Common use of Rejection by Buyer Clause in Contracts

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 13, 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 will 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 will have the benefit of the lower price; or (ii) terminate the Agreement, in whole or in part, in which case Buyer will 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 Xxxxx. Seller will 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: (a) remove its machinery, equipment and supplies from the Site; and (b) if required by Buyer, remove or discontinue the Services performed. If the foregoing is not complete within seven business days then Buyer may complete such removal without liability and at Seller’s expense.

Appears in 3 contracts

Samples: Purchase Order Terms and Conditions, Purchase Order Agreement, Purchase Order Agreement

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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 1311, 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 will 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 will shall have the benefit of the lower price; or (ii) terminate the Agreement, in whole or in part, in which case Buyer will 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 XxxxxBuyer. Seller will 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: : (a) remove its machinery, equipment and supplies from the Site; and and‌ (b) if required by Buyer, remove or discontinue the Services performed. If the foregoing above is not complete within seven business days then Buyer may complete such removal or dismantling without liability and at Seller’s expense.

Appears in 2 contracts

Samples: Purchase Order Agreement, Purchase Order Agreement

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 13, 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 will 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 will have the benefit of the lower price; or (ii) terminate the Agreement, in whole or in part, in which case Buyer will 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 XxxxxBuyer. Seller will 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: will (a) remove its machinery, equipment and supplies from the Site; and (b) if required by Buyer, remove or discontinue the Services performed. If the foregoing is not complete within seven business days days, then Buyer may complete such removal without liability and at Seller’s expense.

Appears in 1 contract

Samples: Purchase Order Agreement

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 13, 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 will 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 will have the benefit of the lower price; or (ii) terminate the Agreement, in whole or in part, in which case Buyer will 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 XxxxxBuyer. Seller will be responsible for all delivery costs, both to and from the Site, for Rejected Goods and/or Services and Replacement Goods and/or Services. Services.‌ If Services were performed, Seller will: (a) remove its machinery, equipment and supplies from the Site; and (b) if required by Buyer, remove or discontinue the Services performed. If the foregoing is not complete within seven business days then Buyer may complete such removal without liability and at Seller’s expense.

Appears in 1 contract

Samples: Purchase Order Agreement

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 1311, 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 will 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 will shall have the benefit of the lower price; or (ii) terminate the Agreement, in whole or in part, in which case Buyer will 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 Xxxxx. Seller will 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: : (a) remove its machinery, equipment and supplies from the Site; and and‌ (b) if required by Buyer, remove or discontinue the Services performed. If the foregoing above is not complete within seven business days then Buyer may complete such removal or dismantling without liability and at Seller’s expense.

Appears in 1 contract

Samples: Purchase Order Agreement

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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 13, 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 will 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 will have the benefit of the lower price; or (ii) terminate the Agreement, in whole or in part, in which case Buyer will 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 XxxxxBuyer. Seller will 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: (a) remove its machinery, equipment and supplies from the Site; and (b) if required by Buyer, remove or discontinue the Services performed. If the foregoing is not complete within seven business days then Buyer may complete such removal without liability and at Seller’s expense.and

Appears in 1 contract

Samples: Purchase Order Agreement

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 1311, 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 will 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 will shall have the benefit of the lower price; or (ii) terminate the Agreement, in whole or in part, in which case Buyer will 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 XxxxxBuyer. Seller will 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: : (a) remove its machinery, equipment and supplies from the Site; and and (b) if required by Buyer, remove or discontinue the Services performed. If the foregoing above is not complete within seven business days then Buyer may complete such removal or dismantling without liability and at Seller’s expense.

Appears in 1 contract

Samples: Purchase Order Agreement

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