Common use of Payment Does Not Constitute Acceptance Clause in Contracts

Payment Does Not Constitute Acceptance. Payment does not constitute acceptance, but all materials, merchandise or services are subject to Purchaser’s/Contractor’s inspection and rejection: defective material or merchandise or service not per the specifications will be held for Seller’s/Subcontractor’s instruction and at Seller’s/Subcontractor’s risk. No goods returned as defective shall be replaced without an order. No statement, condition or agreement, and no representation or guarantee has been made by any agent, officer or employee of Purchaser/Contractor in any way affecting the terms hereof. No alteration or modification of this order is varied unless in writing, signed by an authorized executive of Purchaser. Sellers/Subcontractor agrees that it will not assign Seller’s/Subcontractor’s Work or any aspect of this Agreement, or any of the monies due it, or become due hereunder, nor sublet any portion of the work without first obtaining written consent of the Purchaser/Contractor. Should Purchaser/Contractor consent to Seller/Subcontractor request to issue a Tiered‐Subcontract or assign a portion of this scope of work, Seller/Subcontractor agrees to bind all Tiered‐Subcontractors to the scope, terms, conditions and obligations of this purchase order/subcontract and all referenced documents herein. All work performed or all material furnished by Seller/Subcontractor and/or Tiered‐Subcontractors shall be in strict accordance with all applicable plans, general conditions, specifications, and addenda as incorporated herein and Tiered‐Subcontractor(s) are bound by all provisions of these documents, and all other documents to which the Purchaser/Contractor as named herein is bound, and to the same extent. This Agreement’s references to Seller/Subcontractor shall also refer to any Tiered‐Subcontractor, such that any and all requirements and obligations of Seller/Subcontractor are the same for Tiered‐Subcontractors. Compliance With All Rules and Regulations of the Governing Authorities and Agencies: Seller/Subcontractor further agrees to comply with all existing safety and health requirements of local, state and federal regulatory agencies and to provide the required S.D.S. sheets to comply with O.S.H.A. Hazard Communication requirements. Seller/Subcontractor shall pay all contributions, taxes or premiums which may be payable under Federal or State Unemployment Insurance law or the Federal Social Security Act and all Sales, Use or other Taxes arising out of the performance of this purchase order/contract. Seller/Subcontractor agrees to indemnify, defend and hold Purchaser/Contractor harmless, including reasonable attorney fees and Purchaser’s/Contractor’s other out of pocket costs, from any cost to Purchaser/Contractor arising out of the aforesaid taxes or any other taxes that are Seller/Subcontractor’s responsibility.

Payment Does Not Constitute Acceptance. Payment does not constitute acceptance, but all materials, merchandise or services are subject to Purchaser’s/Contractor’s inspection and rejection: defective material or merchandise or service not per the specifications will be held for Seller’s/Subcontractor’s instruction and at Seller’s/Subcontractor’s risk. No goods returned as defective shall be replaced without an order. No statement, condition or agreement, and no representation or guarantee has been made by any agent, officer or employee of Purchaser/Contractor in any way affecting the terms hereof. No alteration or modification of this order is varied unless in writing, signed by an authorized executive of Purchaser. Sellers/Subcontractor agrees that it will not assign Seller’s/Subcontractor’s Work or any aspect of this Agreement, or any of the monies due it, or become due hereunder, nor sublet any portion of the work without first obtaining written consent of the Purchaser/Contractor. Should Purchaser/Contractor consent to Seller/Subcontractor request to issue a Tiered‐Subcontract or assign a portion of this scope of work, Seller/Subcontractor agrees to bind all Tiered‐Subcontractors to the scope, terms, conditions and obligations of this purchase order/subcontract and all referenced documents herein. All work performed or all material furnished by Seller/Subcontractor and/or Tiered‐Subcontractors Tiered‐ Subcontractors shall be in strict accordance with all applicable plans, general conditions, specifications, and addenda as incorporated herein and Tiered‐Subcontractor(s) are bound by all provisions of these documents, and all other documents to which the Purchaser/Contractor as named herein is bound, and to the same extent. This Agreement’s references to Seller/Subcontractor shall also refer to any Tiered‐Subcontractor, such that any and all requirements and obligations of Seller/Subcontractor are the same for Tiered‐Subcontractors. Compliance With All Rules and Regulations of the Governing Authorities and Agencies: Seller/Subcontractor further agrees to comply with all existing safety and health requirements of local, state and federal regulatory agencies and to provide the required S.D.S. M.S.D. sheets to comply with O.S.H.A. Hazard Communication requirements. Seller/Subcontractor shall pay all contributions, taxes or premiums which may be payable under Federal or State Unemployment Insurance law or the Federal Social Security Act and all Sales, Use or other Taxes arising out of the performance of this purchase order/contract. Seller/Subcontractor agrees to indemnify, defend and hold Purchaser/Contractor harmless, including reasonable attorney fees and Purchaser’s/Contractor’s other out of pocket costs, from any cost to Purchaser/Contractor arising out of the aforesaid taxes or any other taxes that are Seller/Subcontractor’s responsibility.