Rejection Rights Clause Samples
The Rejection Rights clause grants a party the authority to refuse goods, services, or deliverables that do not meet specified contractual standards or requirements. In practice, this means that if a product is defective, incomplete, or otherwise non-conforming, the receiving party can formally reject it and require correction, replacement, or refund. This clause ensures quality control and protects the recipient from being obligated to accept substandard performance, thereby reducing the risk of disputes over unacceptable goods or services.
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Rejection Rights. (a) Every Product delivered hereunder (whether fully paid for, partially paid for or not paid for) is subject to inspection, testing and approval by Chobani before Chobani’s acceptance thereof. Use of the Products for the purpose of testing shall not constitute an acceptance of the Products. Chobani shall have the right to inspect or to be present at any test performed on the Products prior to shipment, but no such inspection or observation of any test shall be regarded as an acceptance of the Products or vary Chobani’s right to conduct tests upon and after receipt of the Products.
(b) Payment for any Product shall not be deemed an acceptance thereof. The acceptance of late or defective deliveries of the Products shall not be deemed a waiver by Chobani of its right to cancel the order or its right to refuse to accept further deliveries of the Products, or to exercise any other right or remedy under this Agreement or under Applicable Law.
(c) In addition to any other rights or remedies it may have hereunder (or at law or equity), Chobani expressly reserves the right, without liability hereunder, at its sole discretion, to refuse acceptance of or to reject Products (“Rejected Products”) that (i) do not conform in all respects to (A) the Specifications, (B) any instructions contained in the applicable Purchase Order or this Agreement, or (C) the representations and/or warranties set forth in this Agreement; (ii) as applicable, do not comply with the NIST pursuant to the COA, as set forth in Section 7(e); (iii) are shipped contrary to the instructions of Chobani, including instructions relating to containers and shipments made in advance of delivery schedules specified in the applicable Purchase Order; (iv) are in excess of the quantities specified in the applicable Purchase Order or this Agreement; or (v) violate Applicable Laws. In the event that any of the issues set forth in this Section 8(c) arise on a recurring basis or involve food safety and/or production delays/shortages, Chobani shall have the right to terminate this Agreement, the applicable schedule and/or discontinue an affected Supplier location upon written notice to Supplier.
(d) Chobani shall hold any rejected Products for Supplier’s instructions, at Supplier’s sole risk and expense (including storage charges); provided, however, that Chobani shall have no obligation to preserve rejected Products for Supplier for more than seven (7) days after notification to Supplier of such rejection. In the...
Rejection Rights. If the actual quality of any Coke shipment is in excess of or is less than, as applicable, any of the Reject Standards (“Nonconforming Coke”) then, (i) provided such Coke shipment is not commingled with other coke or is not used in the blast furnace operations of any Purchaser, the affected Purchaser, at its sole election, shall have the right to reject such Coke shipment by means of prompt written notification thereof by it to ▇▇▇▇▇▇; and (ii) ▇▇▇▇▇▇ shall take immediate corrective measures prior to the delivery of any further Coke shipments to Purchasers, and shall promptly notify Purchasers in Writing of such corrective measures. Upon rejection of such Coke, title to such Coke shall revert to Seller and Seller shall accept all risk of loss, damage, or destruction therefore. In the event any Coke shipment is properly rejected, then ▇▇▇▇▇▇ shall accept all risk of loss, damage, or destruction of such Coke shipment, shall be required to remove from such facilities the rejected Coke shipment, and shall be responsible for all removal costs connected therewith. All Coke rejected by any Purchaser pursuant to this Section shall correspondingly reduce Purchasers’ obligation to accept and purchase the Coke Supply and Purchase Obligation. No acceptance by any Purchaser of any Coke shipment that exceeds or is less than, as applicable, any Reject Standard shall act as or be deemed a waiver of that party’s right to refuse to accept future non-conforming Coke shipments.
Rejection Rights. If any Shipment triggers any of the Rejection Limits set forth in a Confirmation (a “Non-Conforming Shipment”), then Buyer shall have the option, exercisable by notice to Seller within two (2) Business Days of Buyer’s receipt of the Shipping Report, of either (a) rejecting such Non-Conforming Shipment at the Delivery Point or in route, but prior to unloading from Transporter’s equipment, or (b) accepting any Non-Conforming Shipment with a Contract Price adjustment agreed to between Seller and Buyer. If Buyer fails timely to exercise its rejection rights under this Section 6.2 as to a Shipment, Buyer shall be deemed to have waived such rights to reject with respect to that Shipment only. ▇▇▇▇▇’s failure to timely exercise such notice does not however, constitute a waiver of its right to any penalty adjustment provided for herein or in the relevant Confirmation with respect to such Non-
Rejection Rights. The City reserves the right, at any time, to modify, waive or otherwise vary the terms and conditions of this RFQ including, but not limited to, the deadlines for submission and submission requirements. The City further reserves the right to reject any or all SOQ, to cancel or withdraw this RFQ at any time. Selection is dependent upon the negotiation of a mutually acceptable contract.
Rejection Rights. The Employer shall have the right to reject any applicant for employment.
Rejection Rights. In the event that ▇▇▇▇▇▇▇▇ discovers Unacceptable Waste in any Ash Residue load delivered by OCRRA, CORTLAND shall attempt to segregate such Waste from the load and require the OCRRA vehicle to remove the Waste (if permitted to do so under Applicable Law). If the amount or type of such Waste in any load makes it impracticable to segregate such waste, CORTLAND may reject the entire load. CORTLAND will only obtain ownership of Acceptable Ash Residue when it is accepted for disposal by CORTLAND at the Cortland County Landfill. If the Ash Residue is rejected by CORTLAND for any proper reason authorized hereunder, then it will be OCRRA’s responsibility to remove it and dispose of it elsewhere.
Rejection Rights. If EOTT delivers to EGL▇ ▇▇oducts that do not conform to the quality specifications set forth on Schedule B or, with respect to Products subject to a Permitted Product Quality Reduction in accordance with Section 5.1, to such quality specifications as are required therefor, or are otherwise defective (the "Non-Conforming Products"), EGL▇ ▇▇all be entitled to request a reduction in the Conversion Fee applicable to such Non-Conforming Products by an amount that reflects the decreased value of such Non-Conforming Products, as agreed to by the Parties. If the Parties are unable to agree to the amount of such reduction within 48 hours after EGLI's request for such reduction, no reduction in Conversion Fees shall be effected but at the close of the applicable calendar quarter, EGL▇ ▇▇all be entitled to payment by EOTT of liquidated damages in an amount determined by the following formula: Liquidated Damages for Non-Conforming Productsq = NCPq x MTBEMPq - RVq Where: NCPq = The quantity of Non-Conforming Products in MTBE Equivalent Gallons for which a reduction in Conversion Fees was not agreed to during calendar quarter q (expressed in gallons) MTBEMPq = The MTBE Market Price for calendar quarter q (expressed in $ per gallon) RVq = The Resale Value for the Non-Conforming Products for which a reduction in Conversion Fees was not agreed to during calendar quarter q, if any, which was actually obtained or could have been obtained by EGL▇ upon resale to third parties at any time selected by EGL▇ ▇▇ring calendar quarter q, as determined by EGL▇ ▇▇ a commercially reasonable manner (expressed in $) (For purposes of illustration only, a sample calculation is provided on Schedule D attached hereto.) Notwithstanding the foregoing, EGL▇ ▇▇all not be obligated to accept Non-Conforming Products if such Non-Conforming Products would damage any facilities that would transport, store, or use such Products, unless such Non-Conforming Products directly result from the conversion of non-conforming Feedstocks which EGL▇ ▇▇quires EOTT to convert in accordance with Section 5.1. If EGL▇ ▇▇operly rejects any Products for such reason, then EOTT, after discussion with EGL▇, ▇hall dispose of such Products at EOTT's expense and shall pay any liquidated damages for failure to convert Products in accordance with Section 11.3 and any payments for additional Feedstocks in accordance with Section 5.3.
Rejection Rights. Coal delivered hereunder shall be consistent with the specifications set forth in the Purchase Order (“Specifications’) and be within the Rejection Limits, If Seller delivers a shipment of coal which reaches or exceeds the relevant Rejection Limit as set forth in the Purchase Order (“Non-Conforming Shipment”), then Buyer shall have the right to reject the Non-Conforming Shipment prior to unloading, and Seller shall be responsible for any direct damages and losses, including demurrage, resulting from the delivery of such Non-
Rejection Rights. During the Term hereof, Brookhaven shall accept at the Brookhaven MRF the Recyclable Materials delivered by the Municipality, provided however, that Brookhaven may reject deliveries made by the Municipality if such deliveries
A. Are made at a time other than during the Facility Delivery Hours, or are made in unauthorized vehicles. In such event, the PARTIES shall use their best efforts to reschedule the delivery of such material as soon as possible.
B. Contain substantial quantities of Unacceptable Material, or any quantity Hazardous Waste or medical waste, or otherwise fail to meet the requirements of applicable law, permit or registration governing the Brookhaven Facility. In exercising its rejection rights pursuant to this provision, Brookhaven shall, where practicable, accept the portions of such deliveries that, as the case may be, are not Unacceptable Material, Hazardous Waste or other unauthorized material.
C. In the event that a delivery is rejected pursuant to sub-paragraph B above, the following procedure shall apply.
i. If cause for rejection shall be determined upon inspection of the delivery before the load is discharged to the tipping floor, the driver shall secure the load and remove it from the MRF for proper disposal by the Municipality.
ii. If cause for rejection shall be determined upon inspection of the delivery after the load is discharged to the tipping floor, the driver of the Municipal vehicle shall be afforded the option of re-loading the Unacceptable Material into the Municipal vehicle for proper disposal by the Municipality, or the Town and/or the Facility Operator shall arrange for proper disposal of the Unacceptable Material. In the event that the Town and/or the Facility Operator assume responsibility for disposal of Unacceptable Material, the Municipality shall be responsible for all costs and expenses incurred by the Town and/or the Facility Operator for the lawful removal and disposal of such material, and said costs shall be assessed in the next regular monthly invoice.
Rejection Rights. In the event that OCRRA discovers OCRRA Ley Creek Unacceptable Waste or WTE Facility Unacceptable Waste, as applicable, in any load of CORTLAND waste made available for transfer by OCRRA Transfer Vehicles, CORTLAND shall attempt to segregate such Unacceptable Waste from the load and remove the Unacceptable Waste (if permitted to do so under Applicable Law) if the Unacceptable Waste is discovered while loading at the CORTLAND Transfer Station. Otherwise OCRRA shall attempt to segregate such Unacceptable Waste and will haul the Unacceptable Waste back to the CORTLAND County Landfill or Transfer Station for proper management by CORTLAND County. If the amount or type of Unacceptable Waste in any load makes it impracticable to segregate such waste, OCRRA may reject the entire load. CORTLAND retains ownership of all CORTLAND waste until it is accepted for disposal by the Onondaga WTE Facility or OCRRA Ley Creek Facility. If the CORTLAND waste is rejected by the Onondaga WTE Facility or OCRRA Ley Creek Facility for any proper reason authorized hereunder, then it will be CORTLAND’s responsibility to pay for the additional transportation costs to deliver the material back to Cortland County.