Common use of Rejection of Products Clause in Contracts

Rejection of Products. Distributor shall inspect all Products promptly upon receipt thereof and may reject any Product that fails in any material way to meet the specifications set forth in Manufacturer’s current published specifications for that Product. Any Product not properly rejected within thirty (30) days after receipt of that Product by Distributor (“Rejection Period”) shall be deemed accepted. Sterile Products must be accepted or rejected within 30 days after shipment to customer from Distributor’s warehouses, but in no event later than its sterile expiration date. The sterile expiration date of a sterile Product shall not be earlier than 5 months from the end of the labeled shelf life of the Product and in any event no less than 13 months from Distributor’s receipt of said sterile Product. To reject a Product, Distributor shall, within the Rejection Period, notify Manufacturer in writing of its rejection and request a Return Goods Authorization (“RGA”) number. Manufacturer shall use its best efforts to provide the RGA number in writing to Distributor within fifteen (15) days after receipt of the Distributor’s request. Within ten (10) days after receipt of the RGA number, Distributor shall return to Manufacturer the rejected Product, freight prepaid, in its original shipping carton or container with the RGA number clearly displayed on the outside of the carton or container. Provided that Manufacturer has complied with its obligations in this Subsection 3(i), Manufacturer reserves the right to refuse to accept any rejected Product that does not bear an RGA number clearly displayed on the outside of the carton. As promptly as possible, but no later than thirty (30) working days after receipt by Manufacturer of properly rejected Products, Manufacturer shall, at its option and expense, either repair or replace the Products. Manufacturer shall pay, or reimburse, all reasonable shipping charges for properly rejected Products; otherwise, Distributor shall be responsible for the shipping charges. Delivery via commercial carrier, the post office or facsimile (“FAX”) shall be considered acceptable means of written notification for the above purposes.

Rejection of Products. Distributor Purchaser shall inspect all Products promptly upon receipt thereof and may reject any Product that fails in any material way to meet the specifications set forth in Manufacturer’s 's current published brochure and specifications for that Product. Any Product not properly rejected within thirty (30) days after receipt of that Product by Distributor Purchaser (“"Rejection Period”") shall be deemed accepted. Sterile Products must be accepted or rejected within 30 days after shipment to customer from Distributor’s warehouses, but in no event later than its sterile expiration date. The sterile expiration date If any unit of a sterile Product shall not be earlier than 5 months from is shipped by Purchaser to its customer prior to the end expiration of the labeled shelf life of the Product and in any event no less than 13 months from Distributor’s receipt of said sterile ProductRejection Period, then that unit shall be deemed accepted upon shipment by Purchaser. To reject a Product, Distributor Purchaser shall, within the Rejection Period, notify Manufacturer in writing or by telex of its rejection and request a Return Goods Material Authorization (“RGA”"RMA") number. Manufacturer shall use its best efforts to provide the RGA RMA number in writing or by telex to Distributor Purchaser within fifteen three (153) business days after receipt of the Distributor’s request. Within ten (10) days after receipt of the RGA RMA number, Distributor Purchaser shall return to Manufacturer the rejected Product, freight prepaid, in its original shipping carton or container with the RGA RMA number clearly displayed on the outside of the carton or containercarton. Provided that Manufacturer has complied with its obligations in this Subsection 3(i)4.11., Manufacturer reserves the right to refuse to accept any rejected Product Products that does do not bear an RGA RMA number clearly displayed on the outside of the carton. As promptly as possible, possible but no later than thirty (30) working days after receipt by Manufacturer of properly rejected Products, Manufacturer shall, at its option and expense, either repair or replace the Products. Manufacturer shall pay, or reimburse, all reasonable pay the shipping charges back to Purchaser for properly rejected Products; otherwise, Distributor Purchaser shall be responsible for the shipping charges. Delivery via commercial carrier, the post office or facsimile (“FAX”) shall be considered acceptable means of written notification for the above purposes.

Rejection of Products. Distributor Fukuda shall inspect all IVUS Products, except those IVUS Products which are sterilized and sealed by EndoSonics at its plant, promptly upon receipt thereof and may reject any IVUS Product that fails in any material way to meet the specifications set forth in Manufacturer’s EndoSonics’ current published product specifications for that IVUS Product. Any IVUS Product not properly rejected within thirty sixty (3060) days after of receipt of that IVUS Product by Distributor at Fukuda’s facility after customs clearance for import (the “Rejection Period”) shall be deemed accepted. Sterile Products must be accepted or rejected within 30 days after shipment to customer from Distributor’s warehouses, but in no event later than its sterile expiration date. The sterile expiration date of a sterile Product shall not be earlier than 5 months from the end of the labeled shelf life of the Product and in any event no less than 13 months from Distributor’s receipt of said sterile Product. To reject a an IVUS Product, Distributor Fukuda shall, within the Rejection Period, notify Manufacturer EndoSonics in writing by facsimile of its rejection and request a Return Goods Material Authorization (“RGARMA”) number. Manufacturer EndoSonics shall use its best efforts to provide the RGA RMA number in writing by facsimile to Distributor Fukuda within fifteen ten (1510) days after of receipt of the Distributor’s request. Within ten (10) days after of receipt of the RGA RMA number, Distributor Fukuda shall return to Manufacturer EndoSonics the rejected IVUS Product, freight prepaidcollect, in its original shipping carton or container with the RGA number clearly displayed on the outside of the carton or containercarton. Provided that Manufacturer EndoSonics has complied with its obligations in this Subsection 3(i)Agreement, Manufacturer EndoSonics reserves the right to refuse to accept any rejected Product IVUS Products that does do not bear an RGA RMA number clearly displayed on the outside of the carton. As promptly as possible, possible but no later than thirty fifteen (3015) working days after receipt by Manufacturer EndoSonics of properly rejected IVUS Products, Manufacturer EndoSonics shall, at its option and expense, either repair or replace the Products. Manufacturer shall pay, or reimburse, all reasonable shipping charges for properly rejected Products; otherwise, Distributor shall be responsible for the shipping charges. Delivery via commercial carrier, the post office or facsimile (“FAX”) shall be considered acceptable means of written notification for the above purposesIVUS Products and ship such replacement IVUS Products freight prepaid.

Rejection of Products. Distributor shall inspect all Products promptly upon receipt thereof, such inspection to include, without limitation, a quality control analysis to determine whether Products and, where applicable, components thereof meet the specifications set forth in then-current package inserts for such Products and components and the Certificate of Analysis accompanying each shipment of Products. Distributor may reject any Product or component thereof that fails in any material way to meet such specifications. In the specifications set forth in Manufacturer’s current published specifications event that Distributor is not able to conduct a quality control analysis, Distributor, at Distributor's expense, may utilize contract facilities to conduct such analysis. Manufacturer will maintain samples of each production lot of Product, and Distributor will maintain samples of each shipment lot of Product, for that Productarchival purposes. Any Product or component thereof not properly rejected within thirty four (304) days weeks after receipt of that Product by Distributor (“"Rejection Period”") shall be deemed accepted. Sterile Products must be accepted or rejected within 30 days after shipment If any Product is shipped by Distributor to Distributor's customer from Distributor’s warehouses, but in no event later than its sterile prior to expiration date. The sterile expiration date of a sterile Product shall not be earlier than 5 months from the end of the labeled shelf life of the Product and in any event no less than 13 months from Rejection Period, such unit shall be deemed accepted upon shipment by Distributor’s receipt of said sterile Product. To reject a ProductProduct or a component thereof, Distributor shall, within the Rejection Period, notify Manufacturer in writing or by telecopy of its Distributor's rejection and request of such Product or component, stating the reason for such rejection. In the event that Manufacturer, in Manufacturer's sole discretion, desires that Distributor return a Return Goods Authorization (“RGA”) number. Manufacturer shall use its best efforts rejected Product or component thereof to provide the RGA number in writing to Distributor within fifteen (15) days after receipt of the Distributor’s request. Within ten (10) days after receipt of the RGA numberManufacturer, Distributor shall return to Manufacturer the rejected ProductProduct or component thereof, freight prepaid, in its original shipping carton . Manufacturer will provide Distributor a credit to be applied against Distributor's future Product orders equal to the freight charges prepaid by Distributor for properly rejected Products or container with the RGA number clearly displayed on the outside of the carton or container. Provided that Manufacturer has complied with its obligations in this Subsection 3(i), Manufacturer reserves the right to refuse to accept any rejected Product that does not bear an RGA number clearly displayed on the outside of the cartoncomponents thereof. As promptly as possible, possible but no later than thirty (30) working days after receipt by Manufacturer of properly rejected ProductsProducts or components thereof, Manufacturer shall, at its option and expense, either repair shall replace such Products or replace the Productscomponents. Manufacturer shall pay, or reimburse, all reasonable pay shipping charges in connection with shipment of replaced Products or components thereof to Distributor for properly rejected Products; otherwise, Distributor shall be responsible for the shipping charges. Delivery via commercial carrierIn the event that such replaced Products or components are shipped to Distributor together with Products corresponding to a purchase order pursuant to this Agreement, the post office or facsimile (“FAX”) shipping charges in connection with such shipment shall be considered acceptable means of pro-rated between Manufacturer and Distributor. After the Rejection Period, Distributor may not return any Products or, if applicable, components thereof to Manufacturer for any reason without Manufacturer's prior written notification for the above purposesconsent.

Rejection of Products. Distributor Company shall inspect all Products promptly --------------------- upon receipt thereof and may reject any Product that fails in any material way to meet the specifications set forth in Manufacturer’s current published specifications for that Productthe Product List or is otherwise defective in material and workmanship. Any Product not properly rejected within thirty ninety (3090) days after receipt of that Product by Distributor Company (“the "Rejection Period”") shall be deemed accepted. Sterile Products must be accepted or rejected within 30 days after shipment to customer from Distributor’s warehouses, but in no event later than its sterile expiration date. The sterile expiration date If any unit of a sterile Product shall not be earlier than 5 months from the end is shipped by Company to any of its customers prior to expiration of the labeled shelf life of the Product and in any event no less than 13 months from Distributor’s receipt of said sterile ProductRejection Period, then that unit shall be deemed accepted upon shipment by Company. To reject a Product, Distributor Company shall, within the Rejection Period, notify Manufacturer in writing or by telex of its rejection and request a Material Return Goods Authorization (“RGA”"MRA") number. Manufacturer shall use its best efforts to provide the RGA MRA number in writing or by telex to Distributor Company within fifteen (15) days after receipt of the Distributor’s request. Within ten fifteen (1015) days after receipt of the RGA MRA number, Distributor Company shall return to Manufacturer the rejected Product, freight prepaid, in its original shipping carton or container with the RGA MRA number clearly displayed on the outside of the carton or containercarton. Provided that Manufacturer has complied with its obligations in this Subsection 3(i2(k), Manufacturer reserves the right to refuse to accept any rejected Product Products that does do not bear an RGA MRA number clearly displayed on the outside of the carton. As promptly as possible, possible but no later than thirty (30) working days after receipt by Manufacturer of properly rejected Products, Manufacturer shall, at its option and expense, either repair or replace the Products. Manufacturer shall pay, or reimburse, all reasonable pay the shipping charges back to Company for properly rejected Products; otherwise, Distributor Company shall be responsible for the shipping charges. Delivery via commercial carrierIf, after being requested by Company, Manufacturer fails to timely issue an MRA, or promptly replace or correct any defective item, then Buyer (i) may, by contract or otherwise, replace or correct such item and charge to Manufacturer the post office or facsimile cost occasioned thereby, (“FAX”ii) shall be considered acceptable means of written notification may require an appropriate reduction in price for the above purposessuch defective Product.