Rejection of Products Clause Samples

Rejection of Products. 8.1 The Purchaser shall have until the expiry of the Acceptance Period to conduct testing of the Products as the Purchaser deems appropriate. The Purchaser may reject any and all defective Products or Products which fail to comply with the Acceptance Standards. On or before the expiry of the Acceptance Period, the Purchaser may notify the Supplier if any of the Products are defective or fail to conform to the Acceptance Standards or otherwise do not comply with the terms hereof. In the event that the Products are defective or fail to conform to the Acceptance Standards, the Purchaser may, at their option, acting in their absolute discretion, require the Supplier to provide replacement Products or to rectify any such defects or failure. If the Purchaser requests the Supplier to rectify defects the Acceptance Period shall be extended until twenty (20) days after the date upon which the Supplier has rectified the defects. If, upon expiry of the Acceptance Period, including any extension thereof on account of rectification of defects, Acceptance has not occurred, the Purchaser shall return the Products to the Supplier at the Supplier’s sole expense and risk. 8.2 Acceptance shall not prejudice any rights of the Purchaser under the Agreement or in law in respect of defective Product, regardless of any verification of Acceptance or other document executed by the Purchaser. The making or failure to make any inspection of, or payment for, the Products covered by the Agreement shall in no way impair the Purchaser’s right to reject non-conforming or defective Products, nor be deemed to constitute Acceptance by the Purchaser of the Products, nor affect in any way the Supplier’s obligations under the Agreement nor the Supplier’s liability for Products that are defective or fail to meet the Acceptance Standards or from any consequences resulting therefrom, notwithstanding the Purchaser’s opportunity to inspect the goods or services, the Purchaser’s knowledge of the non-conformity or defect, its substantiality or the ease of its discovery, nor the Purchaser’s earlier failure to reject any Product.

Rejection of Products. 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 current brochure and specifications for that Product. Any Product not properly rejected within thirty (30) days after receipt of that Product by Purchaser ("Rejection Period") shall be deemed accepted. If any unit of a Product is shipped by Purchaser to its customer prior to the expiration of the Rejection Period, then that unit shall be deemed accepted upon shipment by Purchaser. To reject a Product, Purchaser shall, within the Rejection Period, notify Manufacturer in writing or by telex of its rejection and request a Return Material Authorization ("RMA") number. Manufacturer shall use its best efforts to provide the RMA number in writing or by telex to Purchaser within three (3) business days after receipt of the request. Within ten (10) days after receipt of the RMA number, Purchaser shall return to Manufacturer the rejected Product, freight prepaid, in its original shipping carton with the RMA number displayed on the outside of the carton. Provided that Manufacturer has complied with its obligations in this Subsection 4.11., Manufacturer reserves the right to refuse to accept any rejected Products that do not bear an RMA number 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 the shipping charges back to Purchaser for properly rejected Products; otherwise, Purchaser shall be responsible for the shipping charges.

Rejection of Products. 5.1 For the purposes of this clause, the following Products are deemed to be "Defective Products": (a) Products having any defect or not conforming to Product specifications or the requirements notified by Silver Fern Farms as notified from time to time; (b) Products supplied to Silver Fern Farms that Silver Fern Farms did not order; (c) Products supplied in a different quantity than ordered unless agreed to in writing by Silver Fern Farms; or (d) Products not delivered as required under this Agreement unless agreed to in writing by Silver Fern Farms. 5.2 Silver Fern Farms may, at its sole discretion: (a) reject Defective Products in whole or in part; or (b) require the Supplier to replace or re-perform Defective Products. 5.3 Silver Fern Farms must notify the Supplier of the reasons why Defective Products have been rejected. 5.4 If Silver Fern Farms rejects any of the Defective Products. Silver Fern Farms: (a) will return the rejected Defective Products to the Supplier at the Supplier's cost; and (b) is not required to pay for the Defective Products and the Supplier must immediately refund any payments made by Silver Fern Farms for the Defective Products without any set off or deduction.

Rejection of Products. Distributor shall inspect all Products promptly within 20 days of receipt. Distributor shall reject any Products in which the integrity of product sterility has been violated. Upon product rejection or product failure, Distributor shall notify EndoSonics and request a Returned Goods Authorization ("RGA") number. Only upon receipt of an RGA number, Distributor shall return to EndoSonics the rejected or failed Products, freight prepaid, in its original shipping carton with the RGA number displayed on the outside of the carton. Upon receipt of failed Products, EndoSonics will test such Products for failure analysis. If specific failure is observed, EndoSonics will, at its expense, replace failed Products with the same or substantially the same Products of equal value.

Rejection of Products. Unless otherwise stated in a specific Product Attachment, within thirty (30) business days from the receipt of a Product, OCD may reject such Product supplied hereunder which does not conform to the Product Requirements or fails OCD’s Incoming Testing criteria. Any claims for failure to so conform or for such defects (“Claims”) shall be made by OCD in writing to SNBTS, indicating the non-conforming characteristics of the Products. At the request and expense of SNBTS, OCD shall return the defective Product, or a representative sample thereof, to SNBTS for testing. Upon receipt by SNBTS of such Claim, and unless otherwise stated in a specific Product Attachment, SNBTS shall have thirty (30) business days to inspect Products and to provide a written response to OCD regarding such Claim. OCD shall have no obligation to pay for any Products that are subject to Claims. Should SNBTS’ test results reasonably confirm the Product’s non-conformance to the Product Requirements or to OCD’s Incoming Testing criteria, SNBTS shall, at OCD’s option and as promptly as possible after submission of a claim by OCD, (i) if payment has already been made by OCD, provide OCD with a refund of the full amount paid by OCD for such Products or issue OCD a credit against future ▇▇▇▇▇▇▇▇ equal to the full amount paid by OCD for such Products or (ii) replace such defective or non-conforming Products. SNBTS, at its option, may require that OCD (i) return Products that are the subject of Claims to SNBTS or (ii) dispose of Products that are the subject of Claims. SNBTS shall pay for all shipping costs of returning Products that are the subject of Claims or for all disposal costs incurred by OCD in connection with the disposal of Products that are the subject of Claims. In the event SNBTS requests that Products that are the subject of Claims be returned to SNBTS, SNBTS shall bear the risk of loss for such Products from the time such Products are picked up at OCD’s premises (or other site at which they may be located) for return delivery.

Rejection of Products. The parties agree that: (i) Annie’s may reject and refuse to pay for Products within [***] days of delivery, which (a) do not fully comply with the Specifications; (b) have been damaged during storage or handling prior to being shipped FOB ▇▇▇▇▇ Luna’s Primary Facility; (c) have been damaged during shipping if delivered to Annie’s designated primary warehouse, currently D2000; or (d) are not in compliance with the other terms and conditions of this Agreement. (ii) if Annie’s has previously paid ▇▇▇▇▇ ▇▇▇▇ for Products which are later rejected by Annie’s, Annie’s shall invoice ▇▇▇▇▇ ▇▇▇▇, including all supporting documentation, for the cost of such rejected Products and for any freight, handling or other disposition costs or expenses incurred by Annie’s in connection with such rejected Products, and shall receive credit from ▇▇▇▇▇ ▇▇▇▇ within 30 days of such invoice; (iii) Annie’s may reject and refuse to pay for Products which have been produced and packaged during a particular production run if quality assurance samples from that production run do not conform to the Specifications or are otherwise not in compliance with the terms and conditions of this Agreement; and (iv) any material, work-in-process or Products rejected by Annie’s shall be disposed of by ▇▇▇▇▇ ▇▇▇▇ at ▇▇▇▇▇ Luna’s cost and expense.

Rejection of Products. 3.10.1 Distributor shall promptly inspect the Products in respect of any quantity shortage and breakage of packages (collectively, “Non-conformity”), and any claim against which shall be raised to MPNT in writing within ten (10) Business Days after receipt of the Products (the “Rejection Period”). In the event that no such claim is raised within the Rejection Period, the said Products shall be deemed under good conditions, consistent with the Order and MPNT shall not be liable for any claims raised thereafter. 3.10.2 In order to reject a Product, Distributor shall, within the Rejection Period, notify MPNT of any Non-conformity in writing, by facsimile or e-mail of its rejection(the “Rejection Notice”), the Rejection Notice must include (but not limited to) the following contents: Order number, delivery date and place, name and quantity of the Products which are considered not to be consistent with the Order, the counselor feedback, form of Customer Feedback Form, the reason and evidence why Distributor considers the Products not in conformity with the Order and any other documentation and information required by MPNT on a case-by-case basis (the “Rejection Evidence”). 3.10.3 MPNT will evaluate all such Rejection Evidence to determine if there is any Non-conformity in respect of the rejected Products. In the event MPNT confirms such Non-conformity, then after friendly communication with Distributor, and at MPNT’s sole election, Distributor shall either return or destroy the rejected Products in accordance with MPNT’s instruction from time to time. In the case of return of the Products, Distributor shall return to MPNT the rejected Products, freight prepaid, in its original shipping carton as promptly as possible, but no later than thirty (30) Business Days after its receipt of the Products. The rejected Products shall be shipped to MPNT’s designated address and delivered to MPNT’s designated liaison pursuant to MPNT’s instruction from time to time. MPNT shall either replace the Products at its expense, or credit Distributor for the price of the rejected Products paid by Distributor, at MPNT’s sole discretion. In the case of destruction of the Products, Distributor shall, at its own costs, (i) destroy such rejected Products locally and (ii) submit documentary evidence of such destruction to MPNT for review and archival purpose, as required by MPNT. After MPNT confirms all documentary evidence of such destruction of the

Rejection of Products. The parties agree that: (a) Annie’s or a Designee, as the case may be, may reject and refuse to pay for Products that (i) do not fully comply with the Specifications or were not manufactured in accordance with the Specifications, (ii) have been damaged during storage or handling prior to being shipped from DC’s facility(ies) or (iii) are not in compliance with the other terms and conditions of this Agreement (“Properly Rejected Product”). (b) If DC has received payment for Properly Rejected Products, Annie’s shall provide DC a statement which includes substantiating documentation, for the cost of such Properly Rejected Products and for any freight, handling or other reasonable disposition costs or expenses incurred by Annie’s in connection with such Properly Rejected Products, and Annie’s shall receive credit from DC within thirty (30) days of such invoice. (c) Annie’s or a Designee, as the case may be, may reject and refuse to pay for Products that have been produced and packaged during a particular production run if quality assurance samples from that production run do not conform to the Specifications or were not manufactured in accordance with the Specifications or are otherwise not in compliance with the terms and conditions of this Agreement. Following return of the rejected Products to DC, if the Parties mutually agree that such rejection of Products by Annie’s or a Designee was unwarranted, Annie’s shall reimburse DC for the reasonable and documented costs incurred by DC for transportation of such rejected Products to DC and inspection and testing thereof.

Rejection of Products. Distributor shall inspect all Products promptly upon receipt thereof and may reject any Product that is defective in any material way. To reject a Product, Distributor shall notify S4S of its rejection in writing and request a Returned Goods Authorization (“RGA”) number. S4S shall promptly provide the RGA number to Distributor after receipt of the request. As promptly as possible, but no later than 30 working days after receipt of properly rejected Products, S4S shall, at its expense, replace the Products. For properly rejected Products, S4S shall credit Distributor for the return charges and shall pay all shipping charges for sending replacement Product back to Distributor; otherwise (i.e., if rejection was not proper), Distributor shall be responsible for the shipping charges. For avoidance of doubt: S4S’s Section 4 product warranties will continue to apply even to Products which were accepted or which were improperly rejected.