Acceptance, Rejection, and Claims Sample Clauses

Acceptance, Rejection, and Claims. APOLLO may inspect any or all shipments of Product to insure all specifications are met including proper labeling, packaging and count within thirty (30) business days of APOLLO’s receipt of each shipment; however, any such inspection shall not relieve ESTABLISHMENT of any obligations or warranties under this Agreement. APOLLO has the right to reject, via written notification to ESTABLISHMENT within this thirty (30) day period, any or all of a shipment of Product that fails to satisfy any warranty in this Agreement and may reject all of a given Lot of Product if a statistical sample does not meet the Specifications. Upon confirmation of defective condition by ESTABLISHMENT and issuance of a return material authorization (“RMA”) number, APOLLO shall be entitled to the immediate return and replacement, free of charge, of any Product supplied by ESTABLISHMENT in breach of any warranty under this Agreement.
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Acceptance, Rejection, and Claims. Kala may inspect any or all shipments of Product for proper labeling, packaging and count within [**] days following receipt of each shipment of Product, as per the agreed Incoterms, by Kala or Kala’s designee (“Date of Receipt”). If the Product is held by governmental authorities the Date of Receipt will be the date on which the Products are released by governmental authorities and available to be received by Kala or Kala’s designee; however, any such inspection shall not relieve Supplier of any obligations or warranties under this Agreement. Kala shall visually inspect, or require that its designee visually inspect each shipment of Product for damage at the port of entry and shall note any observed damage on the shipments xxxx of lading. Upon Kala’s, or Kala’s designees, receipt of the Products at the port of entry, risk of loss with respect to such Products shall transfer to Kala. Kala has the right to reject, via written notification to Supplier within this [**] days period, any or all of a shipment of Product that fails to satisfy any warranty in this Agreement. If, within [**] days following the Date of Receipt there is no notice of non-acceptance, the Product shall be deemed as accepted. Kala shall have no payment obligation with respect to any Product reject in accordance with this Section 6.2. Within a period of [**] days following the Date of Receipt, Kala or Kala’s designee shall inspect the Product so as to determine the existence of any damage, shortage, adulteration or failure to meet the specifications set forth on DMF, COA, or this Agreement (collectively, ‘‘Damage”). If the parties disagree as to the existence of Damage, they will then appoint a mutually accepted independent laboratory whose decision shall be binding upon both parties and the costs associated with such steps shall be borne by the party against which the laboratory’ decided. If the Product delivered does not comply with the requirements according to the decision of such independent laboratory, Kala shall have the right to demand from Supplier a free-of-charge replacement of Product to be delivered as soon as reasonably practicable. Supplier shall likewise reimburse Kala for its reasonable handling costs incurred in connection with the replacement.
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Acceptance, Rejection, and Claims. KORU may inspect any or all shipments of Product for proper labeling, packaging and count within [***] days of KORU’s receipt of each shipment; however, any such inspection shall not relieve Command of any obligations or warranties under this Agreement. KORU has the right to reject, via written notification to Command within this [***] day period, any or all of a shipment of Product that fails to satisfy any warranty in this Agreement and may reject all of a given Lot of Product if a statistical sample does not meet the Specifications. Upon confirmation of defective condition by Command, KORU shall be entitled to the immediate replacement, free of charge (including shipping charges), of any Product supplied by Command in breach of any warranty under this Agreement.
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Acceptance, Rejection, and Claims 
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Related to Acceptance, Rejection, and Claims

  • Acceptance; Rejection A holder of Notes may accept the offer to prepay made pursuant to this Section 8.3 by causing a notice of such acceptance to be delivered to the Company not later than 15 days after receipt by such holder of the most recent offer of prepayment. A failure by a holder of Notes to respond to an offer to prepay made pursuant to this Section 8.3 shall be deemed to constitute a rejection of such offer by such holder.

  • ACCEPTANCE AND REJECTION a. Buyer shall accept the Services or give Seller notice of rejection within a reasonable time after the date of delivery. No payment, prior test, inspection, passage of title, any failure or delay in performing any of the foregoing, or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this Contract or impair any rights or remedies of Buyer.

  • ACCEPTANCE/REJECTION/CANCELLATION The County reserves the right to accept or to reject any or all bids and to make the award to that bidder who, in the opinion of the County, will be in the best interest of and/or the most advantageous to the County. The County also reserves the right to reject the bid of any bidder who has previously failed in the proper performance of an award or to deliver on time contracts of a similar nature or who, in the County’s opinion, is not in a position to perform properly under this award. The County reserves the right to inspect all facilities of bidders in order to make a determination as to the foregoing. The County reserves the right to waive any irregularities and technicalities and may, at its discretion, request a re- bid. Award will be made to the lowest responsive and responsible bidder as determined by the County. The County reserves the right, and the Manager, Procurement Division has absolute and sole discretion, to cancel a solicitation at any time prior to approval of the award by the Board of County Commissioners when such approval is required. The decision to cancel a solicitation cannot be the basis for a protest pursuant to the Orange County Code.

  • Inspection and Rejection of Nonconforming Goods (a) Buyer shall inspect the goods within five days of receipt (“Inspection Period”). Xxxxx will be deemed to have accepted the goods unless it notifies Seller in writing of any Nonconforming Goods during the Inspection Period and furnishes documentation reasonably required by Seller. “

  • Order Rejections 53.11.1 CenturyLink shall reject and return to CLEC any order that CenturyLink cannot provision, due to technical reasons, missing information, or jeopardy conditions resulting from CLEC ordering service at less than the standard order interval.

  • INSPECTION AND REJECTION 8.1 Purchaser shall have the right to inspect and test Products at any time prior to shipment, and within a reasonable time after delivery to the Purchaser’s Destination. Products not inspected within a reasonable time after delivery shall be deemed accepted by Purchaser. The payment for Products shall in no way impair the right of Purchaser to reject nonconforming Products, or to avail itself of any other remedies to which it may be entitled.

  • Rejection State Street reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of State Street's receipt of such payment order; (b) if initiating such payment order would cause State Street, in State Street's sole judgment, to exceed any volume, aggregate dollar, network, time, credit or similar limits upon wire transfers which are applicable to State Street; or (c) if State Street, in good faith, is unable to satisfy itself that the transaction has been properly authorized.

  • ODUF Pack Rejection 6.4.1 Image Access will notify BellSouth within one (1) business day of rejected packs (via the mutually agreed medium). Packs could be rejected because of pack sequencing discrepancies or a critical edit failure on the Pack Header or Pack Trailer records (e.g., out-of-balance condition on grand totals, invalid data populated). Standard ATIS EMI error codes will be used. Image Access will not be required to return the actual rejected data to BellSouth. Rejected packs will be corrected and retransmitted to Image Access by BellSouth.

  • Acceptance or Rejection (a) The undersigned understands and agrees that the Company reserves the right to reject this subscription for the Shares if, in its reasonable judgment, it deems such action in the best interest of the Company, at any time prior to the Closing, notwithstanding prior receipt by the undersigned of notice of acceptance of the undersigned's subscription.

  • Acceptance of the Terms of Use These terms of use are entered into by and between You and Insight Alliance (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of xxx.xxxxxxxxxxxxxxx.xxx, including any content, functionality, and services offered on or through xxx.xxxxxxxxxxxxxxx.xxx (the “Website”), whether as a guest or a registered user. Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

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