Rejection of Nonconforming Goods. The State reserves the right to reject all nonconforming goods, and to cause their return for credit or replacement, at the State's option. Contract deliverables specified for procurement of services shall be construed to be work product, and subject to the provisions of this Section.
Rejection of Nonconforming Goods. Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind this Agreement in its entirety; or (b) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, [promptly/within [NUMBER] days] replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under this Agreement, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
Rejection of Nonconforming Goods. Except where this Agreement may expressly provide otherwise, the Commercial Code as codified under the laws of the State of Utah shall govern. Claims for shortages or any rejection of goods for nonconformity with the “Specifications Compliance” and “Goods Conformance” section of the Seller’s Terms and Conditions, must be reported within twenty- four (24) hours to Company (which is the “Seller”) and must be made to Seller in writing within five (5) days after delivery of shipment (which the Parties agree is a reasonable time) or claim shall be conclusively waived. The notification shall state the basis of the alleged nonconformity and a description of the portion of the shipment being rejected. Within five (5) days following the notification, the Seller may have an agent inspect the goods for nonconformity.
Rejection of Nonconforming Goods. Buyer may, at its option, reject any Goods that fail to conform strictly to the requirements of this Contract. If Buyer rejects any Goods, Buyer may elect to, without any liability to Seller, at no charge to Buyer, and at Seller’s cost and expense (i) require Seller to immediately replace the Goods; (ii) purchase similar Goods from another source and reduce the quantities of the Goods under this Contract (and any corresponding payment); and/or (iii) exercise any other right(s) provided to Buyer in this Contract or available at Law. Xxxxxx agrees that Seller will not charge Buyer, and Xxxxx has no obligation to pay Seller, to make repairs to, or replacements of, any nonconforming Goods. Seller will be liable for all liabilities, damages, losses, costs and expenses associated with Buyer’s rejection of the Goods, including, without limitation, any costs associated with inspecting, sorting, testing, repairing or replacing Goods, transportation, or effecting cover. Nonconforming Goods shall not be replaced without Xxxxx’s written permission. Nonconforming Goods will be held by Xxxxx for disposal in accordance with Seller’s instructions at Seller’s risk. Seller’s failure to provide written instructions within five (5) days, or such shorter period as may be commercially reasonable under the circumstances, after notice of nonconformity, shall entitle Buyer, at Buyer’s option, to charge Seller for storage and handling, or to dispose of the Goods, without liability to Seller.
