Rejection of Produce Clause Samples

Rejection of Produce. 10.1. The Merchant will accept and be deemed to have accepted delivery of all Produce delivered to the Merchant unless the Merchant rejects the Produce as set out in this clause 10. 10.2. The Merchant may reject such part of the Produce delivered by the Grower that does not materially satisfy the type or Quality requirements specified in this Agreement. 10.3. The Merchant may also reject the Produce if: (a) the Grower does not have title in the Produce delivered by the Grower; or (b) if the Produce is not delivered in accordance with this Agreement. 10.4. A rejection by the Merchant is not effective (and the Merchant is deemed to have accepted the Produce) unless within 24 hours after the time at which the Produce is delivered, the Merchant notifies the Grower in writing that the Produce is rejected and provides valid reasons for the rejection. 10.5. Notwithstanding clause 10.3, if the Merchant rejects the Produce, the Merchant must, within 24 hours of issuing the notice of rejection to the Grower, advise the Grower that the Produce has been rejected. 10.6. Where the Produce is rejected by the Merchant, the Merchant will hold the Produce at the Place of Delivery for collection by the Grower at an agreed time, unless the grower agrees in writing to renegotiate the sale of the rejected produce to the Merchant including but not limited to negotiating a class for the produce other than class 1 produce as defined by FreshSpecs produce specification.
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Rejection of Produce. Horticulture produce supplied by the Grower may be rejected by the Trader: - If the produce does not meet the agreed quality requirements described in clause 5; - If the Trader and Grower have not agreed, in advance, for the produce to be delivered; or - If the Trader reasonably suspects or is aware that the produce has been delivered contrary to Law, including in contravention of the obligations of the Grower or Trader or both under the Heavy Vehicle National Law. The Trader will notify the Grower’s contact person in accordance with clause 18 within 24 hours following delivery, if it rejects any horticulture produce (rejection notice). The Trader will advise the Grower in writing of the rejection and the reasons for the rejection within 2 business days following delivery of the horticulture produce. Where the Trader rejects the produce, the Grower is responsible for recovery and/or movement and disposal of the horticulture produce. Where the Grower does not respond to the rejection notice within 24 hours of its issuance, or fails to retake possession of the produce within 5 business days of the rejection notice, the Grower may destroy and dispose of the rejected produce, or deliver the rejected produce to the Grower, at the Grower’s expense. The Trader will provide reasonable assistance to the Grower to move and/or dispose the rejected produce at the Grower’s expense.
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Rejection of Produce. 11.1. The Agent will accept and be deemed to have accepted delivery of all Produce delivered to the Agent unless the Agent rejects the Produce as set out in this clause 11. [The circumstances in which the Agent may reject the Produce delivered by the Grower must be specified in this Agreement. If the circumstances are not specified in this Agreement then the circumstances may not be relied upon.] 11.2. The Agent may reject such part of the Produce delivered by the Grower that does not materially satisfy the type, Quality or Quantity requirements specified in this Agreement. 11.3. The Agent may also reject the Produce if: (a) the Grower does not have title in the Produce delivered by the Grower; or (b) if the Produce is not delivered in accordance with this Agreement. 11.4. A rejection by the Agent is not effective (and the Agent is deemed to have accepted the Produce) unless within 24 hours [Consider appropriate timing to reject the Produce and amend accordingly.] after the time at which the Produce is delivered, the Agent notifies the Grower in writing that the Produce is rejected and provides valid reasons for the rejection. 11.5. Where Produce is rejected by the Agent, the Agent will hold the Produce at [insert address / the Place of Delivery] for collection by the Grower at an agreed time [or return the Produce to the Grower at the
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Rejection of Produce. Horticulture produce supplied by a grower may be rejected if the horticulture produce does not meet the agreed quality requirements described in the FreshSpecs standard for class one produce or the trader has not agreed, in advance, to receive the produce for sale. The trader will immediately notify the grower by telephone, fax, email or other electronic means if it rejects any horticulture produce and will subsequently advise the grower in writing of the rejection and the reasons for the rejection within 2 business days following delivery of the horticulture produce to the trader. Where the trader rejects the Horticulture produce, the grower is responsible for recovery and/or movement and disposal of the Horticulture produce. Where possible the trader will provide assistance to the grower to move and/or dispose of the rejected Horticultural Produce at the grower’s expense.
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Related to Rejection of Produce

  • Supply of Product Salix shall use reasonable efforts to supply the Product during the Co-Promotion Period in sufficient quantities to satisfy the levels of Product sales forecasted in the then current Marketing Plan. Salix shall maintain reasonable inventory levels of the Product in order to ensure their ability to fulfill this obligation. Salix shall have the sole responsibility and right to fill orders with respect to the Product. Altana shall not solicit orders for the Product but, if for any reason, Altana shall receive an order for the Product, Altana shall promptly forward to Salix any such orders. All orders for Product shall be subject to acceptance by Salix, in its sole discretion, which acceptance shall not be unreasonably withheld. Salix may cancel any order for Product at any time after acceptance without incurring any liability to Altana. Salix shall be solely responsible for responding to requests from Target Physicians for individual patients who need the Product but are unable to afford it. Any such request shall be forwarded by Altana to Salix for processing. Salix shall have the sole right and responsibility for establishing and modifying the terms and conditions of the sale of the Product, including (a) the price at which the Product will be sold, (b) whether the Product will be subject to trade or quantity discounts, (c) whether any discount will be provided for payments on accounts receivable, (d) whether the Product will be subject to rebates, returns and allowances or retroactive price reductions, (e) the channels of distribution of the Product, and (f) whether credit [*] Confidential treatment requested; certain information omitted and filed separately with the SEC. is to be granted or refused in connection with any sale of Product. In the event that Salix fails to supply the Product as required pursuant to this Agreement for any reason other than a Force Majeure, which such failure results in lost sales for Altana, the Parties shall meet and attempt to negotiate a mutually agreeable and commercially reasonable solution. If the Parties cannot reach such an agreement within a reasonable period of time, the issue will be dealt with as contemplated under Section 4.4 of this Agreement.

  • Supply of Products ‌‌ 3.1 The Supplier warrants that the Products shall: (a) correspond with their description and any applicable Product Specification; (b) conform in all respects with the Order and any relevant sample; (c) be of satisfactory quality and fit for any purpose held out by the Supplier or made known to the Supplier by Ornua, expressly or by implication, and in this respect Ornua relies on the Supplier's skill and judgement; (d) be manufactured by properly trained and qualified personnel using all reasonable skill, care and diligence and in a good and workmanlike manner;‌ (e) where they are manufactured products, be free from defects in design, materials and workmanship and remain so for the period set out in the Product Specification or, if none is specified, for at least 12 months after delivery; (f) comply with all applicable statutory and regulatory requirements relating to the manufacture, labelling, packaging, storage, handling and delivery of the Products;‌ (g) comply with all relevant standards including any UK Standards, European Standards or International Standards applicable in the UK and the country or State where the Products are to be used; and (h) in the case of Products containing food stuffs, when delivered to Ornua, comply with all applicable food and hygiene legislation and regulations and best industry practice.‌ 3.2 The Supplier shall ensure that at all times it has and maintains all licences, permissions, authorisations, consents and permits needed to carry out its obligations under the Contract in respect of the supply of Products. Breach of this Condition shall be deemed a material breach of the Contract. 3.3 Ornua may inspect and test the Products at any time before delivery. The Supplier shall remain fully responsible for the Products despite any such inspection or testing and any such inspection or testing shall not reduce or otherwise affect the Supplier's obligations under the Contract. 3.4 If following such inspection or testing Ornua considers that the Products do not comply or are unlikely to comply with the Supplier's undertakings at clause 3.1, Ornua shall inform the Supplier and the Supplier shall immediately take such remedial action as is necessary to ensure compliance.‌ 3.5 Ornua may conduct further inspections and tests after the Supplier has carried out its remedial actions.

  • Purchase Order Pricing/Product Deviation If a deviation of pricing/product on a Purchase Order or contract modification occurs between the Vendor and the TIPS Member, TIPS must be notified within five (5) business days of receipt of change order. TIPS reserves the right to terminate this agreement for cause or no cause for convenience with a thirty (30) days prior written notice. Termination for convenience is conditionally required under Federal Regulations 2 CFR part 200 if the customer is using federal funds for the procurement. All purchase orders presented to the Vendor, but not fulfilled by the Vendor, by a TIPS Member prior to the actual termination of this agreement shall be honored at the option of the TIPS Member. The awarded Vendor may terminate the agreement with ninety (90) days prior written notice to TIPS ▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇. The vendor will be paid for goods and services delivered prior to the termination provided that the goods and services were delivered in accordance with the terms and conditions of the terminated agreement. This termination clause does not affect the sales agreements executed by the Vendor and the TIPS Member customer pursuant to this agreement. TIPS Members may negotiate a termination for convenience clause that meets the needs of the transaction based on applicable factors, such as funding sources or other needs. Usually, purchase orders or their equal are issued by participating TIPS Member to the awarded vendor and should indicate on the order that the purchase is per the applicable TIPS Agreement Number. Orders are typically emailed to TIPS at ▇▇▇▇▇▇@▇▇▇▇-▇▇▇.▇▇▇. • Awarded Vendor delivers goods/services directly to the participating member. • Awarded Vendor invoices the participating TIPS Member directly. • Awarded Vendor receives payment directly from the participating member. • Fees are due to TIPS upon payment by the Member to the Vendor. Vendor agrees to pay the participation fee to TIPS for all Agreement sales upon receipt of payment including partial payment, from the Member Entity or as otherwise agreed by TIPS in writing and signed by an authorized signatory of TIPS.

  • Conformity of production 8.1. Procedures concerning conformity of production shall comply with those set out in the 1958 Agreement, Schedule 1 (E/ECE/TRANS/505/Rev.3) and meet the following requirements: 8.2. A vehicle approved pursuant to this Regulation shall be so manufactured as to conform to the type approved by meeting the requirements of paragraph 5. above; 8.3. The Type Approval Authority which has granted approval may at any time verify the conformity of control methods applicable to each production unit. The normal frequency of such inspections shall be once every two years.

  • Acceptance of Products ▇▇▇▇▇ acknowledges and agrees that Software is not subject to acceptance criteria or testing. Buyer further agrees that partial or beneficial use of any Product(s) by ▇▇▇▇▇, ▇▇▇▇▇’s customer, or any End User, including any placement of Software into a production environment at any time, will constitute final acceptance of such Product(s) under this Agreement.