Rejected Goods Clause Samples
The 'rejected-goods' clause defines the rights and procedures related to goods that a buyer refuses to accept due to nonconformity or defects. Typically, this clause outlines the process for notifying the seller of rejection, the timeframe for such notification, and the obligations of both parties regarding the return, replacement, or disposal of the rejected items. By establishing clear steps and responsibilities, the clause helps prevent disputes over defective or nonconforming goods and ensures both parties understand how to resolve such issues efficiently.
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Rejected Goods. 8.1 Ingredion may reject any Goods or Services which do not comply strictly with this Agreement. If the Goods or Services are rejected, Ingredion may require:
(a) in the case of either Goods or Services, the Supplier to refund any payment within 7 days; or
(b) in the case of Goods, replacement of the Goods to Ingredion’s satisfaction; or
(c) in the case of Services, the re-supply of the Services.
8.2 Title and risk in the rejected Goods immediately re-vests in the Supplier. The Supplier is liable for all losses incurred by Ingredion due to the rejection of Goods or Services. The Supplier must, at its cost, remove from the rejected Goods any of Ingredion’s Intellectual Property or any other distinguishing features such as name or symbols. In the event of a rejection of Goods or Services, the payment obligation shall be suspended forthwith.
Rejected Goods. Ownership and risk in any Goods rejected by the Buyer under clause 3.5 will pass back to the Supplier as follows:
a. if the Buyer has paid the Charges for those rejected Goods, once the Supplier has provided a refund or credit in accordance with clause 3.5, and
b. in all other cases, when the Goods are collected from the place to which they were delivered.
Rejected Goods. MEDICIS shall notify HMR GmbH in writing of any claim relating to an HMR MANUFACTURED PRODUCT failing to meet the SPECIFICATIONS at the time title passes to MEDICIS in accordance with Section 2.7 hereof (other than due solely to storage, handling or shipping by MEDICIS, its AFFILIATES, customers and/or carriers) within the earlier of (i) thirty (30) business days after discovery of such failure to meet the SPECIFICATIONS or (ii) the shelf life of such HMR MANUFACTURED PRODUCT. Such notification shall specify the finished dosage form and package size (SKU) of such HMR MANUFACTURED PRODUCT. Subject to the provisions of Section 2.8(c) hereof, HMR GmbH shall replace any such HMR MANUFACTURED PRODUCT that fails to meet the SPECIFICATIONS within thirty (30) business days after notification by MEDICIS, if replacement HMR MANUFACTURED PRODUCT stock is available, or, if no such replacement stock is available, as soon as reasonably practicable after receiving such notice. MEDICIS shall not be responsible, and shall receive a credit from HMR GmbH, for any additional costs of shipping, freight, customs and duties required to be paid as a result of any replacement of HMR MANUFACTURED PRODUCTS under this Section 2.8(b). The provisions of this Section 2.8(b) shall not apply to HMR MANUFACTURED PRODUCTS which fail to meet the SPECIFICATIONS due solely to storage, handling or shipping by MEDICIS, its AFFILIATES, customers and/or carriers. MEDICIS shall deduct the invoiced amount for any HMR MANUFACTURED PRODUCTS which fail to meet the SPECIFICATIONS (other than due solely to storage, handling or shipping by MEDICIS, its AFFILIATES, customers and/or carriers) from payment of the HMR GmbH invoice or invoices for such HMR MANUFACTURED PRODUCTS.
Rejected Goods. 8.1 Where goods presented for import are rejected by the competent authority of a Member on account of their failure to meet prescribed sanitary or phytosanitary regulations or technical regulations, the Member shall, subject to and consistent with its laws and regulations, allow the importer to re-consign or to return the rejected goods to the exporter or another person designated by the exporter.
8.2 When such an option under paragraph 8.1 is given and the importer fails to exercise it within a reasonable period of time, the competent authority may take a different course of action to deal with such non-compliant goods.
Rejected Goods. The Purchaser may, within 90 days of delivery of the Goods at the Delivery Point, reject any Goods which do not comply strictly with the Agreement. Once the Goods are rejected, the Purchaser, in its sole discretion, may require:
(a) in the case of either Goods or Services, the Supplier to refund any payment within 7 days; or
(b) in the case of Goods, replacement of the Goods to the Purchaser’s satisfaction; or
(c) in the case of Services, the re-supply of the Services. Title and risk in the rejected Goods immediately re-vests in the Supplier. The Supplier is liable for all Loss incurred by the Purchaser due to the rejection of the Goods. The Supplier must, at its cost, remove from the rejected Goods any of the Purchaser’s intellectual property or any other distinguishing features such as name or symbols.
Rejected Goods. Rugby shall notify HMRI in writing of any claim relating to Product that fails to meet the Specifications (other than for reasons of storage, handling, or shipping by Rugby, its Affiliates, customers and carriers) within the earlier of (i) ten (10) business days after discovery that such Product so fails to meet the Specifications and (ii) the shelf life of such Product, which notification shall specify the package size (SKU) and finished dosage form of such Product. Subject to the provisions of Section 2.9(c) herein, HMRI shall replace such Product that fails to meet the Specifications within ten (10) business days at no additional cost to Rugby. The provisions of this Section 2.9(b) shall not apply to Product damaged in transit.
Rejected Goods. The City may withhold or revoke acceptance of or reject any Goods which are found, upon examination, not to conform to the terms of this Contract. With respect to food and drugs, no written notice of rejection need be given, whereas in all other instances such notice will be in writing.
Rejected Goods. Shortages SYNOVA shall notify ABI of any claim relating to Product that SYNOVA believes does not conform to the Specifications or of any shortage in quantity of any Product shipment (a "Rejection Event"), within fifteen (15) days of receipt of such shipment. Upon ABI's confirmation that (a) a shortage exists, (b) the subject Products do not conform to the Specifications, (c) the subject Products contain a manufacturing or Product defect, and/or (d) ABI has failed to satisfy any of its responsibilities under this Agreement with respect to such Product, ABI shall, in its discretion, replace Product or make up the shortage within thirty (30) days of receiving notice of the Rejection Event. ABI shall refund costs incurred by SYNOVA in connection with delivery of the Product to SYNOVA, at no additional cost to SYNOVA, and shall make arrangements with SYNOVA for the return or destruction of any rejected Product, such return shipping charges to be paid by ABI. This is SYNOVA's sole and exclusive remedy in the event of a Rejection Event. SYNOVA acknowledges that the expiration of a Product after it has been delivered to SYNOVA (provided the expiration period meets the requirements of Section 4.5) or improper storage of a product by SYNOVA will not constitute grounds for rejection under this Section 4.4.
Rejected Goods. 4.1 Any rejected goods will be collected by the Supplier at the Supplier's cost. If the Supplier fails to collect rejected goods within 10 business day after notification by DBC UK that they are available for collection DBC UK shall have the right to charge the Supplier storage costs and sell or dispose of the rejected goods. If DBC UK sells the rejected goods it will provide to the Supplier the proceeds of sale after deducting its storage costs and its reasonable costs and expenses in connection with the sale.
4.2 Any refund or costs payable to DBC UK pursuant to paragraphs 3.2.2 and 3.2.3 will be recovered by means of either:
4.2.1 deduction from amounts due to the Supplier; or
4.2.2 invoicing the Supplier for payment of the amount in question.
Rejected Goods. In the event BUYER rejects any shipment of the goods, and elects to accept only a part thereof, it is agreed that the portion of Goods rejected shall be returned to SELLER within ten (10) business days and shall be at the expense and risk of BUYER. SELLER shall have the right in its discretion either to replace the rejected Goods or to refund the purchase price applicable thereto.