Acceptance of the Product. (a) Following receipt of a shipment of Product at the final destination, LANNETT, or its designee, shall conduct a visual inspection of the Product and all accompanying documents provided by ELITE, including without limitation, the Certificate of Analysis, in accordance with its customary procedures. LANNETT shall advise ELITE, in writing, if it is rejecting a shipment of Product due to obvious physical damage or obvious packaging defect that are evident upon such visual inspection of the packaged Product as shipped by ELITE. LANNETT (and its designees) shall have no obligation to inspect the Product beyond the visual inspection provided for in this Article 4.8(a).
(b) In the case of defects other than those obvious defects described in Article 4.8(a), including, by way of example, any failure of the Product, at the time of delivery, to meet the Analytical Specifications and the representations, warranties and covenants of Article 9.2(f), LANNETT shall promptly notify ELITE if it becomes aware of such non-obvious defect(s). Any defect in physical condition of Products delivered by ELITE or Products that do not conform with the Analytical Specifications (as may be in effect from time to time) or the representations, warranties and covenants of Article 9.2
Acceptance of the Product. Acceptance of the Product will take place on signature by the Customer:
Acceptance of the Product x. XXXXXXXX will supply a Certificate of Analysis with each delivery of the Product.
b. All Product received by XXXXXX XXXXXXXX shall be deemed accepted unless XXXXXX XXXXXXXX gives FAULDING written notice (the "Objection Notice") either (i) within thirty (30) days of such receipt or (ii) within five (5) days of the delivery of notice upon the discovery of a Latent Defect, as set forth in subsection (f) hereof. In either case, XXXXXX XXXXXXXX shall specify the manner in which the shipment of Product, in whole or part, fails to meet FAULDING's warranties set forth in Section 9(a) of this Agreement.
c. In the event that XXXXXX XXXXXXXX gives written notice to FAULDING under Section 9(a) and the parties are unable, within thirty (30) days of that notice, to agree upon whether a batch of Product complies with the requirements set forth in Section 9(a), the parties agree to submit a sample of the Product to an Independent Analyst for a report.
d. The cost of the report of the Independent Analyst will be paid by the party against which the Independent Analyst rules.
e. If the Independent Analyst determines that the Product does not comply with the requirements set forth in Section 9(a), FAULDING will replace such Product free of charge to XXXXXX XXXXXXXX and FAULDING will reimburse XXXXXX XXXXXXXX for XXXXXX XXXXXXXX'x reasonable expenses with respect to the shipment of such Product, including, without limitation freight expenses and shipment expenses incurred by XXXXXX XXXXXXXX in connection with the disposition or return of such Product.
f. It is possible for a shipment of Product, or a portion thereof, to have Latent Defects. As soon as either party becomes aware of a Latent Defect in any batch of Product, it shall immediately give written notice to the other party and the batch involved, at XXXXXX XXXXXXXX'x election, shall be deemed rejected as of the date of such notice. Upon determination, pursuant to the procedures set forth in subsections (c)- (e) of this Section, in that any Latent Defect has been caused by an action or omission by FAULDING or an Affiliate of Faulding, FAULDING shall use commercially reasonable efforts, at its own cost, to ship replacement Product to XXXXXX XXXXXXXX.
Acceptance of the Product. If notice is not given by Forest pursuant to Section 6.3(a) within the time period set forth therein, then the shipment shall be deemed accepted by Forest for purposes of this Section and, except as provided in Section 6.4, may not be rejected pursuant to Section 6.5 or Section 6.6.
Acceptance of the Product. (a) Following receipt of a shipment of Product at the final destination, LANNETT, or its designee, shall conduct a visual inspection of the Product and all accompanying documents provided by ELITE, including without limitation, the Certificate of Analysis, in accordance with its customary procedures. LANNETT shall advise ELITE, in writing, if it is rejecting a shipment of Product due to obvious physical damage or obvious packaging defect that are evident upon such visual inspection of the packaged Product as shipped by ELITE. LANNETT (and its designees) shall have no obligation to inspect the Product beyond the visual inspection provided for in this Article 4.8(a).
Acceptance of the Product ordered by XxXXXX shall be subject to prior inspection and approval by XxXXXX’x quality assurance personnel or such other technical representatives as XxXXXX may select, with respect to whether each order of the Product conforms to the applicable Specifications.
Acceptance of the Product. 7.1 The Buyer shall be deemed to have accepted the Product 24 hours after delivery to the Buyer.
7.2 No product delivered to the Buyer which are in accordance with the Order will be accepted for return without prior written approval of the Seller on terms to be determined at the absolute discretion of the Seller.
7.3 Products returned without the prior written approval of the Seller may at the Seller’s absolute discretion be returned to the Buyer or stored at the Buyer’s costs without prejudice to any rights or remedies the Seller may have.
Acceptance of the Product shall occur no later than three (3) Business Days from the date CCS informs the Customer in writing by email that the Product is complete and available. Notwithstanding anything to the contrary, the Product shall be deemed accepted if not rejected within this period.
Acceptance of the Product. ON QUALITY AND QUANTITY СТАТЬЯ 6. ПРИЕМКА ТОВАРА ПО КОЛИЧЕСТВУ И КАЧЕСТВУ
6.1. The Product is considered handed over from the Seller and accepted by the Buyer: 6.
1.1. in terms of quality: according to the quality certificate for the delivered Product; 6.
1.2. in terms of quantity: the weight of the Product specified in the certificate, receipt issued by the Buyer or any other transportation document issued by the Buyer shall, in the absence of error or fraud, be final and irrebuttable evidence of the actual weight of the delivered Product.
6.2. The Buyer has the right to claim the Seller on the delivered Product within thirty (30) calendar days from the Date of delivery. In case the Buyer failed to claim the Seller on the Delivered Product within thirty (30) calendar days from the Date of delivery, such delivered Product shall be deemed accepted by the Buyer and in accordance with the terms of this Agreement and further claims on such delivered Product is not permitted and may not be enforced. 6.3. The Seller undertakes to examine the claim of the Buyer and send to him by fax to the Buyer’s fax number set forth in Article 14. of the Agreement a grounded response to the presented claim within five (5) calendar days after the date of the presentation of the claim by the Buyer; provided that the Buyer has got written confirmation of the Seller’s receipt of the respective claim. 6.1. Товар считается сданным Продавцом и принятым Покупателем: 6.
1.1. по качеству: в соответствии с сертификатом качества на поставленный Товар; 6.
1.2. по количеству: вес Товара, указанный в акте о получении Покупателем Товара или любом ином транспортном документе, подписанном Покупателем, является окончательным и неопровержимым доказательством действительного веса Поставленного Товара, исключая случаи обмана или очевидной ошибки.
Acceptance of the Product
