Rework, Reprocessing and Replacement of Rejected Batch Sample Clauses

Rework, Reprocessing and Replacement of Rejected Batch. (i) If the Parties agree that a Rejected Batch fails in whole or in part to conform to the Specifications, or if the dispute between the Parties in this regard has been resolved pursuant to Section 5.2(d) in favour of Purchaser, Supplier agrees to use its commercially reasonable best efforts to either: A. if possible, rework or reclaim the Rejected Batch, which shall be returned to Supplier forthwith and Supplier shall assume [Redacted: Costs], if any, in connection with the shipment of same; or B. destroy the Rejected Batch, which Batch shall be returned to Supplier forthwith and Supplier shall assume [Redacted: Costs], if any, in connection with the shipment of same and deliver [Redacted: Costs] a replacement shipment for the Rejected Batch (“Replacement Batch”), [Redacted: List of Conditions]; within [Redacted: Term] of the date Supplier accepts Purchaser’s written Rejection Notice or the date of the final resolution of the dispute, whichever is the earliest. The [Redacted: Term] delay is subject to Supplier having all Materials in inventory, including Long Lead Time Materials. (ii) Notwithstanding the existence of a dispute concerning a Product rejected by Purchaser, pending resolution of such dispute, Supplier shall, within [Redacted: Term] of issue by Purchaser of a Purchase Order for additional Batches of Product of the type and quantity claimed to be rejected as contemplated by Section 5.2(b) hereof, deliver such additional Batches of Product and Purchaser shall be obligated to pay for such Batches of Product in accordance with Section 3.4 hereof. The [Redacted: Term] delay is subject to Supplier having all Materials in inventory, including Long Lead Time Materials. (iii) Notwithstanding anything to the contrary contained herein, should the Rejected Batch have failed to meet the Specifications [Redacted: List of Conditions and Supplier’s Obligations].
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