9. Rejection

9.1. In the case of Goods or Services found to be defective or inferior in quality to or differing in form or material from the specification, or not complying with any term, whether expressed or implied of these Terms and Conditions (the “Defective Goods or Services”), the Authority may, at its discretion:

9.1.1. cancel the Purchase Order Agreement and Purchase Order;
9.1.2. require the Supplier, as soon as reasonably practicable, either to repair or replace the Defective Goods or Services at the Location (at the Supplier’s cost), or refund to the Authority the price in respect of the Defective Goods or Services. Any repairs, replacements or refunds shall themselves be subject to these Terms and Conditions;
9.1.3. in the case of defective delivery, require the Supplier to promptly reimburse the Authority in respect of any cost including but not limited to freight, clearance, duty and storage charges incurred by the Authority; and/or
9.1.4. purchase goods or services of the same or similar description to the Goods or Services elsewhere and recover from the Supplier the amount by which the cost of purchasing such other goods or services exceeds the amount that would have been payable to the Supplier in respect of the Goods or Services replaced, provided that the Authority uses all reasonable endeavours to mitigate its losses in this respect.

9.2. In the event of a rejection or cancellation of the Purchase Order Agreement and Purchase Order as a result of Defective Goods or Services the Authority shall notify the Supplier in writing, and the payment obligation in relation to any such Defective Goods or Services shall be terminated forthwith. For the avoidance of doubt, if payment has already been made to the Supplier the Supplier shall refund all sums paid by the Authority to the Authority for the rejected Goods and/or Services.

9.3. The whole of any delivery may be rejected if a reasonable sample of any Goods taken indiscriminately from that delivery is found not to conform in every material respect to the requirements of these Terms and Conditions.

9.4. The Authority’s right of rejection shall continue irrespective of whether the Authority has in law accepted the Goods and/or Services.

9.5. Any Goods so rejected after delivery shall be removed by the Supplier at its own expense within 14 days from the date of notification of rejection. If the Supplier fails to remove them within such period the Authority may return any rejected Goods at the Supplier’s risk and expense and charge the Supplier for the cost of storage from the date of rejection.