Common use of Procedure for rejection Clause in Contracts

Procedure for rejection. (a) Nutrano may reject a whole consignment of bins delivered by the Grower based on a sample of bins inspected by Xxxxxxx. (b) If Nutrano rejects any Produce (the “Rejected Produce”) delivered by the Grower, then Nutrano must notify the Grower in writing with reasons for the rejection as soon as possible and in any event within 24 hours of delivery. (c) Nutrano will provide the Grower an opportunity to inspect the Rejected Produce. Such inspection must occur within 48 hours of being notified in writing of the reasons for the rejection. The Grower must notify Nutrano as to whether the Grower: (i) wishes to retake possession of the Rejected Produce; or (ii) requires an independent inspection and assessment of the condition of the Rejected Produce, to be conducted at the Grower’s cost; or (iii) wishes to make other arrangements in respect to the Rejected Produce, including the storage or warehousing, sale or resale or removal from Nutrano’s premises, all of which will be at the Grower’s cost. (d) In the case of Nutrano’s operations in the Sunraysia region only, Nutrano may agree to conduct a further grading of the Rejected Produce in an attempt to mitigate the impacts of the rejection to the Grower. If the Produce is re-graded and/or packed for a second time (or more), additional charges will be applied in accordance with Item 6 of the Schedule (e) In the event the parties cannot agree on how the Rejected Produce will be handled, within 3 business days of notice given under clause 4.3(b) or, alternatively, completion of an inspection conducted pursuant to clause 4.3(c), the Grower shall be deemed to have instructed Nutrano the Grower wishes to retake possession of the Rejected Produce. (f) The right of Nutrano to reject Produce under this Agreement cannot be deemed to be waived by past acceptance of Produce of a similar quality. (g) Despite anything else in this Agreement, Nutrano may elect, and the Grower authorises Nutrano to destroy and dispose of the Rejected Produce, or deliver the Rejected Produce to the Grower if: (i) the Grower does not respond within 24 hours of notification in accordance with subclause 4.3(f); or (ii) the Grower fails to retake possession of the Produce within 5 business days of the Grower indicating an intention to do so under subclause 4.3(f). (h) The Grower must pay all costs associated with a rejection under this clause 4.

Procedure for rejection. (a) Nutrano may reject a whole or part of a consignment of bins delivered by the Grower based on a sample of bins inspected by XxxxxxxNutrano. (b) If Nutrano rejects any Produce (the “Rejected Produce”) delivered by the Grower, then Nutrano must notify the Grower in writing with reasons for the rejection as soon as possible and in any event within 24 hours of delivery. (c) Nutrano will provide the Grower an opportunity to inspect the Rejected Produce. Such inspection must occur within 48 hours of being notified in writing of the reasons for the rejectionrejections. The Grower must notify Nutrano as to whether the Grower: (i) wishes to retake possession of the Rejected Produce; or (ii) requires an independent inspection and assessment of the condition of the Rejected Produce, to be conducted at the Grower’s cost; or (iii) wishes to make other arrangements in respect to the Rejected Produce, including the storage or warehousing, sale or resale or removal from Nutrano’s premises, all of which will be at the Grower’s cost. (d) In the case of Nutrano’s operations in the Sunraysia region only, Nutrano may agree to conduct a further grading of the Rejected Produce in an attempt to mitigate the impacts of the rejection to the Grower. If the Produce is re-graded and/or packed for a second time (or more), additional charges will be applied in accordance with Item 6 of the Schedule (e) In the event the parties cannot agree on how the Rejected Produce will be handled, within 3 business days Business Days of notice given under clause 4.3(b) or, alternatively, completion of an inspection conducted pursuant to clause 4.3(c), the Grower shall be deemed to have instructed Nutrano the Grower wishes to retake possession of the Rejected Produce. (f) The right of Nutrano to reject Produce under this Agreement cannot be deemed to be waived by past acceptance of Produce of a similar quality. (g) Despite anything else in this Agreement, Nutrano may elect, and the Grower authorises Nutrano to destroy and dispose of the Rejected Produce, or deliver the Rejected Produce to the Grower if: (i) the Grower does not respond within 24 hours of notification in accordance with subclause 4.3(f); or (ii) the Grower fails to retake possession of the Produce within 5 business days Business Days of the Grower indicating an intention to do so under subclause 4.3(f). (h) The Grower must pay all costs associated with a rejection under this clause 4.

Procedure for rejection. (a) Nutrano may reject a whole consignment of bins delivered by the Grower based on a sample of bins inspected by XxxxxxxNutrano. (b) If Nutrano rejects any Produce (the “Rejected Produce”) delivered by the Grower, then Nutrano must notify the Grower in writing with reasons for the rejection as soon as possible and in any event within 24 hours of delivery. (c) Nutrano will provide the Grower an opportunity to inspect the Rejected Produce. Such inspection must occur within 48 hours of being notified in writing of the reasons for the rejection. The Grower must notify Nutrano as to whether the Grower: (i) wishes to retake possession of the Rejected Produce; or (ii) requires an independent inspection and assessment of the condition of the Rejected Produce, to be conducted at the Grower’s cost; or (iii) wishes to make other arrangements in respect to the Rejected Produce, including the storage or warehousing, sale or resale or removal from Nutrano’s premises, all of which will be at the Grower’s cost. (d) In the case of Nutrano’s operations in the Sunraysia region only, Nutrano may agree to conduct a further grading of the Rejected Produce in an attempt to mitigate the impacts of the rejection to the Grower. If the Produce is re-graded and/or packed for a second time (or more), additional charges will be applied in accordance with Item 6 of the Schedule (e) In the event the parties cannot agree on how the Rejected Produce will be handled, within 3 business days of notice given under clause 4.3(b) or, alternatively, completion of an inspection conducted pursuant to clause 4.3(c), the Grower shall be deemed to have instructed Nutrano the Grower wishes to retake possession of the Rejected Produce. (f) The right of Nutrano to reject Produce under this Agreement cannot be deemed to be waived by past acceptance of Produce of a similar quality. (g) Despite anything else in this Agreement, Nutrano may elect, and the Grower authorises Nutrano to destroy and dispose of the Rejected Produce, or deliver the Rejected Produce to the Grower if: (i) the Grower does not respond within 24 hours of notification in accordance with subclause 4.3(f); or (ii) the Grower fails to retake possession of the Produce within 5 business days of the Grower indicating an intention to do so under subclause 4.3(f4.3(c). (h) The Grower must pay all costs associated with a rejection under this clause 4.