Rejected Goods and/or Services Sample Clauses

Rejected Goods and/or Services. The Purchaser may, within 90 days of delivery of the Goods and/or Services at the Delivery Point or if applicable, an Authorised Dealer’s premises (whichever is the later), 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 and/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 and/or Services. 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.
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Rejected Goods and/or Services. If the Goods and/or Services supplied and delivered to the Customer (or any part thereof) are defective or do not comply with the Specifications or any other provisions contained in this Agreement, the Customer will be entitled (but not obliged) to reject the Goods after delivery thereof by written notification to the Supplier within the Rejection Period stipulated in Schedule A and to claim any damages suffered by the Customer from the Supplier, alternatively demand that the Services be performed in accordance with generally acceptable industry standards. The Supplier will, subject to the provisions of clause 37.3. and after notification by the Customer in writing that the Goods and/or Services have been rejected, remove such Rejected Goods from the Delivery Address and/or execute the Services in accordance with generally acceptable industry standards (whichever is applicable) within the prescribed Lead Time. All costs incurred by the Supplier resulting from the Rejected Goods and/or unacceptable Services will be for the Supplier's account. Payment by the Customer under this Agreement will not be construed as acceptance by the Customer of any Goods and/or Services delivered. Failure to reject the Goods and/or Services within the Rejection Period will be deemed to be acceptance by the Customer of the Goods and/or Services. Acceptance of the Goods and/or Services by the Customer will not relieve the Supplier of its warranty obligations or liability for latent defects. The nature and duration of all warranties applicable to the Goods and/or Services are set out in Schedule A. The Supplier will upon request by the Customer promptly remedy any defects in the Goods or relating to the Services which arise during the Warranty Period(s) stipulated in Schedule A (if applicable), at its own cost. Any Goods or parts of Goods replaced by the Supplier will likewise be subject to the Warranty Period stipulated in Schedule A, from the date of replacement of such Goods or parts of such Goods.
Sample 1
Rejected Goods and/or Services. If there is a Fault in the Goods and/or Services (or part thereof), then Woolworths may, irrespective of whether it has accepted and/or paid for the Goods and/or Services, reject the Goods and/or Services by promptly giving written notice to the Supplier ("Rejection Notice"). If Woolworths gives the Supplier a Rejection Notice, then Woolworths may within 2 Business Days, in addition to any other rights it has under the Relevant Law, elect for the Supplier to (at the Supplier's cost) promptly collect, replace, repair, or to collect the Goods and refund all payments made by Woolworths for the rejected Goods or to re-perform the rejected Services at no additional cost to Woolworths.
Sample 1
Rejected Goods and/or Services. Penske may, within 90 days of delivery of the Goods and/or Services at (whichever is the later), reject any Goods which do not comply strictly with the Agreement. Once the Goods are rejected, Penske, in its sole discretion, may require: (a) in the case of either Goods and/or Services, the Supplier to refund any payment within 7 days; or (b) in the case of Goods, replacement of the Goods to 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 Penske due to the rejection of the Goods and/or Services. The Supplier must, at its cost, remove other distinguishing features such as name or symbols.
Sample 1

Related to Rejected Goods and/or Services

  • Emergency Standby for Goods and/or Services If any Federal or State official, having authority to do so, declares an emergency or the occurrence of a natural disaster within the State of Connecticut, DAS and the Client Agency may request the Goods and Services on an expedited and prioritized basis. Upon receipt of such a request the Contractor shall make all necessary and appropriate commercially reasonable efforts to reallocate its staffing and other resources in order to give primary preference to Performing this Contract ahead of or prior to fulfilling, in whole or in part, any other contractual obligations that the Contractor may have. The Contractor is not obligated to make those efforts to Perform on an expedited and prioritized basis in accordance with this paragraph if doing so will make the Contractor materially breach any other contractual obligations that the Contractor may have. Contractor shall acknowledge receipt of any request made pursuant to this paragraph within 2 hours from the time that the Contractor receives it via purchase order or through a request to make an expedited or prioritized purchase through the State of Connecticut Purchasing Card (MasterCard) Program (the “P-Card Program”). If the Contractor fails to acknowledge receipt within 2 hours, confirm its obligation to Perform or actually Perform, as set forth in the purchase order or through the P-Card Program, then DAS and the Client Agency may procure the Performance from another source without further notice to Contractor and without creating any right of recourse at law or in equity against DAS or Client Agency.

  • EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

  • Goods and Services 4.3.1. The Supplier shall ensure that the Goods and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve performance and results stipulated in the Contract. 4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licenses, Harmonized Tariff Code - and any such other documents required under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused correctly and under the appropriate safety conditions. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith sufficient timeforreview andapproval by the Customer, in accordancewith the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by the Purchaser as a result of the non-compliance and/or delay. 4.3.3. Goods or Services that donotmeetall the requirements set in this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-conformity event (NCE) as defined in the Supplier Quality Manual. 4.3.4. If the Supplier is not certain that the results of the Services or Goods comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing. 4.3.5. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.

  • Infringing Products or Services If the use of any Products or Services is enjoined (collectively, “Infringing Products”), Supplier shall at its expense procure the right for DXC to continue using or receiving the Infringing Products. If Supplier is unable to do so, Supplier shall at its expense (and at Indemnitees’ option): (i) replace the Infringing Products with non-infringing Products or Services of equivalent form, function and performance; or (ii) modify the Infringing Products to be non-infringing without detracting from form, function or performance; or

  • Contract for Services The parties intend this Agreement to be a contract for the provision of services and not a contract for the sale of goods. To the fullest extent permitted by law, the provisions of the Uniform Commercial Code (UCC), the Uniform Computer Information Transaction Act (UCITA), the United Nations Convention on Contracts for the International Sale of Goods, and any substantially similar legislation as may be enacted, shall not apply to this Agreement.

  • Rejected Items; Abandonment (a) The Contractor may deliver, cause to be delivered, or, in any other way, bring or cause to be brought, to any State premises or other destination, Goods, as samples or otherwise, and other supplies, materials, equipment or other tangible personal property. The State may, by written notice and in accordance with the terms and conditions of the Contract, direct the Contractor to remove any or all such Goods (“the “Rejected Goods”) and any or all other supplies, materials, equipment or other tangible personal property (collectively, the “Contractor Property”) from and out of State premises and any other location which the State manages, leases or controls. The Contractor shall remove the Rejected Goods and the Contractor Property in accordance with the terms and conditions of the written notice. Failure to remove the Rejected Goods or the Contractor Property in accordance with the terms and conditions of the written notice shall mean, for itself and all Contractor Parties, that: (1) they have voluntarily, intentionally, unconditionally, unequivocally and absolutely abandoned and left unclaimed the Rejected Goods and Contractor Property and relinquished all ownership, title, licenses, rights, possession and interest of, in and to (collectively, “Title”) the Rejected Goods and Contractor Property with the specific and express intent of (A) terminating all of their Title to the Rejected Goods and Contractor Property, (B) vesting Title to the Rejected Goods and Contractor Property in the State of Connecticut and (C) not ever reclaiming Title or any future rights of any type in and to the Rejected Goods and Contractor Property; (2) there is no ignorance, inadvertence or unawareness to mitigate against the intent to abandon the Rejected Goods or Contractor Property; (3) they vest authority, without any further act required on their part or the State’s part, in the Client Agency and the State to use or dispose of the Rejected Goods and Contractor Property, in the State’s sole discretion, as if the Rejected Goods and Contractor Property were the State’s own property and in accordance with law, without incurring any liability or obligation to the Contractor or any other party; (4) if the State incurs any costs or expenses in connection with disposing of the Rejected Goods and Contractor Property, including, but not limited to, advertising, moving or storing the Rejected Goods and Contractor Property, auction and other activities, the State shall invoice the Contractor for all such cost and expenses and the Contractor shall reimburse the State no later than thirty (30) days after the date of invoice; and (5) they do remise, release and forever discharge the State and its employees, departments, commissions, boards, bureaus, agencies, instrumentalities or political subdivisions and their respective successors, heirs, executors and assigns (collectively, the “State and Its Agents”) of and from all Claims which they and their respective successors or assigns, jointly or severally, ever had, now have or will have against the State and Its Agents arising from the use or disposition of the Rejected Goods and Contractor Property. (b) The Contractor shall secure from each Contractor Party, such document or instrument as necessary or appropriate as will vest in the Contractor plenary authority to bind the Contractor Parties to the full extent necessary or appropriate to give full effect to all of the terms and conditions of this section. The Contractor shall provide, no later than fifteen (15) days after receiving a request from the State, such information as the State may require to evidence, in the State’s sole determination, compliance with this section.

  • Products and Services General Information

  • TRANSPORT SERVICES Upon the conclusion of such multilateral negotiations, the Parties shall conduct a review for the purpose of discussing appropriate amendments to this Agreement so as to incorporate the results of such multilateral negotiations.

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