Acceptance of Product. Distributor shall inspect each shipment of Products and give Supplier written notice of any defects or damages to any Product or non-conformity with the product specifications or the purchase order within [ * ] business days following the day of receipt of the Products. Any claims relating to defects or damages or non-conformity, that are discoverable without breaking the sterile seal and opening the package, that are not submitted to Supplier in writing within such period shall be deemed to be waived and released, subject to Article 8. If Supplier disagrees with Distributor’s claim that Product delivered to Distributor is non-conforming, the Parties shall first use good faith efforts to settle such dispute within [ * ] days following Supplier’s receipt of notice of non-conformity under this Section 6(i). If they are unable to do so within such time period, the dispute will be resolved by a mutually acceptable independent thirty party laboratory, which will analyze the allegedly non-conforming Product and determine whether such Product conforms with the product specifications and the purchase order. The Parties agree that such laboratory’s determination regarding conformance with the product specification and the purchase order will be final and binding. The Party against whom the third party laboratory finds shall bear all costs of this analysis.
Acceptance of Product. (i) ETON may examine and test Product as it sees fit and may reject Product provided hereunder by LM if such Product is defective for any reason, adulterated or misbranded in any manner, or otherwise poses a threat of harm to the public (including, without limitation, by failing to meet the requirements of this Agreement, the Quality Agreement, any Applicable Law, the Specifications or the NDA/ANDA’s requirements) (collectively, a “Product Defect”); provided, however that ETON shall give written notice to LM of its rejection of any Product hereunder, together with appropriate documentation for its decision (a “Rejection Notice”), within fifteen (15) days after ETON’s receipt of shipment of such Product. The Rejection Notice shall specify the grounds for rejection. If such Rejection Notice is not received within fifteen (15) days after ETON’s receipt of any Product, such Product shall be deemed to be accepted by ETON. However, any Product Defect that would not be discoverable upon a reasonable inspection of a Product (a “Hidden Defect”) will not be deemed accepted by ETON at any time. As soon as possible but not exceeding the shelf life of any Product, if either Party becomes aware of a Hidden Defect in such Product, it will, within five (5) business days of becoming aware of such Hidden Defect, notify the other Party in writing about all Product involved (a “Hidden Defect Rejection Notice”). At ETON’s discretion, any Product subject to a Hidden Defect shall be deemed rejected as of the date of any such Hidden Defect Rejection Notice.
Acceptance of Product. Noosa Hinterland reserves the right to reject any product not complying with any of the above criteria, which are based on the Food Standards Code, relevant dairy legislation and Codes of Practice. Annexure 2 : Processor’s Complaints Handling Process (clause 17) Noosa Hinterland values its trading relationship with its Farmers. The purpose of this complaints handling procedure is to resolve any complaints by a party to this Milk Supply Agreement about matters arising under it, as quickly and efficiently as possible. Any complaints arising under this Milk Supply Agreement must, in the case of Noosa Hinterland, in the first instance be referred to Noosa Hinterland Internal Complaints Handling Officers, set out below, for resolution under this complaints handling procedure. How to contact us Complaints regarding non -payment:
Acceptance of Product. 17.1 The Purchaser or its relevant Affiliate shall not be entitled to reject any Delivery of Product except in accordance with this clause 17 (Acceptance of Product) or as set out in the Quality Agreement. For the avoidance of doubt, if the Purchaser or its relevant Affiliate fails to check the Product or notify the Supplier (or the Nominated Supplier) within the agreed timeframes set out in clause 17.3 and the Quality Agreement, the Purchaser shall be deemed to have accepted the relevant Delivery of Product. Without limiting the foregoing, the Supplier shall inform the Purchaser as soon as reasonably practicable and in any event within forty-eight (48) hours if a Delivery is delayed or stopped for any reason. In such event, the Parties shall work together to agree on a plan (each acting reasonably and in good faith) to ensure the Delivery takes place as soon as possible thereafter and the Supplier shall implement such plan.
Acceptance of Product. 7.1 Except where the Order sets out an acceptance procedure in respect of particular Products and subject to Clause 8 the acceptance procedure/period shall be as set out in the applicable Specific Schedule.
Acceptance of Product. You shall be responsible for examining each shipment of Product(s) to determine whether any item or items included in the shipment are in short supply, defective or damaged. Within five (5) business days of receipt of the shipment, you shall notify us in writing of any shortages, defects or damage which you claim existed at the time of delivery and are not a result of shipping. Within twenty (20) days of receipt of such notice, we will investigate the claim of shortage, defects or damage, and inform you of our findings. If we determine that a shortage, defect or damages existed at the time of delivery and was not a result of shipping, we will promptly deliver replacement Product(s) to you. Unless notice is given as provided in this paragraph, you shall be deemed to have accepted each shipment of Product(s) and to have waived all claims for shortages, defects or damage. LIMITED WARRANTY We warrant that each Product sold by us will not infringe any patents, trade secrets, trademarks, or other intellectual property rights of any third party, and that the Product, when delivered to you, shall be free from defects in materials and workmanship for a period of 360 days after receipt of the Product We makes no warranty (express, implied or statutory) for any Product that are modified or subjected to unusual physical stress, misuse, improper storage or handling, or used in any manner or medical procedure for which the Product(s) are not indicated. We shall promptly replace any Product that fails to meet this limited warranty at the time of delivery. This constitutes our sole liability to end users for breach of the foregoing warranty.
Acceptance of Product. Delivery Products are deemed accepted by Buyer unless Xxxxx notifies Seller in writing within 10 days of delivery of product shortages, damage or defect. No returns may be made for any reason without a Return Material Authorization Form (“RMA”) issued by Seller. If Xxxxx refuses to accept tender or delivery of any Products or returns any Products without authorization from Seller such Products will be held by Seller awaiting Buyer’s instruction for 20 days after which Seller may deem the Products abandoned and dispose of them as it sees fit, without crediting Buyer’s account or incurring any liability to Buyer.
Acceptance of Product. Not later than ninety (90) days after receipt of Testing Samples for each Lot of Product, AMYLIN shall examine such Testing Samples for compliance with the Product Specifications, and any damage, defects or shortage. If AMYLIN believes that any such Testing Samples do not comply with the Product Specifications or are otherwise deficient, AMYLIN shall promptly, but not later than ninety (90) days from receipt of such Testing Samples (which period may be extendible should AMYLIN be able to justify to UCB that an unusual situation arose which made it not possible for * CONFIDENTIAL TREATMENT REQUEST(ED) AMYLIN to determine whether or not the Testing Samples are in compliance with Product Specifications after receipt of the shipment), notify UCB. The 90-day period referred to in the preceding two sentences shall be reevaluated after 2004 to determine whether or not 90 days is a reasonable period of time. In any case, on or before the end of 2004, AMYLIN agrees to make its reasonable efforts to reduce this 90-day testing period. If UCB is satisfied that the relevant Testing Samples do not comply with the representations and warranties in Paragraph 4.2 (including Product Specifications) or are otherwise deficient, AMYLIN shall dispose of the non-complying Testing Samples as UCB shall lawfully direct and at UCB’s sole cost and expense, and UCB shall upon request from AMYLIN, and at AMYLIN’s option, replace the shipment or remedy the deficiency promptly, at UCB’s sole cost and expense. UCB shall not be liable, however, for any incidental or consequential damages associated with a non-complying Lot of Product. If UCB should deny that the relevant Lot of Product does not comply with any of the representations and warranties in Paragraph 4.2 (including Product Specifications) or is otherwise deficient or should admit such non-compliance or deficiency but deny that it is at fault, UCB and AMYLIN may submit documentation regarding the relevant Lot of Product to an independent expert agreed upon by the parties, and the decision of this independent expert shall be final and binding upon the parties. The fees of such expert shall be borne by the losing party. Failure of AMYLIN to notify UCB of a claim, non-compliance or deficiency as set forth under this Agreement shall constitute acceptance of such Lot of Product subject to Paragraph 4.6. Title and risk of the Product will be transferred to AMYLIN upon delivery of the Testing Samples and the Commercial Material to a carr...
Acceptance of Product. Client will complete the Acceptance Procedure and determine the acceptability of such Product in accordance with the applicable QAG and notify SBL of the result within the latter of thirty (30) Business Days of SBL’s release of Product or Client’s receipt of the Batch Related Documents. Upon Client’s acceptance, SBL will have no liability for such Product once entrusted to the carrier (the Parties shall use good-faith efforts to minimize the time-period between Client’s acceptance and SBL’s delivery to the carrier), except as set forth in Section 5.9.2(a)(iv) regarding Latent Defects. If Client does not reject such Product within the thirty (30) Business Day period, the Product will be deemed to have been accepted by Client and SBL will have no liability for such Product once entrusted to the carrier (the Parties shall use good-faith efforts to minimize the time-period between Client’s acceptance and SBL’s delivery to the carrier), except (A) as set forth in Section 5.9.2(a)(iv) regarding Latent Defects or (B) due to a breach of SBL’s obligations with regard to (I) handling or storage or (II) the Specifications insofar as they relate to packaging and shipping.
Acceptance of Product. Acceptance shall be presumed conclusively to have occurred seven (7) days following delivery of product to Purchaser, unless the Purchaser’s acceptance of the product has been recorded in writing prior to that date (in which case that earlier date will be the recognized date of acceptance). Purchaser must give written notice of rejection for any products that do not conform to specifications within seven (7) days of delivery to Purchaser. All Products shortages must be reported to Seller within seven (7) days of date of delivery to Purchaser.
