REJECTION OF NONCONFORMING PRODUCTS Sample Clauses

REJECTION OF NONCONFORMING PRODUCTS. In the regular course of its business, Buyer may reject, refuse acceptance, or revoke acceptance of any or all of the Products which are not strictly in conformance with all of the requirements of this Purchase Order and related and applicable drawings, designs, and specifications, and will notify Supplier of such rejection. At Supplier’s risk and expense and at Buyer’s option, all such Products will be returned to Supplier for immediate (i) repair, replacement, and other correction and redelivery by Supplier as Buyer may direct or (ii) refund by Supplier of the price of any such Products. Notwithstanding any other provision, Supplier shall be liable for Buyer's actual costs, expenses and damages related to or arising from the non-conformance including but not limited to expenses related to inspecting, unpacking, examining, re-packing and storing any Products rejected or refused in accordance with the above. Buyer may withhold, deduct and/or set off money due, or which may become due to Supplier arising out of Supplier's performance under the Purchase Order. Supplier shall not re-tender rejected supplies unless Supplier submits notification of such past rejection with the re-tender and Buyer has consented to such re-tender.
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REJECTION OF NONCONFORMING PRODUCTS. Buyer may, at its option, reject or revoke acceptance of any Products that fail to conform strictly to the requirements of this Contract (including, without limitation, if the packing or packaging is nonconforming). If Buyer rejects any Products or revokes acceptance of any Products, Buyer may elect to, without any liability to Seller, at no charge to Buyer, and at Seller’s cost and expense (i) require Seller to immediately replace the Products; (ii) purchase similar Products from another source and reduce the quantities of the Products under the Purchase Order (and any corresponding payment); and/or (iii) exercise any other right(s) provided to Buyer in this Contract or available at Law. Seller agrees that Seller will not charge Buyer, and Xxxxx has no obligation to pay Seller, to make repairs to, or replacements of, any nonconforming Products. Seller will be liable for all liabilities, damages, losses, costs and expenses associated with Buyer’s rejection of the Products, including, without limitation, any costs associated with inspecting, sorting, testing, repairing or replacing Products, transportation, or effecting cover. Nonconforming Products shall not be replaced without Buyer’s written permission. Nonconforming Products will be held by Buyer for disposal in accordance with Seller’s instructions at Seller’s risk. Seller’s failure to provide written instructions within five (5) days, or such shorter period as may be commercially reasonable under the circumstances, after notice of nonconformity, shall entitle Buyer, at Buyer’s option, to charge Seller for storage and handling, or to dispose of the Products, without liability to Seller.
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REJECTION OF NONCONFORMING PRODUCTS. Buyer, in writing, may reject any Product that is not in compliance with the Product Specifications.
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REJECTION OF NONCONFORMING PRODUCTS. A. With the exception of DOA products, to be effective, PictureTel's rejection (or revocation of acceptance) of a nonconforming (i.e., not as ordered or does not work in accordance with specifications) shipment must be made by written notice to Accord and not later than 20 days after delivery of the Product to PictureTel. Accord, at its option, may correct the nonconforming Products on PictureTel's premises or may instruct PictureTel to return the nonconforming Products for replacement without charge. If the Products are to be returned, PictureTel will make the nonconforming Products available for pick-up by Accord or its carrier within 10 days, and Accord will bear the shipping costs for the returned Products and the replacement Products.
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Related to REJECTION OF NONCONFORMING PRODUCTS

  • Non-Conforming Product If Reliant notifies Cardinal Health during the Review Period that the Manufacturing Sample does not conform to the warranty set forth in Section 13.1 and Cardinal Health agrees with Client’s determination, Client shall not be responsible to pay for such batch (the “Defective Product”), and Cardinal Health shall, at Reliant’s option, either (A) replace any Batch of non-conforming Product, or (B) credit any payments made by Reliant for such Batch. If Cardinal Health does not agree with Reliant’s determination that such Product fails to meet the warranty set forth in Section 13.1, then after reasonable efforts to resolve the disagreement, the Parties shall cause a mutually acceptable independent third party to review records, test data and to perform comparative tests and/or analyses on the Manufacturing Sample. The results of the independent review shall be final and binding. Unless otherwise agreed to by the Parties in writing, the costs associated with such testing and review shall be borne by the non-prevailing Party. THE OBLIGATION OF CARDINAL HEALTH TO (A) REPLACE DEFECTIVE PRODUCT IN ACCORDANCE WITH THE SPECIFICATIONS OR CREDIT PAYMENTS MADE BY RELIANT FOR DEFECTIVE PRODUCT AND (B) REIMBURSE RELIANT FOR API LOST IN THE DEFECTIVE BATCH, SUBJECT TO THE LIMITATIONS IN ARTICLE 15.1, SHALL BE RELIANT’S SOLE AND EXCLUSIVE REMEDY (WITHOUT PREJUDICE TO ANY INDEMNIFICATION OBLIGATIONS UNDER SECTION 14.1 OR THE OBLIGATIONS OF SECTION 10.6 (RECALL)) UNDER THIS ARTICLE FOR DEFECTIVE PRODUCT AND IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED.

  • Defective Product Seller must guarantee a return for all defective products. a) Goods rejected by Buyer for whatever reason shall be held, transported and/or stored at Seller’s sole expense. Seller shall promptly reimburse Buyer for any such expenses. B) Defective product purchase COD will be returned COD to Seller or COD check will be cancelled, at Buyer’s discretion. c) Seller is responsible for all costs associated RoHS noncompliance returns and will accept a full return for all parts not meeting RoHS compliance criteria if necessary. d) Seller is 100% responsible for all monetary and/or rework costs associated with product failures in addition to any further cost whatsoever associated with product failures. e) If suspect parts/counterfeit parts are furnished under this agreement such parts shall be impounded by Buyer. Buyer may provide a sample batch Supplier for verification and authentication. In addition, Buyer reserves the right to send such items to the appropriate manufacturer and appropriate authorities for investigation. f) Seller shall be liable for all costs relating to impound, investigation, removal, or replacement of suspect/counterfeit parts.

  • Defective Products None of the Group Companies has manufactured, sold or supplied products which are, or were, in any material respect, faulty or defective, or which do not comply in any material respect with any representations or warranties expressly made by such Group Company, or with all applicable regulations, standards and requirements.

  • Supply of Materials The following materials will be supplied by the department Name of Materials Rate. Place of delivery 1.

  • Product Specifications The Company agrees that all Products sold to Xxxx hereunder shall conform to the respective specifications set forth on Schedule A or to such other specifications as are from time to time agreed upon by the Parties.

  • 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.

  • API If the Software offers integration capabilities via an API, your use of the API may be subject to additional costs or Sage specific policies and terms and conditions (which shall prevail in relation to your use of the API). You may not access or use the API in any way that could cause damage to us or the Software, or in contravention of any applicable laws. We reserve the right in our sole discretion, to: (i) update any API from time to time; (ii) place limitations around your use of any API; and (iii) deny you access to any API in the event of misuse by you or to otherwise protect our legitimate interests.

  • Product Warranty Seller provides general warranties of fitness and general warranties that the goods are free from defects, for 1 year from acceptance of the goods, except as may otherwise be set forth in the Description/Proposal, or other attached warranty.

  • Shipment Dell will ship the APEX System to the Site when included as part of the APEX Service. The terms and process for shipment and delivery of the APEX System will be stated in the applicable Service Offering Description.

  • Review of Materials During the term of this Agreement, Client shall ensure that all prospectuses, statements of additional information, registration statements, proxy statements, reports to shareholders, advertising and sales literature or other materials prepared for distribution to Fund shareholders or the public, which refer to the Subadviser in any way, prepared by employees or agents of Client or its affiliates are consistent with information previously provided by Subadviser. Subadviser shall promptly notify the Client of any changes to information pertaining to the Subadviser and stated in the materials described in this Section 6(g).

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