Common use of Responsibilities Following Rejection; Impact of Rejection Clause in Contracts

Responsibilities Following Rejection; Impact of Rejection. Upon any notice of rejection of any Product, Buyer shall have no further responsibility for the rejected Product other than those obligations set forth in the following sections of the New York Uniform Commercial Code §§ 2-602(2), 2-603, and 2-604, or any other state law equivalent to Sections 2-602(2), 2-603, and 2-604 of the Uniform Commercial Code, Unless Buyer elected to retain the non-conforming Products pursuant to Section 5.2.1(b)(i), Seller shall promptly arrange for the removal of such rejected Product at Seller’s sole cost and expense. Title to the Product shall pass from Buyer to Seller at the time that Seller or Seller’s agent picks-up the rejected Product from the Destination Point, and the fact that title is held by Buyer between notice of rejection and its passage Seller at such time shall not be deemed a violation by Buyer of New York Uniform Commercial Code § 2-602(2)(a) or any other state law equivalent to Section 2-602(2)(a) of the Uniform Commercial Code.

Appears in 2 contracts

Sources: Long Term Product Supply Agreement (Vivint Solar, Inc.), Long Term Product Supply Agreement (Vivint Solar, Inc.)

Responsibilities Following Rejection; Impact of Rejection. Upon any notice of rejection of any Product, Buyer shall have no further responsibility for the rejected Product other than those obligations set forth in the following sections of the New York Uniform Commercial Code §§ 2-602(2), 2-603, and 2-604, or any other state law equivalent to Sections 2-602(2), 2-603, and 2-604 of the Uniform Commercial Code, Unless Buyer elected to retain the non-conforming Products pursuant to Section 5.2.1(b)(i), Seller shall promptly arrange for the removal of such rejected Product at Seller’s 's sole cost and expense. Title to the Product shall pass from Buyer to Seller at the time that Seller or Seller’s 's agent picks-up the rejected Product from the Destination Point, and the fact that title is held by Buyer between notice of rejection and its passage Seller at such time shall not be deemed a violation by Buyer of New York Uniform Commercial Code § 2-602(2)(a) or any other state law equivalent to Section 2-602(2)(a) of the Uniform Commercial Code.

Appears in 1 contract

Sources: Long Term Product Supply Agreement (Enphase Energy, Inc.)