REJECTION OF SHIPMENTS Sample Clauses

REJECTION OF SHIPMENTS. 5.1 Buyer shall have the right, in its sole discretion, to reject individual shipments of coal which it or Buyer's Agent judges to be:
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REJECTION OF SHIPMENTS. (a) In addition to and not as a limitation on PURCHASER's other rights or remedies under this Agreement, PURCHASER may, reject any Shipment under any one or more of the following circumstances: (i) the Shipment fails to comply with one or more of the "As Received" Rejection Limits set forth in Section 7.1(a); (ii) the Shipment fails to comply with the coal size specifications set forth in Section 7.l (a); (iii) the Shipment contains extraneous material as described in Section 7.1(a); (iv) the Shipment fails to comply with the loading requirements set forth in Section 9.2; or (v) the Shipment contains coal that was mined or produced from a source other than the Coal Property without obtaining PURCHASER's prior written consent. PURCHASER shall give SELLER prompt notice, orally or in writing, of the rejection of a Shipment. After receipt of such notice. SELLER shall not resume Shipments under this Agreement until the coal quality or other deficiency has been corrected to PURCHASER's satisfaction. In the event that PURCHASER rejects a Shipment, then SELLER shall immediately remove, at SELLER's expense, the Shipment from PURCHASER's facilities or from transportation equipment and shall reimburse PURCHASER for all charges and costs (including, without limitation, transportation costs) incurred by PURCHASER in connection with the equipment. (b) In the event that PURCHASER, in its sole discretion, accepts any Shipment for which the as received" analysis exceeds any one or more of the "As Received" Rejection Limits set forth in Section 7.1(a), then the following price adjustments shall apply and shall be in addition to (i) the calorific value and excess ash adjustments, if any, for the Shipment (pursuant to Sections 4.4 and 4.5) and (ii) any other adjustment for the Shipment (pursuant to Section 4.6 or 4.7): * * *11 The price adjustment mechanisms set forth in this Section 7.3(b) are further detailed and illustrated in Annex F, which is attached hereto and made a part of this Agreement. (c) PURCHASER's election to accept a Shipment that fails to comply with any one or more of the "As Received" Rejection Limits set forth in Section 7.1(a) and to apply one or more of the price adjustments under ------- 11 Confidential material redacted and filed separately with the Commission.
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REJECTION OF SHIPMENTS. 21 ------- 1 Confidential material redacted and filed separately with the Commission.
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REJECTION OF SHIPMENTS. (a) Notwithstanding anything else contained in this Agreement, in the event that a shipment of Material contains an iron (Fe) content of [Redacted – Item 18] or less (a "Defaulting Shipment"), the Buyer shall have the option, in its sole discretion to (i) reject any such shipment, or (ii) accept such shipment subject to applicable penalties as set out herein. (b) [Redacted – Item 18] (c) [Redacted – Item 18] (d) [Redacted – Item 18]
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REJECTION OF SHIPMENTS. 5.1 Buyer shall have the right, in its sole discretion, to reject individual shipments of coal which it or Buyer's Agent judges to be: 5.1.1 Oversize, or 5.1.2 Finer or wetter than that which existing station equipment is capable of handling or burning efficiently, or 5.1.3 Considered to contain excess amounts of rock, wood, bone, metal, sulfur balls, or other impurities which would adversely affect the operation of Buyer's equipment, or 5.1.4 Not homogeneously blended in each delivery in a manner that will ensure reasonably uniform consistency as to size and quality. 5.2 If Buyer rejects any coal shipment in accordance with Section 5.1, Buyer or Buyer's Agent shall notify Seller of its rejection and Seller, at its expense, shall remove such rejected coal within seven (7) calendar days after rejection and reimburse Buyer for all transportation, demurrage and handling charges, if any, incurred by Buyer associated with such rejected shipment. The provisions of this Section 5.2 shall survive termination of this Agreement. 5.3 Tonnage deficiencies in any calendar year resulting from Buyer's rejection of any coal shipment may, at Buyer's option, be deducted from the Annual Base Amount for such calendar year.
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REJECTION OF SHIPMENTS. 5.1 Buyer shall have the right, in its sole discretion, to reject individual shipments of coal which it or Buyer's Agent judges to be: equipment is adversely <PAGE> 5.1.1 Oversize, or 5.1.2 Finer or wetter than that which existing station capable of handling or burning efficiently, or 5.1.3 Considered to contain excess amounts of rock, wood, bone, metal, sulfur balls, or other impurities which would affect the operation of Buyer's equipment, or 5 that 5.1, seven 5.1.4 Not homogeneously blended in each delivery in a manner will ensure reasonably uniform consistency as to size and quality. 5.2 If Buyer rejects any coal shipment in accordance with Section Buyer or Buyer's Agent shall notify Seller of its rejection and Seller, at its expense, shall remove such rejected coal within
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Related to REJECTION OF SHIPMENTS

  • 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.

  • 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.

  • 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 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.

  • 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.

  • Shipments The Vendor shall ship, deliver or provide ordered products or services within a commercially reasonable time after the receipt of the order from the TIPS Member. If a delay in said delivery is anticipated, the Vendor shall notify TIPS Member as to why delivery is delayed and shall provide an estimated time for completion of the order. TIPS or the requesting entity may cancel the order if estimated delivery time is not acceptable or not as agreed by the parties.

  • DISCONNECTION OF SUPPLY 14.1 When can we arrange for disconnection? (a) you do not pay your bill by the pay-by date and, if you are a residential customer, you: (i) fail to comply with the terms of an agreed payment plan; or (ii) do not agree to an offer to pay the bill by instalments, or having agreed, you fail to comply with the instalment arrangement; (b) you do not provide a security deposit we are entitled to require from you; or (c) you do not give access to your premises to read a meter (where relevant) for 3 consecutive meter reads; or (d) you fail to give us safe and unhindered access to the premises as required by clause 11 or any requirements under the energy laws; or (e) there has been illegal or fraudulent use of energy at your premises in breach of clause 16 of this contract; or (f) we are otherwise entitled or required to do so under the Rules or by law.

  • Rejection on Probation On rejection on probation, when an employee has completed more than one (1) year of continuous employment and ceases to be employed by reason of rejection during a probationary period, one (1) week’s pay.

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