Common use of Rejection of Products Clause in Contracts

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. Purchaser 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 ’s current brochure and published specifications for that Product. Any Product not properly rejected within thirty (30) days after receipt of that Product by Purchaser Distributor ("“Rejection Period"”) shall be deemed accepted. If any unit 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 is shipped by Purchaser to its customer prior to shall not be earlier than 5 months from the expiration end of the Rejection Period, then that unit shall be deemed accepted upon shipment by Purchaserlabeled 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, Purchaser Distributor shall, within the Rejection Period, notify Manufacturer in writing or by telex of its rejection and request a Return Material Goods Authorization ("RMA"“RGA”) number. Manufacturer shall use its best efforts to provide the RMA RGA number in writing or by telex to Purchaser Distributor within three fifteen (315) business days after receipt of the Distributor’s request. Within ten (10) days after receipt of the RMA RGA number, Purchaser Distributor shall return to Manufacturer the rejected Product, freight prepaid, in its original shipping carton or container with the RMA RGA number clearly displayed on the outside of the cartoncarton or container. Provided that Manufacturer has complied with its obligations in this Subsection 4.11.3(i), Manufacturer reserves the right to refuse to accept any rejected Products Product that do does not bear an RMA RGA 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 the pay, or reimburse, all reasonable shipping charges back to Purchaser for properly rejected Products; otherwise, Purchaser 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. Purchaser (i) 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 then-current brochure and specifications for that such Product. Any Product not properly rejected within thirty (30) days after of receipt of that such Product by Purchaser DISTRIBUTOR ("the “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 DISTRIBUTOR shall, within the Rejection Period, notify Manufacturer in writing or by telex COMPANY of its rejection and request a Material Return Material Authorization ("RMA"“MRA”) number. Manufacturer COMPANY shall use its best efforts to provide the RMA MRA number in writing or by telex to Purchaser DISTRIBUTOR within three seven (37) business days after of receipt of the request. Within ten seven (107) days after of receipt of the RMA MRA number, Purchaser DISTRIBUTOR shall return to Manufacturer COMPANY the rejected Product, freight prepaidcollect, in its original shipping carton with the RMA MRA number displayed on the outside of the carton. Provided that Manufacturer has complied with its obligations in this Subsection 4.11., Manufacturer COMPANY reserves the right to refuse to accept any rejected Products that do not bear an RMA MRA 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 COMPANY shall, at its option and expense, either repair replace the Products or replace refund DISTRIBUTOR’s original fully landed purchase price for the Products. Manufacturer COMPANY shall pay the cost of shipping charges back to Purchaser incurred by DISTRIBUTOR for properly rejected Products; otherwiseproducts. (ii) Notwithstanding the foregoing, Purchaser Products which are found to be defective for failure to conform to COMPANY’s specifications at an end-user’s site shall be responsible for initially replaced by DISTRIBUTOR. COMPANY shall then replace such defective Products with Products meeting specifications within thirty (30) days of (1) receipt of the shipping chargesdefective Products, or (2) confirmation by DISTRIBUTOR that such defective Products have been disposed of by an end-user and receipt of a completed customer complaint form. The final good faith determination concerning non-conformance of any Product shall rest solely with COMPANY.

Rejection of Products. Purchaser 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 brochure and 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 Purchaser at Fukuda’s facility after customs clearance for import ("the “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 an IVUS Product, Purchaser Fukuda shall, within the Rejection Period, notify Manufacturer EndoSonics in writing or by telex facsimile of its rejection and request a Return Material Authorization ("“RMA"”) number. Manufacturer EndoSonics shall use its best efforts to provide the RMA number in writing or by telex facsimile to Purchaser Fukuda within three ten (310) business days after of receipt of the request. Within ten (10) days after of receipt of the RMA number, Purchaser Fukuda shall return to Manufacturer EndoSonics the rejected IVUS Product, freight prepaidcollect, in its original shipping carton with the RMA number displayed on the outside of the carton. Provided that Manufacturer EndoSonics has complied with its obligations in this Subsection 4.11.Agreement, Manufacturer EndoSonics reserves the right to refuse to accept any rejected IVUS Products that do not bear an RMA number on the outside of the carton. As promptly as 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 the shipping charges back to Purchaser for properly rejected Products; otherwise, Purchaser shall be responsible for the shipping chargesIVUS Products and ship such replacement IVUS Products freight prepaid.

Rejection of Products. Purchaser 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 brochure the Product List or is otherwise defective in material and specifications for that Productworkmanship. Any Product not properly rejected within thirty ninety (3090) days after receipt of that Product by Purchaser Company (the "Rejection Period") shall be deemed accepted. If any unit of a Product is shipped by Purchaser Company to any of its customer customers prior to the expiration of the Rejection Period, then that unit shall be deemed accepted upon shipment by PurchaserCompany. To reject a Product, Purchaser Company shall, within the Rejection Period, notify Manufacturer in writing or by telex of its rejection and request a Material Return Material Authorization ("RMAMRA") number. Manufacturer shall use its best efforts to provide the RMA MRA number in writing or by telex to Purchaser Company within three fifteen (315) business days after receipt of the request. Within ten fifteen (1015) days after receipt of the RMA MRA number, Purchaser Company shall return to Manufacturer the rejected Product, freight prepaid, in its original shipping carton with the RMA MRA number displayed on the outside of the carton. Provided that Manufacturer has complied with its obligations in this Subsection 4.11.2(k), Manufacturer reserves the right to refuse to accept any rejected Products that do not bear an RMA MRA 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 Company for properly rejected Products; otherwise, Purchaser Company shall be responsible for the shipping charges. If, 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 cost occasioned thereby, (ii) may require an appropriate reduction in price for such defective Product.

Rejection of Products. Purchaser (i) Distributor shall inspect all Products products promptly upon receipt thereof and may reject any Product product that fails in any material way to meet the specifications set forth in ManufacturerOBL's current brochure and specifications or related literature for that Productproduct. Any Product product not properly rejected within thirty (30) days after of receipt of that Product product by Purchaser Distributor (the "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 Productproduct, Purchaser Distributor shall, within the Rejection Period, notify Manufacturer OBL 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 requestrejection. Within ten seven (107) days after receipt of the RMA numberrejection, Purchaser Distributor shall return to Manufacturer OBL the rejected Productproduct, freight prepaid, in its original shipping carton with the RMA number displayed clear written identification on the outside of the carton. Provided carton that Manufacturer has complied with its obligations in this Subsection 4.11., Manufacturer reserves the right to refuse to accept any a rejected Products that do not bear an RMA number on the outside of the cartonProduct is contained therein. As promptly as possible but no later than thirty (30) working days after receipt by Manufacturer of properly rejected Productsproducts, Manufacturer OBL shall, at its option and expense, either repair or replace the Productsproducts. Manufacturer OBL shall pay the shipping charges back to Purchaser at its option and expense, replace the products. OBL shall pay the shipping charges back to Distribution for properly rejected Productsproducts; otherwise, Purchaser Distributor shall be responsible for the shipping charges. (ii) After the Rejection Period, Distributor may not return a product to OBL for any reason without OBL's prior written consent. Such consent may be withheld by OBL for any reason that OBL deems appropriate in its sole discretion. For any product for which OBL gives such consent, OBL shall charge twenty-five percent (25%) of Distributor's purchase price for that product and shall credit the balance of the purchase price to Distributor's account within thirty (30) days upon receipt of returned product. Distributor shall be responsible for all shipping charges. (iii) Products which are found not to conform to OBL's specifications at an end-user's site shall be replaced by the Distributor. OBL shall replace Distributor's inventory within thirty (30) days after receipt of the defective product and a completed customer complaint form. The final decision concerning product non-conformance rests solely with OBL.

Rejection of Products. Purchaser 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 Manufacturerevent that Distributor is not able to conduct a quality control analysis, Distributor, at Distributor's current brochure expense, may utilize contract facilities to conduct such analysis. Manufacturer will maintain samples of each production lot of Product, and specifications 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 Purchaser Distributor ("Rejection Period") shall be deemed accepted. If any unit of a Product is shipped by Purchaser Distributor to its Distributor's customer prior to the expiration of the Rejection Period, then that such unit shall be deemed accepted upon shipment by PurchaserDistributor. To reject a ProductProduct or a component thereof, Purchaser Distributor shall, within the Rejection Period, notify Manufacturer in writing or by telex 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 Material Authorization ("RMA") number. Manufacturer shall use its best efforts rejected Product or component thereof 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 numberManufacturer, Purchaser Distributor shall return to Manufacturer the rejected ProductProduct or component thereof, freight prepaid, in its original shipping carton with . Manufacturer will provide Distributor a credit to be applied against Distributor's future Product orders equal to 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 freight charges prepaid by Distributor for properly rejected Products that do not bear an RMA number on the outside of the cartonor components thereof. As promptly as 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 the shipping charges back in connection with shipment of replaced Products or components thereof to Purchaser Distributor for properly rejected Products; otherwise, Purchaser Distributor shall be responsible for the shipping charges. In the event that such replaced Products or components are shipped to Distributor together with Products corresponding to a purchase order pursuant to this Agreement, shipping charges in connection with such shipment shall be 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 consent.

Rejection of Products. Purchaser 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 brochure and 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 Purchaser at Fukuda's facility after customs clearance for import (the "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 an IVUS Product, Purchaser Fukuda shall, within the Rejection Period, notify Manufacturer EndoSonics in writing or by telex facsimile of its rejection and request a Return Material Authorization ("RMA") number. Manufacturer EndoSonics shall use its best efforts to provide the RMA number in writing or by telex facsimile to Purchaser Fukuda within three ten (310) business days after of receipt of the request. Within ten (10) days after of receipt of the RMA number, Purchaser Fukuda shall return to Manufacturer EndoSonics the rejected IVUS Product, freight prepaidcollect, in its original shipping carton with the RMA number displayed on the outside of the carton. Provided that Manufacturer EndoSonics has complied with its obligations in this Subsection 4.11.Agreement, Manufacturer EndoSonics reserves the right to refuse to accept any rejected IVUS Products that do not bear an RMA number on the outside of the carton. As promptly as 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 the shipping charges back to Purchaser for properly rejected Products; otherwise, Purchaser shall be responsible for the shipping chargesIVUS Products and ship such replacement IVUS Products freight prepaid.