Conforming Products. The Products shall conform strictly to the description, plans, specifications, and sample and shall be of the best quality and reasonably fit for their intended purpose. If there are no specific descriptions, plans, specifications, or samples, and to the extent that they are not explicit, the Products shall be new, of the latest design or model conforming to Casa's requirements, of the best quality and reasonably fit for their intended purpose. Supplier may not substitute Products or parts of Products, or shipment more or less than the quantity specified in the Purchase Order. If Casa receives Products that do not conform to these requirements, Casa may reject such shipment in whole or in part by notifying Supplier within thirty (30) days of receipt. Supplier shall remove such rejected Products at Supplier's expense within ten (10) days after the date of Casa’s notice.
Conforming Products. Technology Transfer:
Conforming Products. XANODYNE shall be entitled to reject any portion or all of any shipment of PRODUCTS (or any component thereof) that, at the time of transfer from BIRI to a common carrier, (i) fails to comply with any of the SPECIFICATIONS with respect to a particular PRODUCT, (ii) is not suitable for sale due to (A) the failure to manufacture such PRODUCT in accordance with GOOD MANUFACTURING PRACTICES or (B) the failure to comply with other FDA laws and regulations, DEA laws and regulations or material requirements of other applicable laws (all such PRODUCTS, "NONCONFORMING PRODUCTS", and any of such events, a "NONCONFORMITY"); provided that XANODYNE notifies BIRI within [**] days after receipt of the shipment that XANODYNE is rejecting such shipment. If no such notice is provided by XANODYNE, then XANODYNE shall be deemed to have accepted the shipment regardless of whether XANODYNE has actually performed any testing on such PRODUCTS. Notwithstanding the foregoing, in the event XANODYNE determines after acceptance of a PRODUCT that such PRODUCT is a NONCONFORMING PRODUCT due to a NONCONFORMITY that was not, and should not reasonably have been, discovered upon reasonable diligent examination and testing by XANODYNE upon receipt or otherwise known by XANODYNE, XANODYNE may subsequently revoke its acceptance of such NONCONFORMING PRODUCTS upon confirmation of such NONCONFORMITY, provided that it has given to BIRI written notice of its discovery of the NONCONFORMITY within [**] days after XANODYNE discovers or should reasonably have discovered such NONCONFORMITY and promptly proceeded to diligently investigate such NONCONFORMITY and notify BIRI of the results thereof. Any notification by' XANODYNE to BIRI of NONCONFORMING PRODUCTS shall indicate the SPECIFICATIONS or other applicable laws or regulations claimed to be unmet and any pertinent analysis performed by XANODYNE in making this conclusion.
Conforming Products. AstraZeneca shall Manufacture, or have Manufactured, the Supplied Products in accordance in all material respects with:
(a) the applicable Specification;
(b) the Clinical Quality Agreement; and
(c) all Applicable Laws (including cGMP) in the countries in which they are Manufactured.
Conforming Products. VTB shall use the services of a third party returns and refurbishment vendor (currently Sohnen Enterprises) to test each returned Product and to provide reports documenting the quantity and nature of each defect and will retain the defective product for use in its refurbishment operations. GoerTek shall provide a credit memo or a cash refund if no open invoice, within thirty (30) calendar days after receiving VTB’s written request, by bank transfer of immediately available funds to an account designated by VTB. VTB shall be entitled to offset the amount of any future payment to GoerTek by the amount of any unapplied credit memo. VTB shall not be required to return Non-Conforming Products to GoerTek.
Conforming Products. For Products that are returned to Manufacturer by Customer for warranty repair or replacement and are found by Manufacturer to conform to the Product Specifications and such conformity is verified by Customer, Customer shall pay Manufacturer shipping charges and duties.
Conforming Products. For Products that are returned to Nortel by Avici for repair or replacement pursuant to Section 11.1 and are found by Nortel to conform to the applicable Specifications, Avici shall pay Nortel for all costs it has incurred in connection with the handling and testing of the Products as well as shipping charges and duties.
Conforming Products. For Products that are returned to Nortel by Avici for repair or replacement pursuant to Section 11.1 and are found by Nortel to conform to the applicable Specifications, Avici shall pay Nortel for all costs it has incurred in connection with the handling and testing of the Products as well as shipping charges and duties. --------------------- /*/ [CONFIDENTIAL TREATMENT REQUESTED] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1933, AS AMENDED.
Conforming Products. In lieu of making any payment to Dey for Non-Conforming Products pursuant to this Section 6e, Meridian instead may provide Dey xxxh Products having value based on the originally invoiced unit prices equal to the amount of such payment at no additional cost to Dey. Xxe number of Non-Conforming Products so delivered by Meridian to Dey xxxll count towards Dey's Annual Minimum requirements set forth under Section 2b hereof. Within thirty (30) days after an independent laboratory or consultant determines that Products are not Non-Conforming Products pursuant to Section 6c or if Dey xxxees that a shipment of Products are not Non-Conforming Products after contending that such Products are Non-Conforming Products, Dey xxxll reimburse Meridian for the amounts paid by Meridian for testing by an independent laboratory and/or consulting services pursuant to Section 6c.
Conforming Products. For Products that are returned to Manufacturer by Customer for warranty repair or replacement and are found by Manufacturer to conform to the product Specifications and such conformity is verified by Customer, Customer shall pay Manufacturer shipping charges and duties.
