INSPECTION AND REJECTION Clause Samples

INSPECTION AND REJECTION. Purchaser shall have the right to inspect and test Products at any time prior to shipment, and within a reasonable time after delivery to the Purchaser’s Destination. Products not inspected within a reasonable time after delivery shall be deemed accepted by Purchaser. The payment for Products shall in no way impair the right of Purchaser to reject nonconforming Products, or to avail itself of any other remedies to which it may be entitled.

INSPECTION AND REJECTION a. No item(s) or services received by the University shall be deemed accepted until the University has had a reasonable opportunity to make an inspection. Any item(s) that is discovered to be defective or fails to conform to the specifications may be rejected upon initial inspection or at any later time if the defects contained in the item(s) or the noncompliance with the specifications were not reasonably ascertainable upon the initial inspection. The decision of the Contracting Officer shall be final. It shall thereupon become the duty of the Contractor to remove rejected item(s) from the premises without expense to the University within fifteen (15) days after notification. Rejected item(s) left longer than fifteen (15) days will be regarded as abandoned, and the University shall have the right to dispose of them as its own property and shall retain that portion of the proceeds of any sale that represents the University’s costs and expenses in regard to the storage and sale of the item(s). Upon notice of rejection, the Contractor shall immediately render service(s) or replace all such rejected item(s) with others conforming to the specifications and that are not defective. If the Contractor fails, neglects or refuses to do so, the University shall then have the right to procure a corresponding quantity of such item(s) or services, and deduct from any monies due or that may thereafter become due to the Contractor, the difference between the price stated in this Contract and the cost thereof to the University. b. The University shall have the right to not regard any rejected material as abandoned and to demand that the Contractor remove the rejected material from the premises within thirty (30) days of notification. The Contractor shall be responsible for removal of the rejected material as well as proper clean up. If the Contractor fails or refuses to remove the rejected material as demanded by the University, the University may seek payment from, or set-off from any payments due to the Contractor under this or any other Contract with the Commonwealth of Pennsylvania, the costs of removal and clean-up. This is in addition to all other rights to recover costs incurred by the University.

INSPECTION AND REJECTION. Buyer reserves the right to inspect, test and, if found to be nonconforming, reject all or some lesser portion of any items identified to this Purchase Order by Seller before, during and after manufacture or delivery. If any inspection or test is to be made on Seller's premises, Buyer shall provide Seller advance notice of such inspection or test and Seller shall provide reasonable facilities and assistance for the safety and convenience of Buyer's inspectors in such manner as not to unreasonably hinder or delay Seller's performance. All items delivered hereunder are delivered subject to Buyer's inspection, testing, approval and acceptance at the specified delivery location notwithstanding any prior inspection or testing at Seller's premises or any prior payment by Buyer for such items. In addition to ▇▇▇▇▇'s other rights and remedies available at law or equity, ▇▇▇▇▇ may return to Seller any items rejected hereunder at Seller's sole expense and may charge Seller all expenses of unpacking, examining, repacking and reshipping such items. Nothing contained in this Purchase Order shall relieve in any way the Seller from the obligation of testing, inspection and quality control.

INSPECTION AND REJECTION. The Purchasing Entity’s inspection of all materials, supplies and equipment upon delivery is for the purpose of forming a judgment as to whether such delivered items are what was ordered, were properly delivered and ready for Acceptance. Such inspection shall not be construed as final acceptance, or as acceptance of the materials, supplies or equipment, if the materials, supplies or equipment do not conform to contractual requirements. If there are any apparent defects in the materials, supplies, or equipment at the time of delivery, the Purchasing Entity will promptly notify the Contractor. Without limiting any other rights, including those set forth in Section 16 of Appendix B: NASPO ValuePoint Master Agreement Terms and Conditions, the Purchasing Entity may require the Contractor to: (1) repair or replace, at Contractor's expense, any or all of the damaged goods; (2) refund the price of any or all of the damaged goods; or (3) accept the return of any or all of the damaged goods.

INSPECTION AND REJECTION. (a) Purchaser’s acknowledgement of receipt of the Products will not constitute acceptance of such Products or acknowledgement of the quantity of Product shipped. Final inspection shall be on Purchaser’s premises unless otherwise agreed in writing. Notwithstanding any prior inspection or payments hereunder, all Products shall be subject to final inspection, which may include measurement, testing or examination, and acceptance to Purchaser facility within a reasonable time which, for purposes of this Contract shall be at least 90 days following the delivery of the Product at the site. For Products whose defect or nonconformity is not apparent on examination, Purchaser reserves the right to require replacement, as well as payment of damages. Purchaser reserves the right, at its option, to reject any part or all of the Products ordered herein not conforming to this Contract. If the Products are rejected as not conforming to this Contract, Purchaser shall be held harmless for such rejection. Purchaser has the right, at its option, to require Supplier to (a) repair or replace, at Supplier’s expense, including the cost of transportation for reshipment, any and all rejected Products; (b) refund the price of any or all rejected Products; (c) a combination of the foregoing (a) and (b); or (d) itself replace, repair or correct any rejected Product at Supplier’s full expense, including the cost of transportation. In addition, Purchaser has the right to impose a reasonable service charge for handling, storing and returning any Product rejected under this Contract. (b) If at any time after acceptance of this Contract or delivery and/or acceptance of Products by Purchaser, all or any part of the Products become subject to a voluntary or involuntary recall by any government agency or corrective action by Supplier, Supplier shall assume responsibility and costs for implementing and complying with such recall according to applicable Laws, including costs arising from the return and/or replacement of such Products, to the extent that the Products do not conform to Purchaser specifications or contain latent defects that resulted in the recall. Supplier shall be responsible for all communications necessary to such recall. Any communications to Purchaser’s customers regarding the recall or corrective action shall have the prior written approval of Purchaser. Supplier shall credit or reimburse Purchaser for the costs of recalled Products and any costs or losses incurred by Purch...

INSPECTION AND REJECTION. All goods are subject to final inspection and acceptance by Buyer at destination notwithstanding any payment. Such inspection will be made within a reasonable time after receipt of goods. Buyer shall notify Seller if any goods delivered hereunder are rejected, and at ▇▇▇▇▇'s election and ▇▇▇▇▇▇'s risk and expense, such goods shall be held by Buyer or returned to Seller. No replacement or correction of nonconforming goods shall be made by Seller unless agreed to in writing by ▇▇▇▇▇.

INSPECTION AND REJECTION. 4.1 The Purchaser may, by written notice to the Contractor at any time within 30 days of delivery, reject all or any of the Goods which fail to meet the requirements of the Contract, or Goods in a consignment which is deficient in weight, quantity or measure. 4.2 If the Purchaser rejects any of the Goods pursuant to Clause 4.1, the Purchaser shall be entitled, at its option: 4.2.1 to have the rejected Goods repaired by the Contractor at the Contractor’s expense, without delay and in any event within 7 days of the rejection notice, so as to meet in all respects the requirements of the Contract; or 4.2.2 to have the rejected Goods replaced by the Contractor at the Contractor’s expense, without delay and in any event within 7 days of the rejection notice, with Goods which comply in all respects with the requirements of the Contract; or 4.2.3 to obtain from the Contractor, without delay, a full refund in respect of the Goods concerned. 4.3 The rights of the Purchaser in Clause 4.2 shall apply: 4.3.1 without prejudice to its other rights and remedies; and 4.3.2 to Goods as originally delivered, and to Goods repaired or replaced pursuant to that Clause. 4.4 Unless the Purchaser elects for rejected Goods to be repaired, and agrees to that repair taking place at the Premises, any rejected Goods shall be removed by (and at the expense of) the Contractor within 7 days of the rejection notice. If the Contractor fails to remove rejected Goods within such period, the Purchaser may return the rejected Goods or any of them at the Contractor’s risk, and the Contractor will indemnify the Purchaser in respect of the cost of carriage and any other costs incurred in relation to such return. 4.5 The Purchaser’s rights and remedies as regards Goods which fail to meet the requirements of the Contract or Goods in a consignment which is deficient in weight, quantity or measure shall be unaffected if the loss or damage occurred in the transit of the Goods.

INSPECTION AND REJECTION. Buyer’s inspection of all materials and equipment upon delivery is for the sole purpose of identification. Such inspection shall not be construed as final acceptance, nor as acceptance of the materials or equipment, if materials or equipment do not strictly conform to contractual requirements. If there are any apparent defects in the materials or equipment at the time of delivery, Buyer will promptly notify Seller thereof. Without limiting any other rights to which it may be entitled, Buyer, at its option, may require Seller to: a. Repair or replace, at Seller’s expense, any or all of the damaged goods; b. Refund the price of any or all of the damaged goods; or c. Accept the return of any or all of the damaged goods.

INSPECTION AND REJECTION. All services performed under this Contract shall be subject, before payment, to inspection by PRASA delegated Contract’s Manager who may withhold payment when in his/her opinion any services have not been performed in accordance with the requirement of the Contract.