Common use of Rejection and Replacement Clause in Contracts

Rejection and Replacement. 10.1 Without prejudice to or limitation of its statutory rights Network Rail may, at any time prior to payment for the relevant Goods, notwithstanding the use or continued use by Network Rail of the Goods after any right to reject them has arisen, reject by notice in writing (without liability to Network Rail) any Goods which, in the reasonable opinion of Network Rail, are not of satisfactory quality and/or fit for their purpose and/or in accordance with the Specification and/or the Purchase Order. Any Goods not so rejected shall be deemed to have been accepted by Network Rail. 10.2 The Supplier shall remove the rejected Goods within fourteen days of the date of Network Rail’s notice of rejection, failing which Network Rail may (at its sole option) deliver them to the Supplier, in either case at the Supplier’s cost and risk. 10.3 Where such rejected Goods form part of a series of consignments, nothing in this Contract shall prevent Network Rail from accepting subsequent consignments if the Goods contained within such subsequent consignments are acceptable to Network Rail.

Rejection and Replacement. 10.1 Without prejudice to or limitation of its statutory rights Network Rail may, at any time prior to payment for the relevant Goods, notwithstanding the use or continued use by Network Rail of the Goods after any right to reject them has arisen, reject by notice in writing (without liability to Network Rail) any Goods which, in the reasonable opinion of Network Rail, are not of satisfactory quality and/or fit for their purpose and/or in accordance with the Schedule 1 Specification and/or the Purchase Contract Order. Any Goods not so rejected shall be deemed to have been accepted by Network Rail. 10.2 The Supplier shall remove the rejected Goods within fourteen days of the date of Network Rail’s notice of rejection, failing which Network Rail may (at its sole option) deliver them to the Supplier, in either case at the Supplier’s cost and risk. 10.3 Where such rejected Goods form part of a series of consignments, nothing in this Contract shall prevent Network Rail from accepting subsequent consignments if the Goods contained within such subsequent consignments are acceptable to Network Rail.