6. Acceptance

Acceptance of any of the Articles shall take place when:

  1. AGPLUS confirms acceptance of the same in accordance with the procedures specified in the Contract; or
  2. if no such procedures are specified, AGPLUS shall, without prejudice to any other rights and remedies of AGPLUS, be deemed to have accepted the same as soon as any of the following events occurs:
    1. AGPLUS takes the same into use;
    2. AGPLUS fails to exercise its right of rejection of the same under Condition 8 within any period specified for that purpose in the Contract; or
    3. where no period for exercising the said right of rejection is specified in the Contract, a reasonable time has elapsed since delivery of the same was made in accordance with Condition 3.

7. Acceptance Marks

If so required in the terms of the Contract, the Contractor shall, at the Contractor’s own expense:

  1. mark (or permit AGPLUS to mark) the Articles and/or any materials, components or parts thereof with acceptance marks specified by AGPLUS; or
  2. if it is not possible to apply such marks to the Articles and/or any materials, components or parts thereof, pack the same in suitable packages or cases and apply acceptance marks specified by AGPLUS to such packages or cases.

8. Rejection

  1. AGPLUS may reject any of the Articles that on inspection in accordance with Condition 2 is found not to conform to the requirements of the Contract.
  2. AGPLUS may reject the whole of any consignment of the Articles if inspection in accordance with Condition 2 shows that:
    1. such proportion of the Articles as the Contract may specify for the purposes of this Condition, or
    2. any sample taken indiscriminately from that consignment, does not conform to the requirements of the Contract.
  3. If, under Clause (1) or (2) of this Condition, AGPLUS rejects any of the Articles or any consignment of the Articles after the delivery thereof by the Contractor to AGPLUS, the Contractor shall, at the Contractor’s own expense, remove from AGPLUS each and every rejected one of the Articles or such rejected consignment of the Articles:
    1. within such period of time as may be specified in the Contract; or
    2. if no such period of time is specified in the Contract, within the period of eight (8) working days after the date on which AGPLUS has notified the Contractor of such rejection.
  4. In the event that:
    1. AGPLUS rejects under Clause (1) or (2) of this Condition any of the Articles or any consignment of the Articles after the delivery thereof by the Contractor to AGPLUS, and
    2. the Contractor fails to remove from AGPLUS each and every rejected one of the Articles or such rejected consignment of the Articles in accordance with Clause (3) of this Condition, AGPLUS may return to the Contractor, at the Contractor’s risk, each and every rejected one of the Articles or such rejected consignment of the Articles. The Contractor shall pay the cost of packing and transportation thereof from AGPLUS to the Contractor.
  5. If, under Clause (1) or (2) of this Condition, AGPLUS rejects any of the Articles or any consignment of the Articles, the Contractor shall, at the Contractor’s own expense, deliver to AGPLUS (as the case may be) one of the Articles or a consignment of the Articles that conforms with the requirements of the Contract as a replacement for each rejected one of the Articles or such rejected consignment of the Articles. The Contractor shall deliver each such replacement within the period of time specified in the contract for delivery of all of the Articles to AGPLUS or within such other period of time as may be agreed.
  6. If, under Clause (1) or (2) of this Condition, AGPLUS rejects any of the Articles or any consignment of the Articles, the Contractor shall, if AGPLUS so requires, mark each and every rejected one of the Articles or such rejected consignment of the Articles in a manner satisfactory to AGPLUS that identifies the same as having been rejected by AGPLUS