GovernmentPurchaser.
3.8 The Supplier 10.8 Aforesaid inspection and acceptance procedure should be completed 30 days after the Delivery Date (s), failing which the Goods delivered shall not deliver Goods that were previously rejected be deemed as inspected and accepted by the Local Government Purchaser unless delivery of its failure to inspect such Goods is approved in advance in writing by solely attributable to the Local Government, and is accompanied by a written disclosure of the Local Government’s prior rejection(s)Supplier.
Appears in 1 contract
Inspection and Acceptance. 3.1 All shipments of 12.1 The Government ▇▇▇▇▇▇▇ all times retain the right to inspect the Goods and all Services performed and supplied provided by the Supplier are subject and shall have the right to the Local Government’s right of inspection and testing.
3.2 The Local Government has ninety (90) business days (the “Inspection Period”) following the delivery of the Goods to the delivery point specified by the Local Government review, require correction or the completion of Services by the Supplier to undertake such inspectionadditional follow up, if necessary, and upon such inspection by the Local Government, in its sole but reasonable discretion, it shall either accept the Goods or Services or reject themServices.
3.3 12.2 The Local Government has will notify the Supplier of its contact who shall be responsible for reviewing, inspecting and approving Delivery of the Goods and Services.
12.3 The Government shallhave the right to reject any Goods that are delivered in excess of or below the quantity ordered or are damaged or defective. In addition, the Local Government has the right to reject any Goods or Services that refuse acceptance of the Goods if:
(a) the Goods, or any portion thereof, are not in conformance with this Agreement;
(b) the Goods, or any portion thereof, are not in conformance with the specifications Specifications provided to the Supplier at the time the order for the Goods was placed; or
(c) the Goods, or any term of this Agreement.portion thereof, are not in conformance with the Documents; or
3.4 The delivery of Goods or transfer of title of Goods from (d) the Supplier fails to deliver the Local Goods within the time specified by Government does not constitute acceptance following receipt of those Goods the Order or such other time as specified by the Local Government.
3.5 The Local Government shall provide the Supplier, no later than the end 12.4 Upon such rejection of the Inspection Period, a written notice of any Goods or Services that are rejected, together with the reasons for such rejection. If the Local Government does not provide the Supplier with any notice of rejection before the end of the Inspection Period, the Local Government shall be deemed to have accepted such Goods or Services.
3.6 The Local Government’s inspection (or non-inspection), testing (or non-testing), acceptance or use of the Goods or Services shall not limit or otherwise affect the Supplier’s warranty obligations with respect to the Goods or Services.
3.7 If the Local Government rejects any Goods or ServicesGoods, the Supplier shall arrange to have rejected for return of the Goods returned to the Supplier Supplier, at the Supplier’s expense's risk and Expense, and the Supplier shall at promptly reimburse the Local Government’s option:
(a) provide a full credit or refund Government for any payments made in connection with the delivery and ret urn of all amounts paid by the Local Government to the Supplier for the rejected Goods or Services; any part of the Goods.
12.5 Following rejection of any Goods in accordance with this Section, the Government shall have the right to require the Supplier to make another delivery of Goods which conform to this Agreement, Documents and/or the Specifications provided or, to purchase the Goods and Services or substitutes thereof from alternative sources. The Supplier shall reimburse the Government, upon demand, all additional Expense incurred by the Government, if any, in obtaining the Goods and Services or substitutes thereof.
(b) provide replacement 12.6 The Government may confirm, in writing, acceptance of the Goods at the time of Delivery or at any time thereafter.
12.7 Written acceptance of the Goods by the Government shall release the Supplier from any obligationto remedy any nonconformity of the accepted Goods or Services reimburse the Government for any additional costs incurredin obtaining other Goods or substitutes thereof but does not relieve Supplier from any warranty, guarantees or service obligations. The Government shall have the right to be received within inspect the Goods prior to, or at the time period specified of Delivery or within thirty (30) days following Delivery for compliance with this Agreement and other Specifications required by the Local Government.
3.8 The 12.8 Supplier’s failure to proceed with reasonable promptness to make necessary corrections shallbe a Default. If Supplier shall not deliver fails to provide corrected Goods that were previously rejected or Supplier fails to correct performance of Service within a timeframe as set by the Local Government unless delivery of such Goods is approved in advance in writing by the Local Government, the Government may terminate this Agreement, reduce the Fee and/or reject the hours submitted in connection with such work to reflect the reduced value of Goods and is accompanied by a written disclosure of the Local Government’s prior rejection(s)Services received.
Appears in 1 contract
Inspection and Acceptance. 3.1 All shipments of Goods and all Services performed and supplied by the Supplier goods or services purchased hereunder are subject to the Local Government’s right of inspection and testing.
3.2 The Local Government has ninety (90) business days (the “Inspection Period”) following the delivery at Novavax' destination either before or after payment or before or after acceptance, at Novavax’ option. Novavax shall be under no duty to inspect goods prior to any processing or altering thereof. Novavax’ examination, processing, altering or otherwise dealing in goods shall not be deemed an acceptance of the Goods to the delivery point specified by the Local Government goods which would in any matter limit or the completion modify any rights of Services by the Supplier to undertake such inspection, and upon such inspection by the Local Government, in its sole but reasonable discretion, it shall either accept the Goods or Services or reject them.
3.3 The Local Government has Novavax hereunder. Novavax reserves the right to reject goods or services which do not comply with the Purchase Order including excess quantity, or non-compliance with Seller's warranties (express or implied). Rejected goods will be returned to Seller for full credit or replacement at Novavax’ option and at Seller's risk and expense, including transportation and freight insurance charges both ways. No replacement of rejected goods or re-performance of rejected services shall be made unless agreed to by Novavax in writing. Acceptance of any Goods that are delivered in excess part of the goods or below the quantity ordered services shall not bind Novavax to accept future shipment of goods or are damaged or defective. In additionperformance of services, the Local Government has nor deprive it of the right to reject any Goods return goods or Services that are services already received but not in conformance with the specifications accepted. Acceptance of all or any term part of the goods or services shall not waive Novavax’ right to cancel or return all or any portion of the goods or services because of failure to conform to this Agreement.
3.4 The delivery Purchase Order, or by reason of Goods defects, latent or transfer patent, or other breach of title of Goods from the Supplier warranty, or to the Local Government does not constitute acceptance of those Goods make any claim for damages, including manufacturing costs, damage to materials or articles caused by the Local Government.
3.5 The Local Government improper boxing, crating or packing, and other incidental or consequential damages suffered by Novavax. Novavax shall provide the SupplierSeller with notification of any complaint, no later than the end of the Inspection Periodclaim, a written notice of any Goods defect, or Services that are rejected, together with the reasons for notice of breach within thirty (30) days of Novavax’ awareness of such rejectiondefect or breach. If the Local Government does not provide goods purchased under the Supplier with any notice Purchase Order are industry standard or “off the shelf” goods or services, Novavax reserves the right to return them to Seller for full refund within thirty (30) days of rejection before the end date of the Inspection Period, the Local Government receipt of delivery. Such rights shall be deemed cumulative and in addition to have accepted such Goods any other remedies provided by law or Servicesin equity.
3.6 The Local Government’s inspection (or non-inspection), testing (or non-testing), acceptance or use of the Goods or Services shall not limit or otherwise affect the Supplier’s warranty obligations with respect to the Goods or Services.
3.7 If the Local Government rejects any Goods or Services, the Supplier shall arrange to have rejected Goods returned to the Supplier at the Supplier’s expense, and the Supplier shall at the Local Government’s option:
(a) provide a full credit or refund of all amounts paid by the Local Government to the Supplier for the rejected Goods or Services; or
(b) provide replacement Goods or Services to be received within the time period specified by the Local Government.
3.8 The Supplier shall not deliver Goods that were previously rejected by the Local Government unless delivery of such Goods is approved in advance in writing by the Local Government, and is accompanied by a written disclosure of the Local Government’s prior rejection(s).
Appears in 1 contract
Sources: Purchase Order Agreement
Inspection and Acceptance. 3.1 All shipments of 7.1 The Government shall at all times retain the right to inspect the Goods and all Services performed and supplied provided by the Supplier are subject and shall have the right to the Local Government’s right of inspection and testing.
3.2 The Local Government has ninety (90) business days (the “Inspection Period”) following the delivery of the Goods to the delivery point specified by the Local Government review, require correction or the completion of Services by the Supplier to undertake such inspectionadditional follow up, if necessary, and upon such inspection by the Local Government, in its sole but reasonable discretion, it shall either accept the Goods or Services or reject themService.
3.3 7.2 The Local Government has will notify the Supplier of its contact who shall be responsible for reviewing, inspecting and approving Delivery of the Goods and Service.
7.3 The Government shall have the right to reject any Goods that are delivered in excess of or below the quantity ordered or are damaged or defective. In addition, the Local Government has the right to reject any Goods or Services that refuse acceptance of the Goods if:
(a) the Goods, or any portion thereof, are not in conformance with this Agreement;
(b) the Goods, or any portion thereof, are not in conformance with the specifications Specifications provided to the Supplier at the time the order for the Goods was placed; or MSA Software Development-Mtce-Hosting: 2025 Page 42 of 42 JUDICIAL CASE MANAGEMENT SYSTEM - JUD2025/01
(c) the Goods, or any term of this Agreement.portion thereof, are not in conformance with the Documents; or
3.4 The delivery of Goods or transfer of title of Goods from (d) the Supplier fails to deliver the Local Goods within the time specified by Government does not constitute acceptance following receipt of those Goods the Order or such other time as specified by the Local Government.
3.5 The Local Government shall provide the Supplier, no later than the end 7.4 Upon such rejection of the Inspection Period, a written notice of any Goods or Services that are rejected, together with the reasons for such rejection. If the Local Government does not provide the Supplier with any notice of rejection before the end of the Inspection Period, the Local Government shall be deemed to have accepted such Goods or Services.
3.6 The Local Government’s inspection (or non-inspection), testing (or non-testing), acceptance or use of the Goods or Services shall not limit or otherwise affect the Supplier’s warranty obligations with respect to the Goods or Services.
3.7 If the Local Government rejects any Goods or ServicesGoods, the Supplier shall arrange to have rejected for return of the Goods returned to the Supplier Supplier, at the Supplier’s expense's risk and Expense, and the Supplier shall at promptly reimburse the Local Government’s option:
(a) provide a full credit or refund Government for any payments made in connection with the delivery and return of all amounts paid by the Local Government to the Supplier for the rejected Goods or Services; any part of the Goods.
7.5 Following rejection of any Goods in accordance with this Section, the Government shall have the right to require the Supplier to make another delivery of Goods which conform to this Agreement, Documents and/or the Specifications provided or, to purchase the Goods and Service or substitutes thereof from alternative sources. The Supplier shall reimburse the Government, upon demand, all additional Expense incurred by the Government, if any, in obtaining the Goods and Service or substitutes thereof.
(b) provide replacement 7.6 The Government may confirm, in writing, acceptance of the Goods at the time of Delivery or at any time thereafter.
7.7 Written acceptance of the Goods by the Government shall release the Supplier from any obligation to remedy any nonconformity of the accepted Goods or Services reimburse the Government for any additional costs incurred in obtaining other Goods or substitutes thereof but does not relieve Supplier from any warranty, guarantees or service obligations. The Government shall have the right to be received within inspect the Goods prior to, or at the time period specified of Delivery or within thirty (30) days following Delivery for compliance with this Agreement and other Specifications required by the Local Government.
3.8 The 7.8 Supplier’s failure to proceed with reasonable promptness to make necessary corrections shall be a Default. If Supplier shall not deliver fails to provide corrected Goods that were previously rejected or Supplier fails to correct performance of Service within a timeframe as set by the Local Government unless delivery of such Goods is approved in advance in writing by the Local Government, the Government may terminate this Agreement, reduce the Fee and/or reject the hours submitted in connection with such work to reflect the reduced value of Goods and is accompanied by a written disclosure of the Local Government’s prior rejection(s)Service received.
Appears in 1 contract
Sources: Master Service Software Development, Maintenance and Hosting Agreement