Rejection of Goods or Services.
11.1 If any Goods or Services fail to conform with any aspect of the PO or the warranties and representations given by Supplier under the Contract, Xxxxx Xxxxx may at its option:
(a) reject the Goods or Services by notice to Supplier;
(b) withhold payment until the failure has been remedied;
(c) attempt, at the risk and expense of Supplier, to rectify any or all deficiencies in the Goods or Services;
(d) require Supplier to provide replacement Goods or Services at no cost to Xxxxx Xxxxx; and/or
(e) require Supplier to repay any amounts paid by Xxxxx Xxxxx for the rejected Goods or Services.
11.2 Upon rejection of Goods, Supplier must, at its sole expense, immediately remove the Goods from Kraft Heinz’s premises, failing which Xxxxx Xxxxx may, at Supplier’s sole risk and expense return the Goods to Supplier or, where the Goods are not in a suitable condition to be returned (in the opinion of Xxxxx Xxxxx reasonably held), have them destroyed at Supplier’s expense.
Rejection of Goods or Services. All goods or services purchased herein are subject to approval by IUC-PG. Any rejection of goods or services resulting because of nonconformity to the terms and specifications of the Contract, whether held by the buyer or returned, will be at the Contractor’s risk and expense.
Rejection of Goods or Services. After award, the Buyer or authorized County representative shall have the option of rejecting or refusing delivery of any and all goods or services which are not in strict conformity with the requirements of the specification and the bid. All rejected goods or services shall be promptly replaced or re-performed and be subject to approval by the County. All replacement goods and services shall be provided at the Contractor’s own expense.
Rejection of Goods or Services. (a) At any time prior to or after Delivery, should Port Authority consider that the Good or Service (or any part thereof) is not provided in accordance with this Agreement, Port Authority may provide a notice of rejection, stating that Port Authority elects to either:
(i) require Supplier within 10 Business Days (or such other period as Port Authority sees fit) to remedy the failure and rectify or replace the relevant Good or Service at no cost to Port Authority such that it fully complies with the Agreement; or
(ii) accept the Good or Service, in which case the Port Authority may still elect to recover:
(A) damages against Supplier or set-off against the Contract Price, or any other amount payable to Supplier by Port Authority whether under the Agreement or otherwise, an amount reasonably determined by Port Authority to represent the reduction in the value of the Good or Service; and/or
(B) the costs of Port Authority having others (including third parties) rectify the defective Good or provide a replacement Service, which will be a debt due and immediately payable by Supplier to Port Authority upon demand.
(b) If Supplier receives a notice of rejection under clause 7(a)(i), Supplier must, within 10 Business Days (or such other time period notified by Port Authority under the notice), remedy the failure and rectify or replace the relevant Good or Service at no cost to Port Authority such that it fully complies with the Agreement.
(c) If Supplier fails to remedy the failure to the satisfaction of Port Authority in accordance with clause 7(b), Port Authority may, without limiting its other rights, immediately terminate the Agreement in accordance with clause 17.1 and/or have others (including third parties) rectify the defective Good or provide a replacement Service at Supplier’s cost as a debt due and immediately payable by Supplier to Port Authority.
(d) Signed delivery dockets are not evidence that a Good has been Accepted or rejected by Port Authority.
(e) The rights and remedies of Port Authority pursuant to this clause 7 are in addition to any other rights and remedies of Port Authority at law. Neither acceptance of a Good or Service, nor any payment made under the Agreement, will be construed as:
(i) in any way limiting Supplier’s responsibility to provide all Goods or Services in accordance with the requirements of the Agreement;
(ii) an acknowledgement by Port Authority that Supplier has complied with its obligations under the Agreement; or
(iii) a...
Rejection of Goods or Services. After award, Cascade or authorized Cascade representative shall have the option of rejecting or refusing delivery of any and all goods, services or work which are not in strict conformity with the requirements of the Contract Documents. All rejected work, goods or services shall be promptly replaced or re-performed and be subject to approval by Cascade. All replacement goods and services shall be provided at the Contractor’s own expense.
Rejection of Goods or Services. 11.1 If any Goods or Services fail to conform with any aspect of the PO or the warranties and representations given by Supplier under the Contract, Xxxxx Xxxxx may at its option:
(a) reject the Goods or Services by notice to Supplier;
(b) withhold payment until the failure has been remedied;
(c) (c) require Supplier to provide replacement Goods or Services at no cost to Xxxxx Xxxxx; and/or
(d) require Supplier to repay any amounts paid by Xxxxx Xxxxx for the rejected Goods or Services.
11.2 Upon rejection of Goods, Supplier must, at its sole expense, immediately remove the Goods from Kraft Heinz’s premises, failing which Xxxxx Xxxxx may, at Supplier’s sole risk and expense return the Goods to Supplier or, where the Goods are not in a suitable condition to be returned (in the opinion of Xxxxx Xxxxx reasonably held), have them destroyed at Supplier’s expense.
Rejection of Goods or Services. All goods or services purchased herein are subject to approval by Kent State University. Any rejection of goods or services resulting because of nonconformity to the terms and specifications of the contract, whether held by the buyer or returned, will be at the proposer’s risk and expense.
