The Buyer’s inspection, or failure to inspect, in no way relieves the Seller of any liabilities or responsibilities for any defects (latent or otherwise) or non-compliance of the items to requirements of the Contract. Notwithstanding any of the above, if during an inspection of a sample of a shipment of items received by the Buyer, non-complying items are found at a rate of five (5) percent or more in a single shipment of items received by the Buyer, the Buyer may, at its discretion: