Rejection of Non-Conforming Goods. Mylan shall have a period of thirty (30) calendar days from the later of (a) the date of Mylan’s receipt of the Product at the designated Mylan facility, or (b) the date of Mylan’s receipt of the COAs and COCs applicable to such Product, to inspect any shipment of Product to determine whether such Product conform to the Specifications. If Mylan determines that the Product does not conform to the Specifications, it shall immediately notify Insys. Mylan’s failure to notify Insys of the non-conformity within the thirty (30) calendar day period specified above will be deemed for purposes of this Agreement as Mylan’s acceptance of such Product, and shall constitute a waiver of any claims Mylan may have with respect to the non-conformity of such shipment to the Specifications, subject to Mylan’s right to reject Product for latent defects discovered by Mylan or Mylan’s customers after such period has expired. If Insys agrees that the Product does not conform to the Specifications, Mylan shall return the non-conforming Product to Insys at a location designated by Insys and at Insys’ expense. Insys shall use Commercially Reasonable Efforts to replace any non-conforming Product within the shortest possible time. Mylan shall have no responsibility to Insys for the amounts invoiced for the replacement Product, but shall pay Insys the applicable amounts for the original non-conforming Product.
Rejection of Non-Conforming Goods. Topcon or its designee shall have a period of thirty (30) days (the “Acceptance Period”) from the date of delivery of each shipment of Products to inspect such shipment of Products to determine whether (a) such shipment conforms to the amounts and models under the applicable Order and (b) there is any apparent irregularities with respect to the cartons. For clarity, the inspection rights under this Section 3.5.2 is limited to visual inspection, and Topcon or its designee is not required to open the cartons or inspect whether each shipment conforms with the warranties given by Iridex in Section 9.1. During the Acceptance Period, if Topcon or its designee determines, in its sole discretion, that a Product is a Nonconforming Product, or the delivered Products exceed the amount of Products as requested for in the applicable Order (“Excess Products”), it shall notify Iridex, and Iridex may, at its option, upon reasonable prior notice to and in consultation with Topcon (including with respect to any charges below for which Topcon may seek reimbursement from Iridex), (x) if such Products are Nonconforming Products, either (i) accept return of the Nonconforming Products for a refund plus any reasonable inspection, test, shipping, handling and transportation charges actually paid by Topcon in accordance with this Agreement, (ii) promptly correct or replace such Products, or (y) Topcon may, at its option, if such Products are Excess Products, (1) return such Excess Products for a refund, plus any reasonable inspection, test, shipping, handling and transportation charges actually paid by Topcon in accordance with this Agreement, or (2) retain such Products. In each case the exercise by Topcon of any other rights available to Topcon or its Affiliates under this Agreement or pursuant to Applicable Law shall not be limited. Any failure to notify Iridex of the non-conformity within such thirty (30) day period specified above will be deemed for purposes of this Agreement to constitute acceptance of such shipment; provided, however, that such acceptance shall be subject to the right to reject Product for latent Defects discovered by Topcon or its designee pursuant to Section 3.5.3 below.
Rejection of Non-Conforming Goods. Purchaser shall have the right, in addition to exercising all other rights Purchaser may have under the Uniform Commercial Code and any other applicable Law, to reject Goods as non-conforming or defective, and at Purchaser’s option: (a) retain the non-conforming or defective Goods in whole or in part with an appropriate adjustment in the price for the Goods; (b) require Seller to reperform , repair or replace the non-conforming or defective Goods within twenty-four (24) hours of Purchaser’s notice thereof, at Seller’s sole expense, including all shipping, transportation, and installation costs; and/or (c) correct or replace the non-conforming or defective Goods with similar items and recover all costs relating thereto from Seller.
Rejection of Non-Conforming Goods. Purchaser may reject any Goods if they do not comply with the specification for the materials or terms and conditions hereof or are otherwise nonperforming or nonfunctioning. Purchaser's acceptance of any non-conforming Goods shall not constitute a waiver of its right to reject future deliveries. Purchaser may elect to remedy any defect in the Goods delivered and Seller shall reimburse Purchaser for all reasonable costs and expenses thereof. Seller may not substitute returned or rejected Goods without Purchaser's written instructions and agreement. Purchaser may reject any Goods that do not comply with the specifications for materials and warranties of Seller and manufacturers, and Purchaser may reject any defective Goods, either before or after incorporation of them into any project, within eighteen (18) months of the date the Goods are accepted or twelve (12) months from the date of commercial operation, whichever is longer, or such other time as may be specified on the Purchase Order. Purchaser may return the rejected Goods at Seller's expense; F.O.B. Purchaser's designated delivery location. At Purchaser's option, Seller must replace the rejected Goods with Goods complying with the specifications and
Rejection of Non-Conforming Goods. Purchaser may reject any Goods if they do not comply with the specification or terms and conditions hereof. Purchaser's acceptance of any non-conforming Goods shall not constitute a waiver of its right to reject future deliveries. Purchaser may elect to remedy any defect in the Goods delivered and Seller shall reimburse Purchaser for all reasonable costs and expenses thereof. Seller may not substitute returned or rejected Goods without Purchaser's written instructions and agreement. Purchaser may reject any Goods that do not comply with the specifications for materials and warranties of the Seller and manufacturers, and the Purchaser may reject any
Rejection of Non-Conforming Goods. Prologis shall have the right, in addition to exercising all other rights Prologis may have under the Uniform Commercial Code and any other applicable Law, to reject Goods as non-conforming or defective, and at Prologis’s option: (a) retain the non-conforming or defective Goods in whole or in part with an appropriate adjustment in the price for the Goods; (b) require Seller to reperform , repair or replace the non-conforming or defective Goods within twenty-four (24) hours of Prologis’s notice thereof, at Seller’s sole expense, including all shipping, transportation, and installation costs; and/or (c) correct or replace the non-conforming or defective Goods with similar items and recover all costs relating thereto from Seller.
Rejection of Non-Conforming Goods. In a CIF contract the right to reject the documents is distinct from the right to reject the goods. The right to reject the documents arises when the documents are tendered, and the right to reject the goods arises when they are landed and when after examination they are not found to be in conformity with the contract. When the goods or the documents are rejected on valid grounds and the seller is not able to cure the defect, the buyer can treat the contract as repudiated and claim damages for non-delivery. However, the buyer must be aware that the right to reject the documents is lost when he or the bank which advises a letter of credit takes up the documents, even if inaccurate, and pays against them without objection. The documents are inaccurate if they disclose a defect to a person who reads them or could have read them. Hence by taking up the documents and paying for them, they are precluded afterwards from complaining of the late shipment or of a defect in the bill of lading. The particular qualities of the CIF contract do not prevent the buyer from rejecting the goods when, on delivery and inspection, he finds that they are not in accordance with the terms of the contract. The payment of the purchase price on delivery of the shipping documents is subject to the condition subsequent that the goods are in accordance with the terms of the contract of sale. If they fall short in that respect, the condition is discharged and the position is the same as in every other contract of sale. If the agreement of the parties as to the quality of the goods was a condition of the contract of sale and not merely a warranty, the buyer may terminate the contract and recover the purchase price. The buyer's has a right to inspect and examine the goods. It must be noted, however, that the loss of the right to reject the documents does not mean that the buyer has lost the right to reject the goods after their arrival on the ground that they do not conform to the specification in the contract. The exercise of the right to reject the goods is one which the buyer is entitled to postpone until the goods arrive. He can make up his mind then to exercise the right as it suits him best. He may lose his right meanwhile if he deals with the goods or documents so as to disable himself from restoring title or by actual waiver. The rejection must be "clear and unequivocal" it must indicate that the buyer wants to have nothing to do with the documents or goods. If it is couched in amb...
Rejection of Non-Conforming Goods. The Principal may reject any Goods that are supplied in a damaged condition, are defective or that do not meet the requirements of this Agreement. If the Principal does so, the Contractor must promptly:
.1 without further cost to the Principal replace the rejected Goods with Goods conforming to this Agreement; .2 refund or credit to the Principal all money paid or payable by the Principal to the Contractor in relation to the rejected Goods; or
Rejection of Non-Conforming Goods. Semnur shall have a period of forty-five (45) calendar days from the date of Semnur’s receipt of the Product and the CoA or the equivalent instrument recognized by the applicable Regulatory Authority for such Product, at the designated Semnur facility, to further inspect and test any shipment of Product to determine whether such shipment conforms to the Specifications and Applicable Law. If Semnur determines that the Product(s) do not conform to the Specifications or Applicable Law, it shall notify Genzyme, and, if requested by Genzyme, Semnur shall ship a sample of such non-conforming Product to Genzyme at Genzyme’s expense. Semnur’s failure to notify Genzyme of the non-conformity within the forty-five (45) calendar day period specified above will be deemed for purposes of this Supply Agreement to constitute Semnur’s acceptance of such shipment, provided, however, that such acceptance shall be subject to Semnur’s right to reject Product(s) due to latent defects discovered by Semnur or Semnur’s customers after such forty-five (45) calendar day period has expired by providing Genzyme with written notice of such latent defect within forty-five (45) calendar days of Semnur’s becoming aware of such defect, provided however that any latent defect(s) must be reported prior to the Product’s expiration date.
Rejection of Non-Conforming Goods. Where Packer has failed to produce Bottled Products in compliance with Packer’s warranty or where the Bottled Products deviate from the Company’s Specifications, the Company may reject such non-complying Bottled Product by written notice specifying discrepancies for which the Bottled Product is being rejected. To the extent the Bottled Product is being rejected due to an act or omission solely caused by Packer, Packer shall, at its expense and under Company supervision, promptly recall, if necessary, any rejected Bottled Products. If the Bottled Product is being rejected for any other reason than stated above, Packer shall, at Company’s expense, promptly recall, if necessary, and destroy any rejected Bottled Product and Company shall reimburse or credit Packer for all direct and reasonable costs, including but not limited to the Packing Fees. All non-conforming Bottled Products, except for short-coded Bottled Products, shall be destroyed. Company may accept or reject any and all expired Bottled Products, but if the Company accepts any expired Bottled Product, Company expressly agrees to accept said Bottled Products on the same terms and conditions contained within this Agreement. Any expired Bottled Product that is rejected shall be destroyed at the Company’s sole expense.
