Payment Not Acceptance Clause Samples
The 'Payment Not Acceptance' clause clarifies that the act of receiving payment does not constitute acceptance of goods, services, or contractual performance. In practice, this means that even if a party pays an invoice or fee, they retain the right to later dispute the quality, completeness, or conformity of what was provided. This clause is important because it prevents payment from being interpreted as a waiver of rights or as final approval, thereby protecting parties from being forced to accept unsatisfactory performance simply because payment has been made.
POPULAR SAMPLE Copied 62 times
Payment Not Acceptance. Payment of any progress payment or final payment shall not constitute acceptance of Work that is defective or otherwise fails to conform to the Agreement, or a waiver of any rights or remedies the Department may have with respect to defective or nonconforming Work.
Payment Not Acceptance. Unless otherwise provided by the Owner/Contractor Contract, the fact that payment has been made with respect to all or any portion of the Work shall not constitute an acceptance of that Work if it is defective or otherwise not in conformity with the Subcontract, and shall not constitute a waiver of any of the Contractor's or the Owner's rights or remedies against the Subcontractor with respect to any defects or other failures to conform to the Subcontract, including applicable requirements of the Owner/Contractor Contract.
Payment Not Acceptance. Payment to the Subcontractor does not constitute or imply acceptance of any portion of the Subcontract Work.
Payment Not Acceptance. Owner’s progress payments, partial payments, final payment, and Owner’s use or occupancy of all or a part the Project, shall not constitute an acceptance of any Defective Work.
Payment Not Acceptance. No partial or final payment made by Buyer shall be construed as a waiver of any breach hereof by Seller or as an acceptance of defective portions of the performance by Seller hereunder or of any of the performance of Seller’s obligations hereunder that does not strictly comply with all requirements of the Agreement.
Payment Not Acceptance. Payment for Work completed through periodic progress payments or otherwise shall not operate to waive the County's right to require full compliance with the Contract and shall in no way be deemed as acceptance of the Work paid therefor. Contractor's obligation to complete the Work in accordance with the Contract shall be absolute, unless the County agrees otherwise in writing.
Payment Not Acceptance. Payment for Products shall not constitute acceptance, and all Products shall be subject to Buyer's inspection and rejection at Buyer's Plant. Neither payment nor acceptance shall constitute acknowledgment of the absence of breach of warranty or limit any of Buyer's rights hereunder. Buyer at its option may reject and, upon reasonable notice, return at Seller’s risk and expense, or retain and correct, Products that fail to conform to the requirements of this Purchase Order even if the nonconformity does not become apparent until the manufacturing, processing, or assembly stage. If Buyer elects to correct the Products, it will consult with Seller on the method of correction. Seller will reimburse Buyer for all reasonable expenses resulting from rejection or correction.
Payment Not Acceptance. 7.9.1 No payment to Design-Build Subcontractor under this Agreement shall be evidence of, or construed to be, acceptance of defective, faulty, improper or non-conforming work.
Payment Not Acceptance. Payment for Products shall not constitute acceptance, and all Products shall be subject to Buyer's inspection and rejection at Buyer's Plant. Neither payment nor acceptance shall constitute acknowledgment of the absence of breach of warranty or limit any of Buyer's rights hereunder.
Payment Not Acceptance. Payment for Products shall not constitute acceptance of Defective Products (defined below), nor will it limit or affect any rights or remedies of Buyer.