Common use of Client’s Right of Rejection Clause in Contracts

Client’s Right of Rejection. of the Products (i) prior to acceptance of Products, a Defect occurs, and the Products cannot be completed in a reasonable and timely manner; or (ii) during the Defects Liability Period the Contractor is not able to remedy a Defect that renders impossible the normal, safe and proper use or operation (including in accordance with the guaranteed technical performances as set forth in the Agreement) of the Products; then, the Client may reject the Products. In case of a rejection, the Client may: (i) either, ask that the Products, be replaced, totally or in part, by the Contractor, at the latter's cost and to his detriment and grievance, and without prejudice to the possible rights of the Client to damages. While waiting for the replacement, the Client is entitled to use these Products, under the responsibility of the Contractor, on condition of certain modifications, additions or adaptations made at the cost of the Contractor, either by himself or by another supplier, if need be. The rejected Products, are then freely at the disposal of the Client, who undertakes to use them in the operating and maintenance conditions specified in the documents transmitted by the Contractor; or (ii) refuse the replacement of the rejected Products, and, with a fifteen Days notice by registered letter, cancel all or part of the Agreement. This rejection and the early termination of the Agreement are notified by the Client to the Contractor as indicated above; the latter must repay to the Client, within thirty Days from the date of mailing of this notification, the payments already received for the rejected Products. In all the cases above, the rejected components are returned to the Contractor at the place of the installation, save for other regulatory or legal stipulations. The Contractor must, at his own cost, dismantle and evacuate these rejected elements, at the time indicated by the Client. Should the Contractor fail to do so, the Client may have the required demolition, dismantling, decontamination or evacuation done at the Contractor's cost, without any liability to the Client.