Failure to meet Specification Sample Clauses

Failure to meet Specification. Subject to Article 3 of the Agreement, should any disagreement arise between the Parties on the subject of the quality and the origin of the Defect or Latent Defect in any defective Products, analysis and biological tests may be requested by either Party to determine responsibility. Should the results of controls implemented by rEVO be different from LFB USA controls, the Parties agree to proceed to one further control on the VIALED PRODUCT and/or CLARIFIED PRODUCT concerned. Should the results of each Party be confirmed, the Parties will mandate an independent Third Party jointly chosen by the Parties in order to implement new controls. The results of such new controls shall be final and binding upon the Parties. The costs of such controls shall be borne by defaulting Party. Should the quality of the VIALED PRODUCT and/or CLARIFIED PRODUCT fail to meet the Specifications, and to the extent that such failure is not due (in whole or in part) to acts or omissions of rEVO or any Third Party after Delivery, LFB USA shall either (i) deliver at its own cost including freight and insurance new Products for replacement of the defective quantity or (ii) refund to rEVO the price of the defective VIALED PRODUCT(s) and/or CLARIFIED PRODUCT In the event that rEVO requires LFB USA to replace such Product, LFB USA shall, in the context, use reasonable efforts to do so in the shortest period of time. The above warranties do not extend to any warranty of merchantability or fitness for a particular purpose or other warranty whether express or implied except as expressly stated herein, and the remedies regulated in this Article 5 are the sole and exclusive rEVO remedies in case of Defect or Latent Defect of the VIALED PRODUCT and/or CLARIFIED PRODUCT.

Failure to meet Specification. If during the Warranty Period, Vodafone gives Supplier notice stating that any [*] fails to comply with the Specification therefor at the time of the supply of such [*] to Vodafone (“Defective Solution Element”) and Supplier’s efforts to repair or replace such Solution Element have not resulted in such Solution Element complying with such Specification, Supplier shall, at its option: (a) [*] (b) [*] [*] under this Clause 17.18.3(a) above shall be [*] always that in the event that Vodafone has not exercised such [*] the earlier of [*] prior to the end of [*], Vodafone at it’s sole option may require and Supplier shall [*] of such request. Vodafone may use, or continue to use, [*] for commercial purposes and the [*] shall apply until such time as the Solution Element complies with the Specification.

Failure to meet Specification. If during the Warranty Period, Vodafone gives Supplier notice stating that any [*] fails to comply with the Specification therefor at the time of the supply of such [*] to Vodafone [*] and Supplier’s efforts to repair or replace such Deliverable has not resulted in such Deliverable complying with such Specification, Supplier shall, at its option: (a) [*] (b) [*] Any such reduction in the purchase price paid under this Clause 17.18.3(a) above shall be paid by Supplier in the form of a credit.

Failure to meet Specification. In the event that for any particular calendar date BankServ does not meet or exceed the specification for timeliness of Wire Transfer Transactions set forth in Exhibit A, which are under its control-as described:-in .Section 16(k), BankServ shall waive all of its fees otherwise payable by Client to BankServ for the Services performed by BankServ during such calendar day,