Rejected Products. In the event that the Xxxxxx Products are validly rejected by Customer, Xxxxxx shall promptly repair or replace the Xxxxxx Products at Xxxxxx’ expense provided that Xxxxxx has received notice of such rejection upon completion of Xxxxxx’ testing thereof.
Rejected Products. 19 3.4 Audit Rights of RJRT.......................................................................... 20 3.5 Joint Cost Savings Initiatives................................................................ 20 3.6 Insurance..................................................................................... 21
Rejected Products. Where Vendor fails to make delivery on any Purchase Order, on or before the specified delivery date or where none is specified, within fourteen (14) days of Vendor’s receipt of a Purchase Order, or if all or a portion of the Products are not satisfactory to Company or are not in compliance with the terms of this Agreement or any Purchase Order, then Company may terminate this Agreement or such Purchase Order or any portion of such Purchase Order and return the Products to Vendor at Vendor’s sole cost and expense. Company shall have no obligation to accept or pay for replacements for rejected Products unless Company specifically requests in writing that such rejected Products be replaced.
Rejected Products. 5.1 The Company shall be entitled to reject delivery of the Products which are damaged, obsolete or inconsistent with the agreed PO (“Rejected Products”), failing which the Products shall be deemed to be accepted unconditionally by the Company and the Company shall forfeit its rights to make a claim against the Supplier or to reject the Products. Any right to reject the Products or to make a claim against the Supplier shall lapse if the Company accepts delivery of the Products.
Rejected Products. Any claims for damaged, missing or defective Product must be reported in writing by Celera within 15 days from the date of Celera’s receipt of the Product, after which time the order will have been deemed to be accepted. In addition, Celera must promptly return a rejected Product to AB, C.O.D, unused and in a condition no worse than that delivered to Celera and in the Product’s original containers and packing material, accompanied by a valid return authorization number obtained from AB, which will not be unreasonably withheld or delayed. AB may refuse any Product not timely rejected or sought to be returned without a valid return authorization number. For any valid claim timely made, AB, at its option, may repair the Product or replace the Product with an identical or substantially similar Product. Shipping charges will not be credited.
Rejected Products. Prior to returning any rejected Product, VOLCANO will obtain a RMA number from EI, and will return such Product in accordance with EI’s instructions. VOLCANO will specify the reason for such rejection in all requested RMAs. In the event a Product is rejected, EI will at EI’s option, repair the Product if it is repairable, provide a replacement if stock is available, or refund the purchase price.
Rejected Products. CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND WILL BE FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A CONFIDENTIAL TREATMENT REQUEST.
Rejected Products. (a) Connetics may reject any Product which fails to meet the Specifications ("Rejected Product"). Connetics shall, within twenty (20) days after its receipt of any shipment of Product and related Certificate of Analysis of Product batch (as described in SECTION 5.1 of this Agreement), notify DPT in writing of any claim relating to rejected Product batch and, failing such notification, shall be deemed to have accepted such Product batch. Such notice to DPT shall specify why the Product batch failed to perform to Specifications. Connetics shall grant to DPT the right to inspect or test said Product batch. All Products shall be submitted to inspection and evaluation in accordance with DPT's SOP's to determine whether or not said Products meet the Specifications.
Rejected Products. (a) Supplier shall ensure that the Products it manufactures for RJRT comply with the Specifications. RJRT may reject any Product, within one hundred twenty (120) days of the delivery date of such Product, that does not comply with the Specifications for such Product. In such case, RJRT's written notice of rejection to Supplier shall state in commercially reasonable detail the Products which RJRT deems non-compliant, the Purchase Order pursuant to which those Products were manufactured and the Specification defects.
Rejected Products. RJRTC shall ensure that the Products it manufactures for BATUS Japan comply with the Specifications of BATUS Japan as have been confirmed between the Parties and with all Packaging, Carton and Case marking requirements as provided hereunder. BATUS Japan may reject any Product that, as of the time the Product passes “across the ship’s rail,” does not comply with the applicable Specifications and/or Packaging, Carton or Case marking requirements as are current upon manufacture within one hundred and twenty (120) calendar days after arrival of the Products in the Territory. In such case, BATUS Japan’s written notice of rejection to RJRTC shall state in commercially reasonable detail the Products which BATUS Japan deems non-compliant, the Purchase Order pursuant to which those Products were manufactured and the Specification defects and/or Packaging, Carton or Case marking requirements which BATUS Japan believes were not fulfilled. BATUS Japan shall bear the burden to demonstrate Product non-compliance as of the time the Product passes “across the ship’s rail.” Within ten (10) business days of receipt of a notice of rejection, RJRTC may contest such rejection and provide documentation and other evidence relating to the quality assurance measures taken with respect to the rejected Products and any other matters relating to the compliance of the Products at issue. Thereafter, the Parties shall confer in good faith to resolve the controversy. If any Product is finally deemed to be non-compliant, such non-compliant Product will be, at RJRTC’s option and expense, either returned to RJRTC or destroyed. If returned to RJRTC in the U.S.A., BATUS Japan shall provide necessary reference information to allow RJRTC to receive such returned Product without being required to incur the expense of applicable U.S.A. customs duties or U.S.A. excise taxes. In the event of any such rejection, RJRTC shall replace such non-complying Products with complying Products as soon as possible at no additional charge to BATUS Japan. RJRTC shall bear all reasonable costs incurred by BATUS Japan in inspecting and disposing of or returning the non-complying Products, as well as the full costs of shipping complying Products to the Territory via air freight shipment, including applicable insurance. If non-complying Product returned to RJRTC is destroyed by RJRTC, RJRTC will provide documentary evidence of such destruction to BATUS Japan.
