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 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. 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. 9 ARTICLE 10 WARRANTY.....................................................................................9
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. 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.
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.
Acceptance and Rejection of Products. (a) Distributor shall have thirty (30) days after receipt of each shipment of Products to determine if such Products conform to the warranties set forth in Section 5.9 and to reject any of such Products that fail to conform to such warranties, except that any rejection based on any defect or non-conformity that is reasonably observable based on a visual inspection of the Product must be submitted to Manufacturer within five (5) Business Days after Distributor’s receipt of such Product. Distributor shall submit any claims for failure to so conform (a “Claim”) in writing to Manufacturer within such thirty (30) day period, or five (5) Business Day period, as applicable, describing in detail the nonconforming characteristics of the Products, accompanied by a true and correct copy of the results of any tests conducted by or at the direction of Distributor thereon. Distributor shall be deemed to have accepted any Products if it fails to submit a Claim during such thirty (30) day period, or five (5) Business Day period, as applicable.
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 “
