Rejection; Suspension Sample Clauses
The 'Rejection; Suspension' clause defines the rights and procedures for a party to reject or temporarily halt the performance of obligations under a contract. Typically, this clause allows a party to refuse acceptance of goods, services, or work that do not meet agreed standards, or to suspend their own performance if certain conditions are not met, such as non-payment or breach by the other party. Its core function is to provide a mechanism for addressing non-compliance or issues during contract execution, thereby protecting parties from being forced to accept substandard performance or continue under unfavorable conditions.
Rejection; Suspension. 4.3.1 If based on the sampling and analysis described herein, the coal in a Shipment fails to comply with the Reject limits as set forth in Exhibit A for any one or more of the quality specifications identified therein, Buyer shall have the right, but not the obligation, to reject such Shipment by notice delivered to Seller by fax or email. In addition, Buyer shall have the right to reject any coal containing bone coal, rock, wood, metal or other mine debris in quantities which Buyer believes, in the exercise of Buyer’s good faith judgment, could be harmful to the Plant.
(a) In the event Buyer rejects any coal, Buyer shall promptly notify Seller of such rejection, such notice to be delivered within 48 hours of Buyer’s receipt of the short proximate analysis for the Shipment if rejection is based on the Shipment having exceeded any of the Reject limits as described in this Section 4.3, or within 24 hours of receipt of the Shipment at the Plant (or other destination designated by Buyer hereunder) if the rejection is based on the Shipment being contaminated with foreign materials. Buyer may reject discrete portions of a Shipment for foreign materials if practical under the circumstances.
(b) If Buyer fails to timely exercise its rights to reject a Shipment under this Section 4.3, Buyer shall be deemed to have waived such rights with respect to rejection of that Shipment only. Buyer’s failure to reject one or more Shipments under this Section 4.3 shall in no way affect its right to reject future Shipments or demand Seller’s strict performance with the requirements of this Section 4.