Rejection by Buyer. If the Goods are not delivered or Services are not performed as set out in the Agreement, or if Buyer finds the Goods and/or Services to be unsatisfactory in accordance with Section 11, then Buyer may reject the Goods and/or Services (“Rejected Goods and/or Services”) and may, in its sole discretion: (i) require Seller to provide replacement of such Goods and/or Services (the “Replacement Goods and/or Services”), in which case Seller shall promptly deliver the Replacement Goods and/or Services to Buyer on the original terms and conditions, except that if the price for the Replacement Goods and/or Services at the time they are ordered is less than the Price, Buyer shall have the benefit of the lower price; or (ii) terminate the Agreement, in whole or in part, in which case Buyer shall have no obligations to Seller, other than for that part of the Price reasonably corresponding to those Goods and/or Services that were accepted by Buyer. Seller shall be responsible for all delivery costs, both to and from the Site, for Rejected Goods and/or Services and Replacement Goods and/or Services. If Services were performed, Seller will:
Rejection by Buyer. Within thirty (30) days of receipt of any shipment of Finished US Goods, Buyer shall, if it elects to do so, perform or cause to be performed samplings and tests using validated test methods described in the Regulatory Applications/Approvals to determine whether the Finished US Goods in such shipment have been manufactured in conformity with applicable cGMPs Requirements and the Specifications. Any shipment of Finished US Goods not refused by Buyer on this basis within such 30-day period shall be deemed accepted by Buyer. If Buyer wishes to refuse acceptance on this basis, Buyer shall, within such 30-day period, inform Manufacturer in writing of Buyer’s refusal to accept the shipment and the reason therefore (i.e., by identifying the manner in which the manufacture of Finished US Goods in such shipment is not in conformity with applicable cGMPs Requirements and the Specifications). In the event that Buyer refuses acceptance of such shipment on such basis within such 30-day period, Manufacturer, upon confirmation of the reasons for such refusal, shall either replace the defective Finished US Goods or refund the purchase price, as Manufacturer may elect in its sole discretion. If Manufacturer and Buyer do not agree on such refusal, then any party may refer the matter for final analysis to a specialized laboratory of national reputation acceptable to both parties for the purpose of determining the results. Any determination by such laboratory shall be final and binding upon the parties. If such laboratory determines that the manufacture of Finished US Goods in such shipment is not in conformity with applicable cGMPs Requirements and the Specifications, Manufacturer shall bear all expenses of shipping and testing the shipment samples. Otherwise, Buyer shall bear all expenses of shipping and testing such shipment samples. Buyer shall not be obligated to pay for, and Manufacturer shall be responsible for all costs associated with, the delivery and destruction of properly rejected Finished US Goods. For the avoidance of doubt, the parties agree that, except pursuant to the provisions of Section 5.8 or this Section 5.9, Buyer may not return any Finished US Goods to Manufacturer. CONFIDENTIAL TREATMENT ARTICLE VI
Rejection by Buyer. All Production Units delivered under this Agreement may be rejected by the BUYER within thirty (30) days after receipt by BUYER if they do not conform to the Prototype specifications. If Production Units are not rejected within such thirty (30) days, they shall be deemed to have been accepted, subject only thereafter to claims arising under the Warranty of Production Units, set forth in Paragraph 13.
Rejection by Buyer. 6.1 All Goods and Services are subject to inspection and acceptance by Buyer, provided however that Buyer has no such inspection duty prior to use or resale. Payment by Buyer for Goods or Services delivered hereunder shall not constitute acceptance thereof. Buyer may reject any non-conforming or defective Goods or Services that do not comply with the warranties set forth at Paragraph 7.
