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 10 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 similar Products of equal value.
Rejection of Products a.- Without prejudice to any other rights of rejection that may be available to the Purchaser in accordance with applicable law, the Purchaser shall be entitled to reject the products or any part thereof in the event that the products do not comply with Clauses 5 and 6 hereinabove.
Rejection of Products. Company 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 the Product List or is otherwise defective in material and workmanship. Any Product not properly rejected within ninety (90) days after receipt of that Product by Company (the "Rejection Period") shall be deemed accepted. If any unit of a Product is shipped by Company to any of its customers prior to expiration of the Rejection Period, then that unit shall be deemed accepted upon shipment by Company. To reject a Product, Company shall, within the Rejection Period, notify Manufacturer in writing or by telex of its rejection and request a Material Return Authorization ("MRA") number. Manufacturer shall provide the MRA number in writing or by telex to Company within fifteen (15) days after receipt of the request. Within fifteen (15) days after receipt of the MRA number, Company shall return to Manufacturer the rejected Product, freight prepaid, in its original shipping carton with the MRA number displayed on the outside of the carton. Provided that Manufacturer has complied with its obligations in this Subsection 2(k), Manufacturer reserves the right to refuse to accept any rejected Products that do not bear an MRA number 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 the shipping charges back to Company for properly rejected Products; otherwise, Company shall be responsible for the shipping charges. If, after being requested by Company, Manufacturer fails to timely issue an MRA, or promptly replace or correct any defective item, then Buyer (i) may, by contract or otherwise, replace or correct such item and charge to Manufacturer the cost occasioned thereby, (ii) may require an appropriate reduction in price for such defective Product.
Rejection of Products. 5.1 For the purposes of this clause, the following Products are deemed to be "Defective Products":
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.
Rejection of Products. The parties agree that:
Rejection of Products. (i) DISTRIBUTOR shall inspect all Products promptly upon receipt thereof and may reject any Product that fails in any material way to meet the then-current specifications for such Product. Any Product not properly rejected within [*] days of receipt of such Product by DISTRIBUTOR (the “Rejection Period”) shall be deemed accepted. To reject a Product, DISTRIBUTOR shall, within the Rejection Period, notify COMPANY of its rejection and request a Material Return Authorization (“MRA”) number. COMPANY shall provide the MRA number to DISTRIBUTOR within seven (7) days of receipt of the request. Within seven (7) days of receipt of the MRA number, DISTRIBUTOR shall return to COMPANY the rejected Product, freight collect, with the MRA number displayed on the outside of the carton. COMPANY reserves the right to refuse to accept any rejected Products that do not bear an MRA number on the outside of the carton. As promptly as possible but no later than [*] working days after receipt of properly rejected Products, COMPANY shall, at its option and expense, either replace the Products or refund DISTRIBUTOR’s original fully landed purchase price for the Products. COMPANY shall pay the cost of shipping charges incurred by DISTRIBUTOR for properly rejected products.
