Common use of Removal of Rejections Clause in Contracts

Removal of Rejections. The following paragraph supersedes Section 5.2 of the New York City Purchase Contract on the removal of rejected and non-conforming goods (pages 15-16): For the purpose of this contract, the seller shall remove any non-conforming goods or part thereof at the seller's own expense as soon as possible and no later than 48 hours after notification of any rejection or revocation of acceptance by the City. The City, in its sole discretion, shall have the right to dispose of rejected goods left longer than 48 hours at no cost or liability to the City and the seller shall have no right of action for damages. Please note the provisions on pages 16-17 (section 6.3) of the New York City Purchase Contract regarding health regulations: Any food, drug or other Goods which are found to be unwholesome, or otherwise unfit for human consumption or use, shall not be removed by the Seller until examined by the appropriate public authorities. If condemned, such Goods shall be disposed of by the Seller in accordance with the rules and regulations of the appropriate public authorities. Should the Seller fail to make disposal within twenty-four (24) hours after appropriate order to do so, the City may make such disposal and charge the Seller for the cost involved. USDA grading is required on all deliveries. Grading certification(s) should be sent to: NYC Department of Citywide Administrative Services Officeof Citywide Purchasing/Bureau of Quality Assurance ▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ New York, NY 10007 The cost of grading and inspection shall be borne by the selected vendor and shall be deemed included in the price on the bid.

Removal of Rejections. The following paragraph supersedes Section 5.2 of the New York City Purchase Contract on the removal of rejected and non-conforming goods (pages 15-16): For the purpose of this contract, the seller shall remove any non-conforming goods or part thereof at the seller's own expense as soon as possible and no later than 48 hours after notification of any rejection or revocation of acceptance by the City. The City, in its sole discretion, shall have the right to dispose of rejected goods left longer than 48 hours at no cost or liability to the City and the seller shall have no right of action for damages. Please note the provisions on pages 16-17 (section 6.3) of the New York City Purchase Contract regarding health regulations: Any food, drug or other Goods which are found to be unwholesome, or otherwise unfit for human consumption or use, shall not be removed by the Seller until examined by the appropriate public authorities. If condemned, such Goods shall be disposed of by the Seller in accordance with the rules and regulations of the appropriate public authorities. Should the Seller fail to make disposal within twenty-four (24) hours after appropriate order to do so, the City may make such disposal and charge the Seller for the cost involved. USDA grading is required on all deliveries. Grading certification(s) should be sent to: NYC Department of Citywide Administrative Services Officeof Citywide Purchasing/Bureau of Quality Assurance ▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ New York▇▇▇ ▇▇▇▇, NY 10007 ▇▇ ▇▇▇▇▇ The cost of grading and inspection shall be borne by the selected vendor and shall be deemed included in the price on the bid.