Rejection of Products Sample Clauses

Rejection of Products. 8.1 The Purchaser shall have until the expiry of the Acceptance Period to conduct testing of the Products as the Purchaser deems appropriate. The Purchaser may reject any and all defective Products or Products which fail to comply with the Acceptance Standards. On or before the expiry of the Acceptance Period, the Purchaser may notify the Supplier if any of the Products are defective or fail to conform to the Acceptance Standards or otherwise do not comply with the terms hereof. In the event that the Products are defective or fail to conform to the Acceptance Standards, the Purchaser may, at their option, acting in their absolute discretion, require the Supplier to provide replacement Products or to rectify any such defects or failure. If the Purchaser requests the Supplier to rectify defects the Acceptance Period shall be extended until twenty (20) days after the date upon which the Supplier has rectified the defects. If, upon expiry of the Acceptance Period, including any extension thereof on account of rectification of defects, Acceptance has not occurred, the Purchaser shall return the Products to the Supplier at the Supplier’s sole expense and risk. 8.2 Acceptance shall not prejudice any rights of the Purchaser under the Agreement or in law in respect of defective Product, regardless of any verification of Acceptance or other document executed by the Purchaser. The making or failure to make any inspection of, or payment for, the Products covered by the Agreement shall in no way impair the Purchaser’s right to reject non-conforming or defective Products, nor be deemed to constitute Acceptance by the Purchaser of the Products, nor affect in any way the Supplier’s obligations under the Agreement nor the Supplier’s liability for Products that are defective or fail to meet the Acceptance Standards or from any consequences resulting therefrom, notwithstanding the Purchaser’s opportunity to inspect the goods or services, the Purchaser’s knowledge of the non-conformity or defect, its substantiality or the ease of its discovery, nor the Purchaser’s earlier failure to reject any Product.

Rejection of Products. All Products shipped for replacement under this provision will be new unless otherwise agreed. FUJI XEROX shall inspect all Products promptly upon receipt thereof and may reject any Product that fails in any material way to meet the specifications set forth in AUSPEX's current brochure for that Product. AUSPEX will provide new replacement Products with no charge to FUJI XEROX, if FUJI XEROX finds the Products defective within thirty (30) days from the date of shipment to the end-users ( "Rejection Period") Any Product not properly rejected within the "Rejection Period" shall be deemed accepted on the earlier of the end of the Rejection Period or acceptance of the Product by FUJI XEROX's customer. If any unit of a Product is shipped by FUJI XEROX to its customer prior to expiration of the Rejection Period, then that unit shall be deemed accepted upon receipt by FUJI XEROX unless or until a separate procedure is established between AUSPEX and FUJI XEROX to reject a separate Product. In any case, FUJI XEROX shall, within the Rejection Period, notify AUSPEX in writing or by telecopy of its rejection and request a Return Material Authorization number ("RMA number"). AUSPEX shall provide the RMA number in writing (which may be by email or telecopy) to FUJI XEROX within four (4) working days after receipt of the request. Within 21 days after receipt of the RMA, FUJI XEROX shall return to AUSPEX the rejected Product, freight prepaid, in its original shipping carton with the RMA number displayed on the outside of the carton. As promptly as practicable but no later than twenty (20) working days after receipt by AUSPEX of properly rejected Products, AUSPEX shall, at its option and expense, take reasonable steps to either repair or replace the Products. In case AUSPEX considers it difficult to repair the returned Product within the twenty (20) working day period, AUSPEX shall, within seven (7) working days after receipt of the returned Product, notify FUJI XEROX thereof with reason for the delay and estimated date of completion of the repair and obtain FUJI XEROX's approval of such delay, which approval shall not be unreasonably withheld. In such case, AUSPEX shall provide FUJI XEROX with replacement Product at no charge. If, after the exercise of reasonable efforts, AUSPEX is unable to repair or replace the Product, FUJI XEROX shall be relieved of its payment obligation for such defective Product and AUSPEX shall refund any payments made by FUJI XEROX for it, and AUS...

Rejection of Products. In addition to any other rights specifically provided elsewhere in this Agreement, if Products do not conform to this Agreement, Buyer may: (a) reject the non- conforming or defective Products, (b) require Supplier, at Supplier’s risk and expense (including applicable shipping, labor, and materials costs), to either repair or replace the nonconforming Products, and/or (c) require Supplier to implement at Supplier’s expense, containment, inspection, sorting, and other quality assurance procedures. If, after reasonable notice, Supplier fails to promptly repair or replace nonconforming or defective Products or Services, Buyer may repair or replace the nonconforming or defective Products or services and charge all related costs to Supplier without voiding the warranties in this Agreement and without Buyer waiving any other rights or remedies.

Rejection of Products. Unless otherwise stated in a specific Product Attachment, within thirty (30) business days from the receipt of a Product, OCD may reject such Product supplied hereunder which does not conform to the Product Requirements or fails OCD’s Incoming Testing criteria. Any claims for failure to so conform or for such defects (“Claims”) shall be made by OCD in writing to SNBTS, indicating the non-conforming characteristics of the Products. At the request and expense of SNBTS, OCD shall return the defective Product, or a representative sample thereof, to SNBTS for testing. Upon receipt by SNBTS of such Claim, and unless otherwise stated in a specific Product Attachment, SNBTS shall have thirty (30) business days to inspect Products and to provide a written response to OCD regarding such Claim. OCD shall have no obligation to pay for any Products that are subject to Claims. Should SNBTS’ test results reasonably confirm the Product’s non-conformance to the Product Requirements or to OCD’s Incoming Testing criteria, SNBTS shall, at OCD’s option and as promptly as possible after submission of a claim by OCD, (i) if payment has already been made by OCD, provide OCD with a refund of the full amount paid by OCD for such Products or issue OCD a credit against future xxxxxxxx equal to the full amount paid by OCD for such Products or (ii) replace such defective or non-conforming Products. SNBTS, at its option, may require that OCD (i) return Products that are the subject of Claims to SNBTS or (ii) dispose of Products that are the subject of Claims. SNBTS shall pay for all shipping costs of returning Products that are the subject of Claims or for all disposal costs incurred by OCD in connection with the disposal of Products that are the subject of Claims. In the event SNBTS requests that Products that are the subject of Claims be returned to SNBTS, SNBTS shall bear the risk of loss for such Products from the time such Products are picked up at OCD’s premises (or other site at which they may be located) for return delivery.

Rejection of Products. Distributor shall inspect all Products promptly upon receipt thereof and may reject any Product that fails in any material way to meet the specifications set forth in Manufacturer’s current published specifications for that Product. Any Product not properly rejected within thirty (30) days after receipt of that Product by Distributor (“Rejection Period”) shall be deemed accepted. Sterile Products must be accepted or rejected within 30 days after shipment to customer from Distributor’s warehouses, but in no event later than its sterile expiration date. The sterile expiration date of a sterile Product shall not be earlier than 5 months from the end of the labeled shelf life of the Product and in any event no less than 13 months from Distributor’s receipt of said sterile Product. To reject a Product, Distributor shall, within the Rejection Period, notify Manufacturer in writing of its rejection and request a Return Goods Authorization (“RGA”) number. Manufacturer shall use its best efforts to provide the RGA number in writing to Distributor within fifteen (15) days after receipt of the Distributor’s request. Within ten (10) days after receipt of the RGA number, Distributor shall return to Manufacturer the rejected Product, freight prepaid, in its original shipping carton or container with the RGA number clearly displayed on the outside of the carton or container. Provided that Manufacturer has complied with its obligations in this Subsection 3(i), Manufacturer reserves the right to refuse to accept any rejected Product that does not bear an RGA number clearly displayed on the outside of the carton. As promptly as possible, but no later than thirty (30) working days after receipt by Manufacturer of properly rejected Products, Manufacturer shall, at its option and expense, either repair or replace the Products. Manufacturer shall pay, or reimburse, all reasonable shipping charges for properly rejected Products; otherwise, Distributor shall be responsible for the shipping charges. Delivery via commercial carrier, the post office or facsimile (“FAX”) shall be considered acceptable means of written notification for the above purposes.

Rejection of Products. Distributor shall inspect all Products promptly within 20 days of receipt. Distributor shall reject any Products in which the integrity of product sterility has been violated. Upon product rejection or product failure, Distributor shall notify EndoSonics and request a Returned Goods Authorization ("RGA") number. Only upon receipt of an RGA number, Distributor shall return to EndoSonics the rejected or failed Products, freight prepaid, in its original shipping carton with the RGA number displayed on the outside of the carton. Upon receipt of failed Products, EndoSonics will test such Products for failure analysis. If specific failure is observed, EndoSonics will, at its expense, replace failed Products with the same or substantially the same Products of equal value.

Rejection of Products. The parties agree that: (a) Annie’s or a Designee, as the case may be, may reject and refuse to pay for Products that (i) do not fully comply with the Specifications or were not manufactured in accordance with the Specifications, (ii) have been damaged during storage or handling prior to being shipped from DC’s facility(ies) or (iii) are not in compliance with the other terms and conditions of this Agreement (“Properly Rejected Product”). (b) If DC has received payment for Properly Rejected Products, Annie’s shall provide DC a statement which includes substantiating documentation, for the cost of such Properly Rejected Products and for any freight, handling or other reasonable disposition costs or expenses incurred by Annie’s in connection with such Properly Rejected Products, and Annie’s shall receive credit from DC within thirty (30) days of such invoice. (c) Annie’s or a Designee, as the case may be, may reject and refuse to pay for Products that have been produced and packaged during a particular production run if quality assurance samples from that production run do not conform to the Specifications or were not manufactured in accordance with the Specifications or are otherwise not in compliance with the terms and conditions of this Agreement. Following return of the rejected Products to DC, if the Parties mutually agree that such rejection of Products by Annie’s or a Designee was unwarranted, Annie’s shall reimburse DC for the reasonable and documented costs incurred by DC for transportation of such rejected Products to DC and inspection and testing thereof.

Rejection of Products. 5.1 For the purposes of this clause, the following Products are deemed to be "Defective Products": (a) Products having any defect or not conforming to Product specifications or the requirements of Silver Fern Farms; (b) Products supplied to Silver Fern Farms that Silver Fern Farms did not order; (c) Products supplied in a different quantity than ordered unless agreed to in writing by Silver Fern Farms; or (d) Products not delivered as required under this Agreement unless agreed to in writing by Silver Fern Farms. 5.2 Silver Fern Farms may, at its sole discretion: (a) reject Defective Products in whole or in part; or (b) require the Supplier to replace or re-perform Defective Products. 5.3 Silver Fern Farms must notify the Supplier of the reasons why Defective Products have been rejected. 5.4 If Silver Fern Farms rejects any of the Defective Products. Silver Fern Farms: (a) will return the rejected Defective Products to the Supplier at the Supplier's cost; and (b) is not required to pay for the Defective Products and the Supplier must immediately refund any payments made by Silver Fern Farms for the Defective Products without any set off or deduction.

Rejection of Products. The parties agree that: (i) Annie’s may reject and refuse to pay for Products within [***] days of delivery, which (a) do not fully comply with the Specifications; (b) have been damaged during storage or handling prior to being shipped FOB Xxxxx Luna’s Primary Facility; (c) have been damaged during shipping if delivered to Annie’s designated primary warehouse, currently D2000; or (d) are not in compliance with the other terms and conditions of this Agreement. (ii) if Annie’s has previously paid Xxxxx Xxxx for Products which are later rejected by Annie’s, Annie’s shall invoice Xxxxx Xxxx, including all supporting documentation, for the cost of such rejected Products and for any freight, handling or other disposition costs or expenses incurred by Annie’s in connection with such rejected Products, and shall receive credit from Xxxxx Xxxx within 30 days of such invoice; (iii) Annie’s may reject and refuse to pay for Products which have been produced and packaged during a particular production run if quality assurance samples from that production run do not conform to the Specifications or are otherwise not in compliance with the terms and conditions of this Agreement; and (iv) any material, work-in-process or Products rejected by Annie’s shall be disposed of by Xxxxx Xxxx at Xxxxx Luna’s cost and expense.

Rejection of Products. Other than notice provided pursuant to Section 5.1, if following delivery any Product fails to conform to the Specifications, Aphria may reject such Product (a “Rejected Product”) within five (5) days after receipt thereof. Aphria will provide written notice to Aphria Diamond of any Rejected Product within such five (5) day period setting out in reasonable detail how such Rejected Product fails to conform to the Specifications. Aphria Diamond shall not charge Aphria for any Rejected Product or shall reimburse or credit the cost to Aphria of any Rejected Product that may already have paid by Aphria. If Aphria fails to deliver a notice regarding Rejected Product within five (5) days of receipt thereof, the Product shall be deemed to be accepted by Aphria. All Products accepted by Aphria, whether accepted following the replacement by Aphria Diamond or the resolution pursuant to Section 6.3, will be invoiced by Aphria Diamond to Aphria at the Price Per Gram. Other than the remedy set forth in Section 5.1, the provisions of this Section shall be Aphria’s sole remedy with respect to the Rejected Product.