Common use of Rejection of Product Clause in Contracts

Rejection of Product. If Buyer reasonably determines that Products are defective, do not comply with the Specifications when delivered, or are unable to maintain their quality for the shelf life (collectively, “Unacceptable Products”), Buyer may reject and return to Supplier (at Supplier’s expense) such Unacceptable Products, and Supplier will replace them as soon as possible (not to exceed 10 days from Supplier’s receipt) with Products that meet applicable Specifications or refund the purchase price, whichever Buyer chooses, and Supplier will reimburse Buyer for its damages. Supplier will not sell or dispose of Unacceptable Products under Buyer’s name or label without Buyer’s prior written approval. In addition, if Buyer decides in its reasonable judgment that Unacceptable Products must be disposed of as waste, Supplier will reimburse Buyer for all costs of handling and disposal. Supplier will not be responsible for Unacceptable Products to the extent the unacceptability was caused by Buyer or its agents or subcontractors. Buyer may also reject and return to Supplier (at Supplier’s expense) Products that exceed the quantity ordered.

Appears in 3 contracts

Samples: Master Supply Agreement, Master Supply Agreement (Kraft Foods Group, Inc.), Master Supply Agreement (Kraft Foods Group, Inc.)

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Rejection of Product. If Buyer reasonably determines that Products are defective, do not comply with the Specifications when delivered, or are unable to maintain their quality for the shelf life (collectively, Unacceptable ProductsProducts ”), Buyer may reject and return to Supplier (at Supplier’s expense) such Unacceptable Products, and Supplier will replace them as soon as possible (not to exceed 10 days from Supplier’s receipt) with Products that meet applicable Specifications or refund the purchase price, whichever Buyer chooses, and Supplier will reimburse Buyer for its damages. Supplier will not sell or dispose of Unacceptable Products under Buyer’s name or label without Buyer’s prior written approval. In addition, if Buyer decides in its reasonable judgment that Unacceptable Products must be disposed of as waste, Supplier will reimburse Buyer for all costs of handling and disposal. Supplier will not be responsible for Unacceptable Products to the extent the unacceptability was caused by Buyer or its agents or subcontractors. Buyer may also reject and return to Supplier (at Supplier’s expense) Products that exceed the quantity ordered.

Appears in 1 contract

Samples: Master Supply Agreement

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