Inspection; Rejection. Notwithstanding payment or prior inspection, all goods shall be subject to inspection and approval by Buyer within fifteen (15) days after delivery. Buyer is under no obligation to accept or pay for damaged or defective goods or goods or services that do not otherwise comply with the requirements of the applicable Order (“Nonconforming Deliverables”). Seller shall bear all risks with respect to the goods and services until the goods have been delivered, the services have been commenced, and each, as appropriate, has been accepted by Buyer. Buyer may, at its sole option, elect to (a) return, at Seller’s expense and risk for all damages incidental to the rejection, for full credit, all or any part of the Nonconforming Deliverables and such action shall not constitute or result in a waiver of any of Buyer’s rights or remedies against Seller as set forth in Paragraph 8 for breach of warranty, or (b) provide Seller with the opportunity to replace, repair, or correct defects of Nonconforming Deliverables, in which case, Seller shall do so promptly and without expense to Buyer.
Appears in 2 contracts
Sources: Master Purchase Agreement, Master Purchase Agreement