Conforming Shipment Sample Clauses
Conforming Shipment. In lieu of rejection, and at Buyer’s sole discretion, Buyer may, and Seller shall afford Buyer the opportunity to, accept any Non-Conforming Shipment subject to a price reduction agreed to by the Parties. Buyer shall have no right to reject or seek damages (except as otherwise set forth herein) with regard to any shipment that is consistent with the Specifications. If Buyer rejects the Non-Conforming Shipment, title, if already passed, shall immediately revert to Seller. Seller shall replace the rejected coal, at Buyers election, within a reasonable period of time not to exceed ninety (90) days.
Conforming Shipment. If Buyer timely rejects the Non-Conforming Shipment, title, if already passed, shall revert to Seller and Seller shall be responsible for promptly transporting the rejected Coal to an alternative destination determined by Seller and, if applicable, promptly unloading such Coal and shall reimburse Buyer for all reasonable costs and expenses associated with the transportation, storage, handling and removal of the Non-Conforming Shipment. Seller shall, at Buyer’s election, replace the rejected Coal within a reasonable period of time, provided that ▇▇▇▇▇ gives written notice to Seller of its desire for replacement Coal within forty-eight (48) hours after rejection of the Non-Conforming Shipment.
Conforming Shipment. If Buyer timely rejects the Non-Conforming Shipment, title, if already passed, shall revert to Seller. Seller shall then be responsible for promptly transporting the rejected Coal to an alternative destination determined by Seller and, if applicable, promptly unloading such Coal. Seller shall reimburse Buyer for all reasonable costs and expenses associated with the transportation, storage, handling and removal of the Non-Conforming Shipment. Seller shall, at Buyer’s election, provide a Shipment to make up for the Non-Conforming Shipment within a reasonable period of time and pursuant to Section 4.6.1 above, provided that ▇▇▇▇▇ gives written notice to Seller of its election within two (2) Business Days after ▇▇▇▇▇’s notice of rejection of the Non-Conforming Shipment.
Conforming Shipment. If BUYER timely rejects the Non-Conforming Shipment, SELLER shall be responsible for promptly transporting the rejected coal to an alternative destination determined by SELLER. Provided that BUYER gives written notice to SELLER of its desire for replacement coal within two (2) business days after rejection of the Non-Conforming Shipment, SELLER shall replace the rejected coal within a reasonable period of time but said period shall not exceed thirty (30) days after the rejection and all other terms in this contract shall remain in full forth and effect.