Rejection of Shipment Sample Clauses

Rejection of Shipment. In the event a shipment has been rejected, in whole or in part, after delivery, the seller is responsible for all freight charges to recover the rejected shipment. Seller’s failure to retrieve a rejected shipment within 30 calendar days after notification of rejection may incur a storage cost not to exceed $1.25 per cubic foot of required storage space per calendar day after the initial 30 day period.
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Rejection of Shipment. Unless otherwise specified in the applicable Confirmation, this Clause 5.2 shall apply to all Shipments or any part of a Shipment. In the event the Shipment or part thereof has been loaded by Buyer onto railcars or trucks (whether or not the Shipment has become commingled with other Coal not forming part of the Shipment), Buyer shall be entitled to reject all Coal loaded onto such railcars or trucks. 5.2.1 Where any of the analysis results for a characteristic in the applicable Analysis Certificate is in the Rejection Range, Buyer may issue a notice in writing to Seller within two (2) Business Days of receipt by Buyer of such Analysis Certificate, as applicable (the “Preliminary Rejection Notice”). If Buyer fails to issue such Notice in accordance with this Clause 5.2, Buyer shall waive any rights to reject that Shipment only. 5.2.2 If Buyer has issued a Preliminary Rejection Notice to Seller, the Parties shall endeavor to agree on a fair and reasonable price adjustment for the Shipment (a “Reject Coal Agreement”) which takes account of any reasonable direct costs and expenses incurred by Buyer arising out of or in connection with the analysis results in the applicable Analysis Certificate, as applicable, failing to meet the Specification. 5.2.3 The Preliminary Rejection Notice will be withdrawn where a Reject Coal Agreement has been agreed by the Parties, or the Final Results meet the Specification. 5.2.4 Where (i) the Final Results is in the Rejection Range and a Reject Coal Agreement is not agreed within three (3) Business Days of receipt of the last applicable Umpire Certificate or, alternatively, (ii) if the Shipment cannot be rendered Contamination- Free by use of commercially reasonable endeavors, then Buyer may: (a) reject the Shipment (provided that Buyer has not lost the right to do so) by giving written notice to Seller (the “Rejection Notice”); or (b) accept the Shipment by giving written notice to Seller, in which case Clause 5.2.5 and Clause 7.107.10 shall not apply and the adjustment of the price shall be submitted for resolution to an independent technical expert (the “Expert”) pursuant to Clause 21. 5.2.5 If Buyer rejects the Shipment in accordance with Clause 5.2.4(a), then on rejection: (a) provided that any payment pursuant to Clause 7.10 has been made by Seller to Buyer, risk and title to the Shipment, if already passed, shall revert to Seller, and Buyer shall arrange for re-endorsement of the Xxxx(s) of Lading to Seller; (b) no invoic...
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Rejection of Shipment. The Seller shall be liable for any and all losses and damages suffered by the Buyer resulting from the Buyer's rejection of any shipment of Coal under this Article 7, which losses and damages shall include, without limitation, any and all amounts payable by the Buyer under or in connection with the Buyer's charter of any vessel for the carriage of that shipment of Coal, her voyage to the Port of Loading and any and all amounts payable to the port authorities in that regard. Without prejudice to the foregoing, if the Buyer rejects a shipment of Coal under this Article 7 after the vessel with that shipment of Coal on board has sailed from the loading terminal, the Buyer and the Seller shall immediately confer with each other with a view to reaching commercial arrangements satisfactory to them so as to minimize resultant losses to either or both of them. In the absence of agreement, Buyer's determination shall control. In the event a total of two shipments of Coal either are subject to rejection under this Article 7 during any two consecutive calendar years (whether or not actually rejected), then the Buyer shall have the right to terminate this Agreement and claim all losses and damages the Buyer may suffer as a result of or in connection with such rejection of shipments and termination of this Agreement.
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Rejection of Shipment. Warner may reject any shipment of Local/Regional ONYX-015 that: (a) does not conform to specifications; or (b) is adulterated or misbranded within the meaning of the U.S. Federal Food, Drug and Cosmetic Act. Any notice of rejection must be submitted to Onyx within thirty (30) days of receipt of such shipment, with a report of analysis providing Warner’s basis for rejection. If no such notice of rejection is submitted, Warner shall be deemed to have accepted such delivery of product. In the event Warner rejects shipment of the product, Onyx shall notify Warner whether or not it accepts Warner’s basis for rejection. If Onyx disagrees with Warner’s determination that product does not meet specifications, the product shall be submitted to a mutually acceptable third party laboratory. The fees and expenses of such laboratory testing shall be borne entirely by the Party against whom such findings are made. Whether or not Onyx accepts Warner’s basis for rejection of product, upon notice of rejection, Onyx shall use commercially reasonable efforts to replace such rejected product. In the event that the rejected lot is determined not to meet specifications, any moneys paid for the rejected lot shall be credited against the cost of a replacement lot or returned to Warner in the event Onyx is unable to manufacture a replacement lot.
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Rejection of Shipment. Rejection limits 13.1 Buyer may reject a Shipment that falls outside the Rejection Limits either as certified in the Original Analysis Certificate or as determined in accordance with clause 11.4 (
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Related to Rejection of Shipment

  • Initiation of TIPS Sales When a public entity initiates a purchase with Vendor, if the Member inquires verbally or in writing whether Vendor holds a TIPS Contract, it is the duty of the Vendor to verify whether the Member is seeking a TIPS purchase. Once verified, Vendor must include the TIPS Contract Number on all purchase communications and sales documents exchanged with the TIPS Member.

  • Inspection and Rejection of Nonconforming Goods The 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 the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly 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. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

  • Acceptance or Rejection of Subscription (a) I understand and agree that the Company reserves the right to reject this subscription for the Units, in whole or in part, for any reason and at any time prior to the Closing, notwithstanding prior receipt by me of notice of acceptance of my subscription. (b) In the event of the rejection of this subscription, my subscription payment will be promptly returned to me without interest or deduction and this Subscription Agreement shall have no force or effect. In the event my subscription is accepted and the offering is completed, the funds specified above shall be released to the Company.

  • Rejection of Work Using the Notice of Non-Conforming Work procedures outlined in the General Conditions, the Design Professional shall reject work that does not comply with the requirements of the Contract Documents or that does not comply with the applicable laws and codes. The Design Professional shall have authority to order testing of the Work, as is provided in the Contract Documents or as otherwise required in its judgment, whether such work is fabricated, installed, or completed.

  • REJECTION OF GOODS Notwithstanding any other rights of, or remedies available to UNDP under the Contract, in case any of the Goods are defective or otherwise do not conform to the specifications or other requirements of the Contract, UNDP, at its sole option, may reject or refuse to accept the Goods, and within thirty (30) days following receipt of notice from UNDP of such rejection or refusal to accept the Goods, the Contractor shall, in sole option of UNDP: 11.7.1 provide a full refund upon return of the Goods, or a partial refund upon a return of a portion of the Goods, by UNDP; or, 11.7.2 repair the Goods in a manner that would enable the Goods to conform to the specifications or other requirements of the Contract; or, 11.7.3 replace the Goods with Goods of equal or better quality; and, 11.7.4 pay all costs relating to the repair or return of the defective Goods as well as the costs relating to the storage of any such defective Goods and for the delivery of any replacement Goods to UNDP.

  • Rejection of Entries Bank shall have the right to reject any Entry which does not comply with the requirements of Section 5 of this Article III and the requirements of Article VII ("Security Procedures"), or which contains an Effective Entry Date more than two (2) days after the Business Day such Entry is received by Bank. Bank shall have the right to reject an On-Us Entry for any reason for which an Entry may be returned under the Rules. Bank shall have the right to reject any Entry if Company has failed to comply with its account balance obligations as set forth in Section 11 below. Bank shall notify Company by phone or electronic transmission of such rejection no later than the Business Day such Entry would otherwise have been transmitted by Bank to the ACH Operator or, in the case of an On-Us Entry, its Effective Entry Date. Bank shall have no liability to Company by reason of the rejection of any such Entry or the fact that such notice is not given at an earlier time than that provided for herein.

  • Shipment Dell will ship the APEX System to the Site when included as part of the APEX Service. The terms and process for shipment and delivery of the APEX System will be stated in the applicable Service Offering Description.

  • ACCEPTANCE AND REJECTION a. Buyer shall accept the Services or give Seller notice of rejection within a reasonable time after the date of delivery. No payment, prior test, inspection, passage of title, any failure or delay in performing any of the foregoing, or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this Contract or impair any rights or remedies of Buyer. b. If Seller delivers defective or non-conforming Services, Buyer may at its option and at Seller's expense: (i) require Seller to promptly reperform, correct or replace the Services; (ii) correct the Services; or (iii) obtain replacement Services from another source. Return to Seller of defective or non-conforming Services and redelivery to Buyer of corrected or replaced Services shall be at Seller's expense. c. Seller shall not redeliver corrected or rejected Services without disclosing the former rejection or requirement for correction. Seller shall disclose any corrective action taken. All repair, replacement and other correction and redelivery shall be completed as Buyer may reasonably direct.

  • Rejection of Bids 22.1. The ACCO may reject a Bid if: 22.1.1. The Bidder is determined to be not responsible pursuant to the PPB Rules; or if 22.1.2. The Bid is determined to be non-responsive pursuant to the PPB Rules; or if 22.1.3. Any of the Bid prices for lump sum or unit items are significantly unbalanced to the potential detriment of NYCDOT. An unbalanced Bid is considered to be a Bid containing lump sum or unit item prices which do not reflect reasonable actual costs plus a reasonable proportionate share of the Bidder’s anticipated profit, overhead costs and other indirect costs anticipated for the performance of the item in question. 22.2. The ACCO may reject all Bids and may elect to re-solicit by bid or by other method authorized by the PPB Rules.

  • Rejection State Street reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of State Street's receipt of such payment order; (b) if initiating such payment order would cause State Street, in State Street's sole judgment, to exceed any volume, aggregate dollar, network, time, credit or similar limits upon wire transfers which are applicable to State Street; or (c) if State Street, in good faith, is unable to satisfy itself that the transaction has been properly authorized.

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