Rejection and Replacement. (a) In the event that Alamo determines that any Product, Product samples or Product placebos as manufactured and/or packaged by CIMA is Defective, then: (i) thirty (30) days from receipt of Product, Product samples or Product placebos to Alamo or to Alamo’s designated agent for final packaging; or (ii) in the event that such Product, Product samples or Product placebos is Defective as a result of a latent defect, within sixty (60) days of the discovery of such latent defect, Alamo shall provide to CIMA a written notice of rejection, specifying in reasonable detail the manner in which the Product is Defective (the “Notice of Rejection”). If no written Notice of Rejection is given to CIMA by Alamo within the period specified in clauses (i) and (ii), such Product, Product samples or Product placebos shall be deemed to have been accepted by Alamo, provided, however, that nothing contained in this Section 5.5(a) shall be deemed to relieve CIMA of its obligations under this Agreement.
(b) Upon receipt of a Notice of Rejection from Alamo and in order to minimize any hardship to Alamo’s customers, CIMA shall use reasonable commercial efforts to promptly supply to Alamo a quantity of replacement Product, Product samples or Product placebos meeting the Specifications equal to the size of the lot which Alamo claims was Defective. In the event that such Defective Product, Defective Product samples or Defective Product placebos are due to: (i) faulty manufacture; faulty release; faulty primary packaging or labeling of the relevant batch(es) of the Product; or (ii) improper shipping to Alamo’s designated agent for final packaging (which fact shall be established on the basis of the corresponding sealed samples retained by CIMA and/or Alamo’s designated agent for final packaging, utilizing an outside independent laboratory if necessary, the cost of which is borne by both parties and whose findings shall be binding), CIMA shall replace such batches free of charge, otherwise Alamo shall promptly pay CIMA for all such Product, Product samples or Product placebos, including any Defective Product, in accordance with Section 5.6. If CIMA is responsible for any Product deemed to be defective pursuant to this Section 5.5(b), then such Product will be destroyed by Alamo or returned to CIMA, at CIMA’s option and expense.
Rejection and Replacement. (a) In the event KU determines that any Product as manufactured is Defective, then, [***], KU shall provide to Alkermes a written notice of rejection, specifying in reasonable detail the manner in which such Product is Defective (the “Notice of Rejection”). If in the event that KU discovers any latent defects as to any Product, KU shall provide Alkermes a Notice of Rejection [***]. If no written Notice of Rejection is given to Alkermes by KU [***], such Product shall be deemed to have been accepted by KU, provided, however, that nothing contained in this Section 4.4(a) shall be deemed to relieve Alkermes of its obligations under the warranties set forth in SECTION 6 below.
(b) Upon receipt of a Notice of Rejection from KU and in order to minimize any hardship to KU’s customers, Alkermes shall either (i) supply to KU a quantity of replacement Products meeting the Specifications equal to the size of the lot which KU claims was Defective so that such replacement Products are received by KU [***] following Alkermes’s receipt of KU’s Notice of Rejection or (ii) notify KU that it protests such Notice of Rejection and submit the Products subject to such Notice of Rejection to a mutually agreeable independent laboratory for testing [***] of its sending the notice of protest. Such independent laboratory shall evaluate the Products subject to such Notice of Rejection within 30 days. The evaluation of such independent laboratory shall, absent manifest error, be binding. The costs and expenses relating to any rejection, testing and replacement of Products pursuant to this Section 4.4 shall be paid by Alkermes, or, if submitted to an independent laboratory, by the non-prevailing party.
Rejection and Replacement. 14.1 If in the opinion of the Authorised Officer, the Goods delivered or Services supplied are not in accordance with the specification in the Contract or are in any way faulty or sub-standard then the Council will be entitled to reject the Goods/Services. The Council will give the Supplier a reasonable opportunity to replace the Goods/Services with Goods/Services which do comply with the Contract and if Contract compliant Goods/Services are not supplied in that time, the Council will be entitled to cancel the Contract (by giving notice in writing) and buy the nearest equivalent Goods/Services elsewhere. This right of rejection and cancellation does not affect any other rights that the Council may have under the Contract or general law.
14.2 Should any faults develop within a period of twelve months from the date of delivery of Goods or completion of supply of Services which are in the opinion of the Authorised Officer directly attributable to inferior workmanship or faulty materials the Supplier shall at his/her own expense be required to make good or replace immediately the defective parts or work to the satisfaction of the Authorised Officer.
Rejection and Replacement. (a) In the event Schwxxx xxxermines that any Scopolamine Units as manufactured are Defective, then, within 60 days after delivery of such Scopolamine Units to Schwxxx, Xxhwxxx xxxll provide to Nastech a written notice of rejection, specifying in reasonable detail the manner in which Scopolamine are Defective (the "Notice of Rejection"). If no written Notice of Rejection is given to Nastech by Schwxxx xxxhin such 60 day period, such Scopolamine Units shall be deemed to have been accepted by Schwxxx, xxovided, however, that nothing contained in this Section 4.6(a) shall be deemed to relieve Nastech of its obligations under the warranties set forth in Section 6 below.
(b) Upon receipt of a Notice of Rejection from Schwxxx xxx in order to minimize any hardship to Schwxxx'x xxxtomers, Nastech shall use its best efforts to promptly supply to Schwxxx x xuantity of replacement Scopolamine Units meeting the Specifications equal to the size of the lot which Schwxxx xxxims was Defective so that such replacement Scopolamine Units shall be received by Schwxxx xxxhin 60 days following Nastech's receipt of Schwxxx'x Xxxice of Rejection. All actual and documented costs and expenses relating to any rejection and replacement pursuant to this Section 4.6 shall be paid by Nastech.
Rejection and Replacement. (a) In the event [***CONFIDENTIAL TREATMENT REQUESTED, PORTION OMITTED FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.***] determines that any Products, Product samples or Product placebos as manufactured and/or packaged by CIMA is Defective, then, within [***CONFIDENTIAL TREATMENT REQUESTED, PORTION OMITTED FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.***] after delivery of such Products, Product samples or Product placebos to [***CONFIDENTIAL TREATMENT REQUESTED, PORTION OMITTED FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.***] shall provide to CIMA a written notice of rejection, specifying in reasonable detail the manner in which the Products are Defective (the "Notice of Rejection"). If no written Notice of Rejection is given to CIMA by [***CONFIDENTIAL TREATMENT REQUESTED, PORTION OMITTED FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.***] within such [***CONFIDENTIAL TREATMENT REQUESTED, PORTION OMITTED FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.***] period, such Products, Product samples or Product placebos shall be deemed to have been accepted by [***CONFIDENTIAL TREATMENT REQUESTED, PORTION OMITTED FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.***].
(b) Upon receipt of a Notice of Rejection from [***CONFIDENTIAL TREATMENT REQUESTED, PORTION OMITTED FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.***] and in order to minimize any hardship to [***CONFIDENTIAL TREATMENT REQUESTED, PORTION OMITTED FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.***] customers, CIMA shall use its reasonable best efforts to promptly supply to [***CONFIDENTIAL TREATMENT REQUESTED, PORTION OMITTED FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.***] a quantity of replacement Products, Product samples or Product placebos meeting the Specifications equal to the size of the lot or lots which [***CONFIDENTIAL TREATMENT REQUESTED, PORTION OMITTED FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.***] claims was Defective so that such replacement Products shall be received by [***CONFIDENTIAL TREATMENT REQUESTED, PORTION OMITTED FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.***] within 30 days following CIMA's receipt of [***CONFIDENTIAL TREATMENT REQUESTED, PORTION OMITTED FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.***] Notice of Rejection. If CIMA agrees with [***CONFIDENTIAL TREATMENT REQUESTED, PORTIO...
Rejection and Replacement. 10.1 Without prejudice to or limitation of its statutory rights Network Rail may, at any time prior to payment for the relevant Goods, notwithstanding the use or continued use by Network Rail of the Goods after any right to reject them has arisen, reject by notice in writing (without liability to Network Rail) any Goods which, in the reasonable opinion of Network Rail, are not of satisfactory quality and/or fit for their purpose and/or in accordance with the Schedule 1 Specification and/or Contract Order. Any Goods not so rejected shall be deemed to have been accepted by Network Rail.
10.2 The Supplier shall remove the rejected Goods within fourteen days of the date of Network Rail’s notice of rejection, failing which Network Rail may (at its sole option) deliver them to the Supplier, in either case at the Supplier’s cost and risk.
10.3 Where such rejected Goods form part of a series of consignments, nothing in this Contract shall prevent Network Rail from accepting subsequent consignments if the Goods contained within such subsequent consignments are acceptable to Network Rail.
Rejection and Replacement. (1) In the event Schwxxx xxxermines that any Product, Product samples or Product placebos as manufactured and/or packaged by CIMA is Defective, then, within 30 days after delivery of such Product, Product samples or Product placebos to Schwxxx (xx, in the event that such Product, Product samples or Product placebos is Defective as a result of a latent defect, within 30 days of the discovery of such latent defect), Schwxxx xxxll provide to CIMA a written notice of rejection, specifying in reasonable detail the manner in which the Product is Defective (the "Notice of Rejection"). If no written Notice of Rejection is given to CIMA by Schwxxx xxxhin such 30 day period, such Product, Product samples or Product placebos shall be deemed to have been accepted by Schwxxx, xxovided, however, that nothing contained in this Section 5.5(a) shall be deemed to relieve CIMA of its obligations under the warranties set forth in Section 7 below.
(2) Upon receipt of a Notice of Rejection from Schwxxx xxx in order to minimize any hardship to Schwxxx'x xxxtomers, CIMA shall use its best efforts to promptly supply to Schwxxx x xuantity of replacement Product, Product samples or Product placebos meeting the Specifications equal to the size of the lot which Schwxxx xxxims was Defective so that such replacement Product shall be received by Schwxxx xxxhin 30 days following CIMA's receipt of Schwxxx'x Xxxice of Rejection. All actual and documented costs and expenses directly relating to any rejection and replacement pursuant to this Section 5.5 shall be paid by CIMA.
Rejection and Replacement. (a) If Customer disagrees with the Statement (other than net weight, which shall be finally determined by Supplier under Paragraph 3 of this Appendix) or determines that the Material is not Conforming Material, Customer may, prior to Acceptance, notify Supplier of its disagreement, including the measurements and analytical data supporting Customer’s position (Customer’s Notice being referred to herein as a “Rejection Notification”), and, subject to resolution of such disagreement, require Supplier to replace the Material with Conforming Material, or in the case of an alleged shortage in quantity, to Deliver the shortfall. The Supplier shall make such replacement or additions as soon as practicable, but in no event later than: *****.
(b) If Supplier disputes the Rejection Notification, and such dispute is resolved in favor of Customer, Supplier shall *****. Customer shall use its reasonable efforts to assist Supplier *****.
(c) Title to, and risk of loss of, Material that is rejected by Customer pursuant to this Paragraph shall pass to Supplier upon *****. Title to and risk of loss of replacement or additional Material Delivered pursuant to this Paragraph shall pass to Customer upon *****.
(d) If the defect in the Material can be corrected through a means other than replacement of the defective Material, Supplier may utilize such means. The Parties shall finally resolve disputes concerning the Assay of Material and its conformance with the applicable specification under the procedures set forth in Paragraph 7. The procedures in Paragraph 8 shall apply to weight disputes. All other disputes shall be subject to Article 17.
Rejection and Replacement. (a) In the event Schwxxx xxxermines that any Product, Product samples or Product placebos as manufactured and/or packaged by CIMA is Defective, then, within 30 days after delivery of such Product, Product samples or Product placebos to Schwxxx (xx, in the event that such Product, Product samples or Product placebos is Defective as a result of a latent defect, within 30 days of the discovery of such latent defect), Schwxxx xxxll provide to CIMA a written notice of rejection, specifying in reasonable detail the manner in which the Product is Defective
Rejection and Replacement. If TENEX disagrees with the CQQ (other than the net weight, which shall be finally determined under procedures agreed pursuant to Paragraph E2-1) or otherwise determines that the Natural Uranium Physically Delivered to TENEX ***** is not Conforming Material, TENEX may, prior to Acceptance, notify USEC of its disagreement, including the measurements and analytical data supporting TENEX’s position (TENEX’s notice being referred to herein as a “Rejection Notification”), and, subject to resolution of such disagreement under the procedures agreed pursuant to Xxxxxxxxx X0-0, require USEC to replace the Natural Uranium with Conforming Material, or in the case of an alleged shortage in quantity, to make up the shortfall. The manner in which replacement shall be made, and the deadline by which replacement shall be made, shall be included in the procedures agreed pursuant to Xxxxxxxxx X0-0. USEC shall bear all costs of replacement to the point of Delivery.
