Acceptance and Rejections. Seller shall provide and maintain an inspection procedure and quality assurance program for the Products and their production processes. All inspection records maintained by Seller shall be made available to NSA, at a reasonable time, upon request. NSA and any Master Distributor to whom Products are shipped by Seller shall have fifteen (15) calendar days from the date of delivery to inspect and test all Products and may refuse to accept Products which do not conform to the Standards. If NSA or such Master Distributor has not timely notified Seller of rejection, then the Products shall be deemed to have been accepted by NSA. The act of payment for Products shall not of itself signify acceptance. Notwithstanding the above, Seller shall, at NSA’s option, replace (FCA (Incoterms 2000) NSA’s point of destination) or issue a credit or refund to NSA for any Products discovered by NSA after the Products have been delivered to NSA or its customers that do not conform to the Standards, provided, however, that NSA furnishes to Seller written notice, in reasonable detail, of the nonconformity of the Products prior to the expiration date set forth on the Products, and provides Seller with a reasonable opportunity to inspect such goods and offers to return such goods to Seller at Seller’s cost. NSA or any Master Distributor to whom Products are shipped by Seller shall have the right to reject any Products delivered to NSA or such Master Distributor which are not accompanied by or preceded by a certificate of analysis, as described in Section 1(h). If the returned Products are not in breach of Seller’s warranties, NSA or a Master Distributor to whom Products have been shipped shall bear the cost of shipping the returned Products back to Seller’s point of shipment. These rights granted to NSA and any Master Distributor to whom Products are shipped are in addition to and shall not be construed as a limitation of Section 6 of this Agreement. NSA, its Master Distributors, distributors or any other representative or agent of NSA shall store all shipped Products in clean space suitable for storage of food and protection of EXECUTION COPY its contents with respect to integrity and quality, in compliance with good commercial practice, the Standards and all applicable laws, rules and regulations of the intended marketplace.
Acceptance and Rejections. (a) Each shipment of the Product to Schering shall be accompanied by a certificate of analysis. The certificate shall be issued in compliance with the specifications set forth in Appendix B, a copy of which is attached hereto and made a part hereof, which specifications shall be used for the acceptance or rejection of the Product by Schering.
(b) Schering shall inform Heska in writing of its rejection of any Product for visible defects within five (5) business days after receipt of the Product and shall specify the basis for the rejection. If the basis for the rejection is mutually agreed to by the Parties, Schering may return the Product at Heska’s expense for refund or credit, such choice of refund or credit to be at the choice of Heska. Failure by Schering to reject a shipment of the Product in accordance with this Section 2.5(b) shall be deemed to be an acceptance of the Product.
Acceptance and Rejections. The City reserves the right to reject any or all Bids with or without cause; to waive any or all irregularities with regard to the specifications and to make the award to the Respondent offering the greatest advantage to the City. Please be advised that this Solicitation is issued pursuant to Sections 7-192 and 7-193 of the City’s Code of Ordinances prohibiting certain types of communications, as further detailed in the General Conditions section of this Solicitation, while the Cone of Silence is in effect. CONE OF SILENCE Please be advised that this Solicitation is issued subject to Sections 7-192 and 7-193 of the City’s Code of Ordinances, otherwise referred to as the Cone of Silence Ordinance (attached hereto as Appendix “A”), prohibiting certain types of communications, as further detailed in the General Conditions section of this Solicitation, while the Cone of Silence is in effect. We look forward to your active participation in this Solicitation. Sincerely, Xxxxxxx Xxxxxxxx, Purchasing Director Attachment “A” Contractor Requirements Policy Guide All of our contract forms can be filled-in electronically and are accessible at the following link: xxxx://xxx.xxxxxxxxxxxx.xxx/departments/purchasing/forms.aspx A-3 Local Preference Affidavit (if applicable) A-3(a) Statement of intent (if applicable)
Acceptance and Rejections. (a) If Biex discovers a Product defect, Biex may reject the defective Product, or lot that contains the defective Product, and will promptly notify Supplier of the rejection and the reason therefor. With regard to latent defects which are not reasonably detectable at the time of acceptance, Biex may reject a Product, or lot containing the Product, with latent defects within 30 days from discovery of such defect. Supplier shall replace the rejected Products at no cost to Biex, or at Biex's option, provide Biex with a refund or credit of the purchase price. The parties acknowledge that reasons for rejection include the failure, error or negligence on the part of Supplier. Examples include, but are not limited to incorrect chemical used, improper pH adjustment, incorrect incubation, mixing or other timing step, failure to maintain environment, failure to maintain cGMP resulting in FDA action, and mislabeling, especially lot number and expiration date. Both parties recognize that some failures have no definable causes; in the absence of a definable cause, the failure will be at Biex's expense.
(b) Per Section 5a, only for Supplier responsible failures, will the cost of Biex-Supplied Components for replacement deliveries be charged to Supplier, including reasonable transport and insurance charges paid by Biex for the delivery of Biex-Supplied Components to Supplier.
Acceptance and Rejections. (a) If Buyer discovers a Product defect, Buyer may reject the defective Product, or lot that contains the defective Product, and will promptly notify Seller of the rejection and the reason therefor. With regard to latent critical defects which are not reasonably detectable at the time of acceptance, Buyer may reject a Product, or lot containing the Product, with latent defects within 30 days from discovery of such defect. Seller shall replace the rejected Products at no cost to Buyer, or at Buyer's or Seller's option, provide Buyer with a refund or credit of the purchase price.
(b) The cost of Buyer-Supplied Components for replacement deliveries will be charged to Seller, including reasonable transport and insurance charges paid by Buyer for the delivery of Buyer-Supplied Components to Seller.
Acceptance and Rejections
