Rejection Procedures Sample Clauses

Rejection Procedures. (a) After Cipher receives the Rejection Notice, it will evaluate process issues and the reasons given by Distributor for the Rejection. Cipher shall use good faith efforts to promptly notify Distributor whether it agrees with the basis for Distributor’s rejection, but in no event shall such notice be given later than thirty (30) days of Cipher’s receipt of a Rejection Notice, provided that if Cipher wishes to Test the Product, notice shall be given not later than ninety (90) days of Cipher’s receipt of a Rejection Notice. If Cipher does not so notify Distributor within thirty (30) or ninety (90) days, as applicable, of receipt of the Rejection Notice as to whether it agrees with the basis of Distributor’s rejection, Cipher shall be deemed to be in agreement therewith. (b) If Cipher agrees with or is deemed to agree with the basis for Distributor’s rejection, Cipher shall promptly replace, at no cost to Distributor, such rejected Product. (c) If Cipher disagrees with the basis for Distributor’s rejection specified in the Rejection Notice, Cipher shall promptly replace such rejected Product. No payment shall be due with respect to the replacement Product until it is determined which Party shall bear the burden of such cost hereunder. The Parties shall submit samples of the rejected Product to a mutually acceptable Third Party laboratory, which shall determine whether such Product meets the Specifications and, as part of this process, may also carry out a full investigation of the Manufacturing process including, as necessary, the Approved Manufacturing Site) for such Product if it reasonably believes such an investigation is necessary to resolve the disagreement. The Parties agree that the determination of the Third Party laboratory, after it has assessed the retention samples and following any full investigation of the Manufacturing process it conducts, shall be final and determinative. If the Third Party laboratory determines that the retained samples meet the Specifications, the rejection by Distributor is deemed to be unjustified, and Distributor shall reimburse Cipher for any Product-related costs or testing undertaken by Ciphcr internally and shall promptly pay Cipher for any replacement Product. If the Third Party laboratory determines that the relevant shipment of Product does not meet the Specifications, Cipher shall not invoice Distributor for the replacement Product. The Party against whom the Third Party laboratory rules shall also bear the fees ...
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Rejection Procedures. If any item is determined not to be in compliance with the requirements of this Contract, those items or shipments may be rejected by Purchaser. (a) When any item is found to be nonconforming or damaged, Purchaser will determine the course of action to be taken with the item in question. The final decision rests with Purchaser. For unauthorized substitutions, Purchaser will determine whether to reject or accept such items. If accepted, Purchaser reserves the right to pay Contractor only that amount allotted for the original item ordered. Items transported in vehicles which are not sanitary or which are not equipped to maintain industry standard temperatures, may be rejected without further inspection. (b) In the event an item is rejected, the delivery ticket/invoice shall be annotated as to the item(s) rejected. These items shall then be deducted from the delivery ticket/invoice. The invoice total must be adjusted to reflect the correct dollar value of the shipment. Replacements will be authorized based on Purchaser needs. To the greatest extent possible, on an as-needed emergency basis, same day re-delivery of items that were previously rejected shall be made, so that food service requirements do not go unfulfilled for that day. The re-delivered items will be re-delivered under a separate invoice, utilizing the same Purchase Order number for the discrepant line. These re-deliveries will not constitute an emergency or supplemental requirement, and therefore, will have no additional charges. (c) In the event that an item is rejected after initial delivery has been made, Contractor shall pick up the rejected item. Pick up is to be within forty-eight
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Rejection Procedures. The Boards and Cafeteria staff has the right to reject any product that does not meet the proper standards as detailed in this bid. Failure by the cafeteria staff to promptly inspect or accept supplies shall not relieve the vendor from responsibility, nor impose liability on the customer for nonconforming produce.
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Rejection Procedures a. Should FFF reject any Batch pursuant to Section 5.10, and Omrix agrees that such rejection was justified, Omrix shall promptly credit FFF's account if the invoice with respect to the Batch so rejected will have been paid by that time by FFF by virtue of Section 6. b. Should FFF reject any Batch pursuant to Section 5.10, and should Omrix, after good faith negotiation, fail to agree that such rejection was justified, the Parties shall jointly appoint an independent third party to test samples of such Batch and to review any pertinent record and information developed by both Parties relating thereto to ascertain the validity of the rejection. The findings of such third party shall be binding upon both Parties. If the Product is found to meet the Specifications in all material respects, FFF shall pay the costs of such tests and shall be deemed to have accepted the Product as of the date such findings are published. If the Product is found not to meet Specifications in any material respect, Omrix shall pay the costs of such tests and shall promptly credit FFF's account. c. Upon Omrix's receipt of a claim that a shipment or Batch thereof of the Product does not meet the Specifications, and Omrix agrees that such claim is justified, Omrix shall use commercially reasonable efforts to replace such shipment or Batch thereof with an additional shipment of the Product that does conform to such Specifications as soon as practicable.
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Rejection Procedures. In the event an item is rejected, delivery invoices will be annotated as to item(s) rejected. These items shall then be deducted from the delivery invoice. Replacements will be authorized, dependent upon the customer's needs. If the customer desires a one-for-one replacement of the product no billing adjustment will be necessary. To the greatest extent possible, on an as needed, emergency basis, same day re-delivery of items that were previously rejected shall be made, so that their food service requirements do not go unfulfilled for that day. The re-delivered item will be invoiced under the original invoice or duplicate with the same invoice number for the discrepant line. These emergency re-deliveries will not be counted as the no charge emergency orders identified in section F-8 and can be made on an unlimited basis.
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Rejection Procedures. (a) Should LEVPHARMA reject any Batch pursuant to Section 4.7, and SANQUIN agrees that such rejection was justified, SANQUIN shall promptly credit LEVPHARMA's account as the invoice with respect to the Batch so rejected will have been paid by that time by LEVPHARMA by virtue of article 5.3. (b) Should LEVPHARMA reject any Batch pursuant to Section 4.7, and should SANQUIN, after good faith negotiation, fail to agree that such rejection was justified, the Parties shall each appoint an independent third party and these two independent third parties shall select a qualified third independent third party to test samples of such Batch and to review any pertinent Working Batch Record and other relevant information developed by both Parties relating thereto to ascertain the validity of the rejection. The findings of such third party shall be binding upon both Parties. If the Product is found to meet the Specifications in all material respects, LEVPHARMA shall pay the costs of such tests and shall be deemed to have accepted the Product. If the Product is found not to meet Specifications in any material respect, SANQUIN shall pay the costs of such tests and shall promptly credit LEVPHARMA's account.
Sample 1
Rejection Procedures. (a) Following the delivery of a Rejection Notice, the Parties shall conduct a root cause analysis in accordance with the terms of the Quality Agreement in order to determine the cause of the non-conformity. The Parties, acting reasonably, shall allocate the applicable Fault Percentages to each Party and each Party’s costs and expenses related to the Non-Conforming Products shall be limited to their applicable Fault Percentage. (b) The remedies set out in this Section shall not constitute a waiver of any of either Party’s rights or remedies under this Agreement or under any Applicable Law, as the case may be.
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Related to Rejection Procedures

  • Selection Procedures In selecting the Collateral Obligations hereunder and for Affiliates of the Borrower, no selection procedures were employed which are intended to be adverse to the interests of any Agent or Lender.

  • Notification Procedures To address non-compliance, the receiving Competent Authority would notify the providing Competent Authority pursuant to Article 5 of the IGA. The notification procedures would differ depending upon whether the receiving Competent Authority seeks to address administrative or other minor errors or significant non-compliance.

  • Termination Procedures The Contractor acknowledges that this Agreement may be terminated for Convenience or Default.

  • ESCALATION PROCEDURES 48.1 The Standard Practices outlines the escalation process which may be invoked at any point in the Service Ordering, Provisioning, and Maintenance processes to facilitate rapid and timely resolution of disputes.