Acceptance and Rejection of Products. Upon Company’s receipt of each delivery of Product delivered in accordance with the terms and conditions set forth herein, Company shall inspect such Product for non- conformance, defects and damages as per its Specifications (“Non-conforming Products”) and furnish to Polyzen in a reasonably detailed writing any bona fide claim Company has in connection with such Non-conforming Products within thirty (30) days after its receipt thereof (“Non-conforming Products Notice Period”). Failure to give written notice within the Non-conforming Products Notice Period shall constitute acceptance of Products by Company as delivered, except in the case of latent Non-conforming Products that: (i) would not have been revealed by a timely inspection in accordance with customary and reasonable procedures (“Latent Non-Conforming Products”), and (ii) are the subject of a written notice to Polyzen in reasonable detail within seven (7) business days of Company’s initial knowledge thereof (“Latent Non-conforming Products Notice Period”), provided however that COMPANY shall provide notice of such Latent Non-Conforming Products no later than the shelf-life of the product as defined in the FDA approved Product labeling. If Company submits a claim to Polyzen within the Non-conforming Products Notice Period or the Latent Non-conforming Products Notice Period, as applicable, Polyzen will, promptly upon receipt of such claim, contact Company to discuss and evaluate the validity of such claim. At Polyzen’s sole discretion, it may request that Company deliver to Polyzen a sample of the potentially defective Product for evaluation. If, upon concluding its evaluation of such Product, Polyzen reasonably determines that such Product is Non-conforming Product, Polyzen shall send Company a return material authorization, and at its sole expense, arrange for, and accept from Company, the return of any Non-conforming Product and ship to Company compliant, non-damaged and non-defective Product as replacement for such returned Non-conforming Product. If Polyzen disagrees with Company’s determination that a Product is a defective Non-conforming Product, the parties will first use good faith efforts to settle such dispute within twenty (20) business days of Company’s claim. If the parties are unable to resolve such dispute within such twenty (20)-business day period, such Product shall be submitted to a mutually acceptable third party testing service, which shall determine whether such Product meets ...
Acceptance and Rejection of Products. (a) Promptly following receipt of Product, Magenta shall have the right but not the obligation to test such Product to determine compliance with the Specifications. Magenta shall have [***] after receipt of the Product to notify Bachem in writing of any rejection of Product based on a sufficiently documented claim that the Product fails to meet the Specifications. In the event that Magenta does not inform Bachem within the [***] period that the Product does not meet the Specifications, Magenta shall be deemed to have accepted the Product. If there is no dispute between the Parties over a claim that the Product fails to meet the Specifications, Bachem shall (i) replace or (ii) with Magenta’s prior written consent, reprocess or rework the rejected Product within an agreed upon time frame, after the notice of such rejection, and in any case as soon as reasonably possible after receiving such notice, provided that Magenta shall, at Bachem’s expense, provide to Bachem sufficient quantities of supplies required to be supplied by Magenta under the relevant Project Plan, at no additional cost to Magenta (including transportation costs), and Bachem shall make arrangements with Magenta for the return or disposal of any rejected Product, such return shipping or disposal charges to be paid by Bachem. In the event of a discrepancy between Magenta’s and Bachem’s test results such that one Party’s test results fall within relevant Specifications and the other Party’s test results fall outside the relevant Specifications, or there exists a dispute between the Parties over the extent to which such failure is due to acts or omissions of Bachem, the Parties shall cause an independent GMP laboratory or appropriate experts promptly to review records, test data and perform comparative tests and/or analyses on samples of the alleged defective Product. Such independent laboratory shall be mutually agreed upon by the Parties. The independent laboratory’s results shall be in writing and shall be final and binding save for manifest error. Unless otherwise agreed to by the Parties in writing, the costs associated with such testing and review shall be borne by the Party against whom the independent laboratory rules.
Acceptance and Rejection of Products. Any Product Delivered hereunder shall be deemed accepted by Purchaser unless Adaptec receives written notice of a defect or non-conformity with respect to such Product within thirty (30) days of shipment to Purchaser or its Customer. In the event a Product appears not to conform to the Specifications, Purchaser shall promptly notify Adaptec and afford Adaptec a reasonable opportunity to inspect such Product. No Product shall be returned to Adaptec without compliance with Adaptec's Return Material Authorization ("RMA") procedures, a current version of which is attached hereto as Exhibit D.
Acceptance and Rejection of Products. Any Product Delivered hereunder shall be deemed accepted by Roxio unless Adaptec receives written notice of a defect or non-conformity with respect to such Product within thirty (30) days of shipment from the Delivery Point to Roxio or its Customer, or, if shipped to the Roxio Warehouse, within thirty (30) days of receipt at the Roxio Warehouse. In the event a Product appears not to conform to the Specifications or a shipment does not conform to the requirements of a Service Order, Roxio shall promptly notify the appropriate Adaptec contact, as identified to Roxio by Adaptec from time to time, specifying the non-conformity and requesting a Return Material Authorization ('RMA") number for Product return. Adaptec will issue a RMA number within 48 hours of Roxio's request. This RMA number must be referenced on all paperwork and shipping containers with respect to the returned Product. Upon receipt of receipt of the Product, Adaptec will be afforded a reasonable opportunity to inspect it to validate non-conformance. No Product shall be returned to Adaptec without compliance with the foregoing RMA procedures.
Acceptance and Rejection of Products. 8 ARTICLE 10 WARRANTY...........................................................9 10.1
Acceptance and Rejection of Products. (a) Jubilant shall notify Cadista in writing of its rejection of any Product supplied to it pursuant to this Agreement (“Rejection Notice”) as follows: (i) in the case of defects that are readily discoverable upon a physical inspection of a Product shipment, Jubilant shall deliver a Rejection Notice within thirty (30) calendar days after Jubilant or its designated facility has received such Product shipment, or (ii) in the case of a latent defect or any defect that was not obvious and could not be readily discovered from a physical inspection of the Product supplied (“Latent Defect”), Jubilant shall deliver a Rejection Notice within thirty (30) calendar days of the date that Jubilant discovers such defect. The notification by customer or a returns processor of a defect to Jubilant shall be treated as the date of discovery and such defect shall be deemed a Latent Defect. In the event the Failure to provide a Rejection Notice to Cadista within the applicable 30-day period shall constitute acceptance by Jubilant of the shipment, unless mutually agreed between the two parties. (“Accepted Product”). Rejection Notices that are provided by Jubilant shall state in reasonable detail (sufficient to enable Cadista to identify the nature of the problem for tests or studies to be conducted by or on its behalf or to dispute the same) the reason why Jubilant believes the Product does not conform to its Specifications and/or the Product warranties contained in Section 8.1. Jubilant shall, within fifteen (15) Business Days of the delivery by Jubilant of any such Rejection Notice, provide samples of the Product being rejected, if appropriate, and copies of written reports relating to tests, studies or investigations performed to date by or on behalf of Jubilant on the Product being rejected.
(b) Jubilant’s test results or basis for rejection shall be conclusive unless Cadista notifies Jubilant within fifteen (15) Business Days of receipt by Cadista of receipt of the above mentioned samples that it disagrees with such test results or basis for rejection. Cadista may only assert a disagreement if it alleges that the defects were introduced by Jubilant. If Cadista and Jubilant fail to agree within fifteen (15) Business Days after Cadista’s notice to Jubilant as to whether any Product identified in the Rejection Notice deviates from the applicable Product Specifications for such Product or fails to comply fully with the Product warranties contained in Section 8.1, representativ...
Acceptance and Rejection of Products. 3.11.1 All Products supplied by Company shall be examined and checked immediately, by conducting a visual inspection of external packaging, upon receipt by Distributor to ascertain that the Product’s external packaging complies with the Product Specifications that can be determined based on such visual inspection (each of such defect, a “Patent Defect”). For the avoidance of doubt, any Shortfalls described in Clause 3.13 shall not be deemed a Patent Defect. Unless Company is, by written notice within ten (10) business days after Distributor’s receipt of the applicable Product, informed of any Patent Defect, Company shall have no liability whatsoever with respect to such Patent Defect.
3.11.2 If any Product has a Latent Defect (as defined below in this Clause 3.11.2), Distributor shall notify Company of the Latent Defect within ten (10) business days following its discovery, but in no event later than nine (9) months after Distributor’s receipt of the applicable Product. “Latent Defect” means any (a) defect that is not attributable to the transportation or handling of the Product after delivery that is already present at the date of delivery other than a Patent Defect or (b) breach of Company’s representations and warranties under Clause 10.1.1 in each case of (a) or (b), that is not discovered by Distributor despite diligent, industry standard visual inspection upon Distributor’s receipt of the delivery pursuant to Clause 3.11.1. If written notice of a Latent Defect is not received by Company within such ten (10)-business day period following Distributor’s discovery of such Latent Defect, the shipment shall be deemed to have been completely and correctly fulfilled, and all claims by Distributor shall be deemed waived and released.
Acceptance and Rejection of Products. 3.6.1. Distributor shall conduct an examination of each shipment of Products promptly after it takes possession and shall have thirty (30) days from delivery of the Products to either: (a) accept the Products; or (b) notify Supplier that it has delivered Non-Conforming Products. Products are “Non-Conforming” when the particular Product do not meet the requirements set forth in the Specifications at the time of delivery to Distributor, this Agreement, any applicable laws or regulations, or the warranties set forth herein. For the avoidance of doubt, the term “Non-Conforming” does not include any failure caused directly or indirectly by any failure, act, or omission by Distributor or any of its employees, agents, affiliates, contractors, or vendors, including, but not limited to, failure by Distributor to store and handle Products in accordance with the Product labeling and Specifications. If Distributor fails to accept or notify Supplier within such thirty (30) days, such delivery shall be deemed accepted.
Acceptance and Rejection of Products. All Caliper Products delivered hereunder shall be [ * ] after the date of receipt of such Caliper Products by Bio-Rad or its Affiliate from the carrier, Caliper receives written notice of rejection from Bio-Rad or its Affiliate. Notwithstanding the foregoing, no inspection or test of any Caliper Products by Bio-Rad or its Affiliates shall relieve Caliper from its warranty obligations under section 6.15 and Bio-Rad's failure to inspect or test any Caliper Products shall not constitute a waiver by Bio-Rad of any of its rights or remedies in respect of any breach of warranty.
Acceptance and Rejection of Products. Any Product Delivered hereunder shall be deemed accepted by Roxio unless Adaptec receives written notice of a defect or non-conformity with respect to such Product within thirty (30) days of shipment from the Delivery Point to Roxio or its Customer, or, if shipped to the Roxio Warehouse, within thirty (30) days of receipt at the Roxio Warehouse. In the event a Product appears not to conform to the Specifications or a shipment does not conform to the requirements of a Service Order, Roxio shall promptly notify Adaptec and afford Adaptec a reasonable opportunity to inspect such Product. No Product shall be returned to Adaptec without compliance with Adaptec's Return Material Authorization ("RMA") procedures.
