Common use of Rejection and Cure Clause in Contracts

Rejection and Cure. If a shipment of Product or any portion thereof is spoiled, damaged or defective, then Trinity shall have the right to reject such shipment of the Product or the portion thereof that fails to so conform, as the case may be. Trinity shall give written notice to IRC of its rejection hereunder, within sixty (60) days following the date on which such shipment was delivered, specifying the grounds for such rejection. All or any part of any shipment may be held for IRC's disposition and at IRC's expense if found to be not in conformance with the Product Specifications. No claims with respect to rejected Product shall be in an amount greater than the purchase price of such Product; provided, however, that IRC shall use its commercially reasonable efforts to cure such rejection or replace such spoiled, damaged or defective shipment of Product within, ninety (90) days after receipt of notice of rejection thereof. Should cover be utilized, IRC shall be responsible for the cost of such cover pertaining to the rejected Product in question. If no notice of rejection is given by Trinity within such sixty (60) day period, the shipment of the Product shall be deemed to have been accepted.

Rejection and Cure. If a shipment of Product or any portion thereof is spoiled, damaged or defective, then Trinity shall have the right to reject such shipment of the Product or the portion thereof that fails to so conform, as the case may be. Trinity shall give written notice to IRC of its rejection hereunder, within sixty (60) days following the date on which such shipment was delivered, specifying the grounds for such rejection. All or any part of any shipment may be held for IRC's disposition and at IRC's expense if found to be not in conformance with the Product Specifications. No claims with respect to rejected Product shall be in an amount greater than the purchase price of such Product; provided, however, that IRC shall use its commercially reasonable efforts to cure such rejection or replace such spoiled, damaged or defective shipment of Product within, within ninety (90) days after receipt of notice of rejection thereof. Should cover be utilized, IRC shall be responsible for the cost of such cover pertaining to the rejected Product in question. If no notice of rejection is given by Trinity within such sixty (60) day period, the shipment of the Product shall be deemed to have been accepted.