Rejection of Shipment Sample Clauses

The Rejection of Shipment clause allows the buyer to refuse acceptance of goods that do not meet the agreed-upon specifications or quality standards. In practice, this clause typically outlines the procedures for notifying the seller of nonconforming goods, the timeframe for inspection and rejection, and the buyer’s rights to return or demand replacement of the shipment. Its core function is to protect the buyer from being obligated to accept defective or incorrect products, thereby ensuring quality control and reducing the risk of disputes over delivered goods.
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Rejection of Shipment. (i) After notice of rejection is received by Cephalon, it shall cooperate ** Portions of this exhibit have been omitted and filed separately pursuant to an application for confidential treatment filed with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. with ▇▇▇▇ in determining whether rejection is justified. Cephalon will evaluate reasons for such non-compliance of the Cephalon Supplied Products with applicable specifications. Cephalon shall notify ▇▇▇▇ as promptly as reasonably possible whether it accepts ▇▇▇▇’▇ rejection. (ii) Whether or not Cephalon accepts ▇▇▇▇’▇ rejection, Cephalon shall use Commercially Reasonable Efforts to replace such rejected Cephalon Supplied Products. If the Cephalon Supplied Products rejected by ▇▇▇▇ from such original shipment ultimately is found to be nonconforming (whether pursuant to Section 6.1(h)(iii) or if Cephalon so acknowledges in writing), Cephalon shall bear all expenses for such replacement (including all transportation and/or disposal charges and cost of manufacture for such replacement) to the extent ▇▇▇▇ previously paid for any corresponding nonconforming Cephalon Supplied Products. If it is determined subsequently that such Cephalon Supplied Products were in fact conforming (whether pursuant to Section 6.1(h)(iii) or if ▇▇▇▇ so acknowledges in writing), then ▇▇▇▇ shall be responsible not only for the purchase price of the allegedly nonconforming Cephalon Supplied Products (including all transportation charges), but also, upon receipt and acceptance by ▇▇▇▇ in accordance with the procedures (and at the same price charged in the original shipment) set forth above, the replacement. Replacement shipments shall also be subject to the procedures contained in Section 6.1(g). (iii) If Cephalon disagrees with ▇▇▇▇’▇ rejection, the parties shall submit samples of the rejected Cephalon Supplied Products and the Shipment Sample to a mutually acceptable third party laboratory, which shall determine whether such Cephalon Supplied Products meets the applicable FDA approved specifications. The parties agree that such laboratory’s determination shall be final and determinative. (iv) If the laboratory determines that the Cephalon Supplied Products meet the applicable FDA approved specifications, the rejection by ▇▇▇▇ is deemed to be unjustified, and ▇▇▇▇ shall pay the full invoice price for the shipment which contained the Cephalon Supplied Products subject t...
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Rejection of Shipment. In the event a shipment has been rejected, in whole or in part, after delivery, the seller is responsible for all freight charges to recover the rejected shipment. Seller’s failure to retrieve a rejected shipment within 30 calendar days after notification of rejection may incur a storage cost not to exceed $1.25 per cubic foot of required storage space per calendar day after the initial 30 day period.
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Rejection of Shipment. Rejection limits 13.1 Buyer may reject a Shipment that falls outside the Rejection Limits either as certified in the Original Analysis Certificate or as determined in accordance with clause 11.4 (
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Rejection of Shipment. The Seller shall be liable for any and all losses and damages suffered by the Buyer resulting from the Buyer's rejection of any shipment of Coal under this Article 7, which losses and damages shall include, without limitation, any and all amounts payable by the Buyer under or in connection with the Buyer's charter of any vessel for the carriage of that shipment of Coal, her voyage to the Port of Loading and any and all amounts payable to the port authorities in that regard. Without prejudice to the foregoing, if the Buyer rejects a shipment of Coal under this Article 7 after the vessel with that shipment of Coal on board has sailed from the loading terminal, the Buyer and the Seller shall immediately confer with each other with a view to reaching commercial arrangements satisfactory to them so as to minimize resultant losses to either or both of them. In the absence of agreement, Buyer's determination shall control. In the event a total of two shipments of Coal either are subject to rejection under this Article 7 during any two consecutive calendar years (whether or not actually rejected), then the Buyer shall have the right to terminate this Agreement and claim all losses and damages the Buyer may suffer as a result of or in connection with such rejection of shipments and termination of this Agreement.
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Rejection of Shipment. Warner may reject any shipment of Local/Regional ONYX-015 that: (a) does not conform to specifications; or (b) is adulterated or misbranded within the meaning of the U.S. Federal Food, Drug and Cosmetic Act. Any notice of rejection must be submitted to Onyx within thirty (30) days of receipt of such shipment, with a report of analysis providing Warner’s basis for rejection. If no such notice of rejection is submitted, Warner shall be deemed to have accepted such delivery of product. In the event Warner rejects shipment of the product, Onyx shall notify Warner whether or not it accepts Warner’s basis for rejection. If Onyx disagrees with Warner’s determination that product does not meet specifications, the product shall be submitted to a mutually acceptable third party laboratory. The fees and expenses of such laboratory testing shall be borne entirely by the Party against whom such findings are made. Whether or not Onyx accepts Warner’s basis for rejection of product, upon notice of rejection, Onyx shall use commercially reasonable efforts to replace such rejected product. In the event that the rejected lot is determined not to meet specifications, any moneys paid for the rejected lot shall be credited against the cost of a replacement lot or returned to Warner in the event Onyx is unable to manufacture a replacement lot.
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Related to Rejection of Shipment

  • Initiation of TIPS Sales When a public entity initiates a purchase with Vendor, if the Member inquires verbally or in writing whether Vendor holds a TIPS Contract, it is the duty of the Vendor to verify whether the Member is seeking a TIPS purchase. Once verified, Vendor must include the TIPS Contract Number on all purchase communications and sales documents exchanged with the TIPS Member.

  • Inspection and Rejection of Nonconforming Goods The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

  • Acceptance or Rejection of Subscription (a) I understand and agree that the Company reserves the right to reject this subscription for the Units, in whole or in part, for any reason and at any time prior to the Closing, notwithstanding prior receipt by me of notice of acceptance of my subscription. (b) In the event of the rejection of this subscription, my subscription payment will be promptly returned to me without interest or deduction and this Subscription Agreement shall have no force or effect. In the event my subscription is accepted and the offering is completed, the funds specified above shall be released to the Company.

  • Rejection of Work Using the Notice of Non-Conforming Work procedures outlined in the General Conditions, the Design Professional shall reject work that does not comply with the requirements of the Contract Documents or that does not comply with the applicable laws and codes. The Design Professional shall have authority to order testing of the Work, as is provided in the Contract Documents or as otherwise required in its judgment, whether such work is fabricated, installed, or completed.

  • REJECTION OF GOODS Notwithstanding any other rights of, or remedies available to UNDP under the Contract, in case any of the Goods are defective or otherwise do not conform to the specifications or other requirements of the Contract, UNDP, at its sole option, may reject or refuse to accept the Goods, and within thirty (30) days following receipt of notice from UNDP of such rejection or refusal to accept the Goods, the Contractor shall, in sole option of UNDP: 11.7.1 provide a full refund upon return of the Goods, or a partial refund upon a return of a portion of the Goods, by UNDP; or, 11.7.2 repair the Goods in a manner that would enable the Goods to conform to the specifications or other requirements of the Contract; or, 11.7.3 replace the Goods with Goods of equal or better quality; and, 11.7.4 pay all costs relating to the repair or return of the defective Goods as well as the costs relating to the storage of any such defective Goods and for the delivery of any replacement Goods to UNDP.