Common use of Rejection of Products Clause in Contracts

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.

Appears in 2 contracts

Sources: Standard Purchasing Terms, Standard Purchasing Terms

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 of Silver Fern Farms as notified from time to timeFarms; (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.

Appears in 2 contracts

Sources: Standard Purchasing Terms, Standard Purchasing Terms