Common use of Rejection of Products Clause in Contracts

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.

Appears in 2 contracts

Sources: Contract Manufacturing and Packaging Agreement (Annie's, Inc.), Contract Manufacturing and Packaging Agreement (Annie's, Inc.)

Rejection of Products. The parties Parties agree that: (i) Annie’s or its Designees 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 Facilityproduction facility; (c) have been damaged during shipping if delivered to Annie’s designated primary warehouse, currently D2000, or to its Designees; or (d) are not in compliance with the other terms and conditions of this Agreement. ; (ii) if Annie’s has previously paid ▇▇▇▇▇ ▇▇▇▇ PMAC for Products which are later rejected by Annie’s, Annie’s shall invoice ▇▇▇▇▇ ▇▇▇▇PMAC, 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 ▇▇▇▇▇ ▇▇▇▇ PMAC 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 or its Designees shall be disposed of by ▇▇▇▇▇ ▇▇▇▇ PMAC at ▇▇▇▇▇ LunaPMAC’s cost and expense.. Confidential Information Redacted Confidential Treatment Requested

Appears in 1 contract

Sources: Contract Manufacturing and Packaging Agreement (Annie's, Inc.)