BUSINESS ACCEPTANCE (SUPPLY AGREEMENT GOODS) (PARTY-1 BUYS)This business acceptance clause (free to save and download) covers goods provided under a supply agreement and explains acceptance, testing, and returns for business acceptance. |
ACCEPTANCE.
(a) Acceptance and Testing. If Party-1 claims that any Deliverables did not, at the time of delivery, comply with this Agreement, then Party-1 agrees to notify Party-2. If the parties are unable to agree as to whether these Deliverables comply with this Agreement, the parties agree to have the Deliverables in dispute analyzed by an independent testing laboratory of recognized repute mutually agreed to by the parties in writing. The results of this laboratory testing are final and binding on the parties as to whether the Deliverables comply with this Agreement. If the Deliverables are determined to so comply, then Party-1 must bear the cost of the independent laboratory testing and purchase the Deliverables. If the Deliverables are determined to not so comply, then Party-2 must bear the cost of laboratory testing, and Party-2 must, at Party-1's election, either replace the rejected Deliverables within thirty (30) days of the date of such determination, at no cost to Party-1, or refund to Party-1 the price paid for the rejected Deliverables, plus any applicable delivery charge.
(b) Returns. Any Deliverables which do not comply with this Agreement and which are in Party-1's possession must, at Party-2's option and expense, either be: (i) returned to Party-2; or (ii) destroyed pursuant to Party-2's instructions and with Party-1's approval.
(a) Acceptance and Testing. If Party-1 claims that any Deliverables did not, at the time of delivery, comply with this Agreement, then Party-1 agrees to notify Party-2. If the parties are unable to agree as to whether these Deliverables comply with this Agreement, the parties agree to have the Deliverables in dispute analyzed by an independent testing laboratory of recognized repute mutually agreed to by the parties in writing. The results of this laboratory testing are final and binding on the parties as to whether the Deliverables comply with this Agreement. If the Deliverables are determined to so comply, then Party-1 must bear the cost of the independent laboratory testing and purchase the Deliverables. If the Deliverables are determined to not so comply, then Party-2 must bear the cost of laboratory testing, and Party-2 must, at Party-1's election, either replace the rejected Deliverables within thirty (30) days of the date of such determination, at no cost to Party-1, or refund to Party-1 the price paid for the rejected Deliverables, plus any applicable delivery charge.
(b) Returns. Any Deliverables which do not comply with this Agreement and which are in Party-1's possession must, at Party-2's option and expense, either be: (i) returned to Party-2; or (ii) destroyed pursuant to Party-2's instructions and with Party-1's approval.