Nonconforming Feedstock Sample Clauses

Nonconforming Feedstock. If Feedstock delivered to the Plant does not meet specifications as determined by Buyer or by an independent laboratory within three (3) business days of its arrival at the Plant, and providing that the Feedstock is not commingled with another supplier's feedstock (“Nonconforming Feedstock”), Buyer will either reject the Nonconforming Feedstock or direct Gavilon to discount the Nonconforming Feedstock in accordance with industry practice or in an amount otherwise mutually acceptable to the Parties. If the Nonconforming Feedstock is not discountable, Gavilon may replace the delivered Feedstock with an acceptable type and/or quality within fifteen (15) days of receipt of written notice that such delivery is nonconforming. Any Feedstock which is not tested within three (3) business days of its arrival at the Plant shall be deemed to meet specifications. In addition to any delivery shortfall costs calculated under Section 3.3, Gavilon will be responsible for all costs of replacing or disposing of any such Nonconforming Feedstock, including any costs reasonably incurred by Buyer as a result of the Nonconforming Feedstock and/or any unreasonable delay by Gavilon in providing conforming Feedstock. Such costs may include, without limitation, reasonably incurred storage costs or costs reasonably incurred by Buyer to return such Nonconforming Feedstock to Gavilon.
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Nonconforming Feedstock. Feedstock delivered to the Plant that does not meet specification (or Alternate Specifications, if applicable) as determined by Buyer or by an independent laboratory as provided for within the applicable Trade Rules, prior to unloading, will either be rejected by Buyer or discounted in accordance with the applicable Trade Rules or in an amount otherwise mutually acceptable to the Parties. If such nonconforming Feedstock is not discountable pursuant to the applicable Trade Rules, LIPID may replace the delivered Feedstock with an acceptable type and/or quality of Feedstock within fifteen (15) days of receipt of written notice that the delivered Feedstock is nonconforming. LIPID will be responsible for all costs of replacing or disposing of any such nonconforming Feedstock, including any damages and costs (subject to Section 10.1) incurred by Buyer as a result of the nonconforming Feedstock and/or any delay in obtaining conforming Feedstock from LIPID. Such costs may include, without limitation, any costs reasonably incurred by Buyer to store or transfer such nonconforming Feedstock. In the event LIPID cannot replace the non-conforming Feedstock within the fifteen (15) day period, Buyer may refuse to make payment for the delivered Feedstock and purchase replacement Feedstock in accordance with the provisions of Exhibit “D”; however, if Buyer has already paid for such nonconforming Feedstock, it shall be entitled to a full refund of all amounts paid to LIPID in respect thereto, including, without limitation, any related Service Fee. Notwithstanding the foregoing, Buyer, at its sole discretion, may direct LIPID to purchase Feedstock based on Alternate Specifications, and the purchase and use of such alternate Feedstock shall not affect any of the other rights Buyer may have under this Agreement and any of the obligations LIPID may have under this Agreement for other deliveries of nonconforming Feedstock. LIPID’s purchase of Feedstock meeting Alternate Specifications shall count towards Buyer’s Minimum Purchase Obligation.
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Related to Nonconforming Feedstock

  • Nonconforming Work 5.6.1 Rejection, Removal and Replacement of Nonconforming Work

  • Defective Product If Client rejects Products under Section 6.1 and the deviation is determined to have arisen from Patheon’s failure to provide the Manufacturing Services in accordance with the Specifications, cGMPs, or Applicable Laws, Patheon will credit Client’s account for Patheon’s invoice price for the defective Products. If Client previously paid for the defective Products, Patheon will promptly, at Client’s election, either: (i) refund the invoice price for the defective Products; (ii) offset the amount paid against other amounts due to Patheon hereunder; or (iii) replace the Products with conforming Products without Client being liable for payment therefor under Section 3.1, contingent upon the receipt from Client of all Active Materials and Client-Supplied Components required for the manufacture of the replacement Products. For greater certainty, Patheon’s responsibility for any loss of Active Materials in defective Product will be captured and calculated in the Active Materials Yield under Section 2.2.

  • Non-Conforming Product (a) In the event Patheon discovers a potential Non-Conforming Product prior to delivery of such Product to Flexion, Patheon shall provide written notice to Flexion as soon as practicable describing in detail the Non-Conforming Product and the potential cause of such Non-Conforming Product. Flexion (or its shipping carrier) will perform a customary inspection of the Products Manufactured by Patheon on receipt. For the avoidance of doubt, such inspection will be limited to a visual inspection of the shipment-ready packaged Products (and associated shipping documentation) and Flexion will not be obliged to perform any testing of the Product. Flexion shall within (i) […***…] days after delivery thereof by Patheon or (ii) within […***…] days after Flexion discovers or is informed of a discovery of nonconformity that could not reasonably have been detected by the customary inspection on delivery (but not after the expiration date of the Product), give Patheon notice of any Non-Conforming Product (including a sample of such Non-Conforming Product, if applicable) (a “Deficiency Notice”). Subject to Flexion’s rights under 3.10 and 3.12, should Flexion fail to give Patheon the Deficiency Notice within the applicable […***…] day period, then the delivery will be deemed to have been accepted by Flexion on the […***…] day after delivery or discovery, as applicable. Patheon shall have no liability under this Section 2.8 for Nonconforming Product for which it has not received a Deficiency Notice within such applicable […***…] day period. (b) Patheon shall conduct a root-cause analysis to verify whether a Product constitutes a Non-Conforming Product and, if found, to determine the cause of such Non-Conforming Product (including by undertaking an appropriate evaluation of a Non-Conforming Product sample, as applicable). Flexion shall provide reasonable cooperation to Patheon in connection with any such root-cause analysis. Patheon shall notify Flexion in writing of its determination regarding whether the Product constitutes a Non-Conforming Product within […***…] days after either discovery of the Non-Conforming Product or receipt of such Deficiency Notice from Flexion, as applicable. Such notification shall include Patheon’s good faith determination of the cause of the Non-Conforming Product.

  • Shipment Dell will ship the APEX System to the Site when included as part of the APEX Service. The terms and process for shipment and delivery of the APEX System will be stated in the applicable Service Offering Description.

  • Defective Products A defective product may be returned to PRECISIONARY INSTRUMENTS within thirty (30) days of the delivery date for a refund of the original purchase price with the following amendments/fees. To return a defective product, please contact our Customer Service Department and follow the Return of Products Instructions below.

  • RE-WEIGHING PRODUCT Deliveries are subject to re- weighing at the point of destination by the Authorized User. If shrinkage occurs which exceeds that normally allowable in the trade, the Authorized User shall have the option to require delivery of the difference in quantity or to reduce the payment accordingly. Such option shall be exercised in writing by the Authorized User.

  • Contract Quantity The Contract Quantity during each Contract Year is the amount set forth in the applicable Contract Year in Section D of the Cover Sheet (“Delivery Term Contract Quantity Schedule”), which amount is inclusive of outages.

  • Delivery Point The delivery point is the point of delivery of the Power Product to the CAISO Controlled Grid (the “Delivery Point”). Seller shall provide and convey to Buyer the Power Product from the Generating Facility at the Delivery Point. Title to and risk of loss related to the Power Product transfer from Seller to Buyer at the Delivery Point.

  • Inspection and Rejection of Nonconforming Goods The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

  • Bidder Supplied Samples The Commissioner reserves the right to request from the Bidder/Contractor a representative sample(s) of the Product offered at any time prior to or after award of a contract. Unless otherwise instructed, samples shall be furnished within the time specified in the request. Untimely submission of a sample may constitute grounds for rejection of Bid or cancellation of the Contract. Samples must be submitted free of charge and be accompanied by the Bidder’s name and address, any descriptive literature relating to the Product and a statement indicating how and where the sample is to be returned. Where applicable, samples must be properly labeled with the appropriate Bid or Contract reference. A sample may be held by the Commissioner during the entire term of the Contract and for a reasonable period thereafter for comparison with deliveries. At the conclusion of the holding period the sample, where feasible, will be returned as instructed by the Bidder, at the Bidder’s expense and risk. Where the Bidder has failed to fully instruct the Commissioner as to the return of the sample (i.e., mode and place of return, etc.) or refuses to bear the cost of its return, the sample shall become the sole property of the receiving entity at the conclusion of the holding period.

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