HANDLING OF PROBLEMS WITH CALYPTE PRODUCTS Sample Clauses

HANDLING OF PROBLEMS WITH CALYPTE PRODUCTS. (a) COMPLAINTS AND REJECTIONS. Distributor will promptly notify Calypte if any Calypte Product is found, upon incoming inspection by Distributor, to be defective or to fail to meet Calypte's applicable written specifications or otherwise to be defective. Distributor and Calypte will discuss in good faith the resolution of any such problem, provided, however, that final resolution of any such problem will be at Calypte's sole discretion. If either of us receives any complaint regarding any Calypte Product from a third party, including without limitation a rejection by any of Distributor's customers of any Calypte Product or return by any customer of any Calypte Product to Distributor as a result of an alleged failure of such Calypte Product's performance, whichever of us receives the complaint will notify the other in writing as to such event within twenty-four (24) hours after receipt of such complaint, and will provide all information necessary to enable the other to comply with applicable regulatory requirements in a timely fashion. Distributor will be responsible for evaluating in detail all complaints from Distributor customers as to Calypte Products and will advise Calypte in writing of Distributor's findings. Calypte will attempt to assist Distributor in addressing any issues or alleged problems in Product performance which Distributor cannot remedy through Distributor's own technical support. Distributor also agrees to provide Calypte on a monthly basis a summary of all complaints that Distributor has received and if and how they were resolved. Calypte will provide to Distributor a form for this purpose, the design of which has been registered with the U.S. FDA. Product is not to be returned to Calypte unless or until Calypte provides to Distributor a Returned Goods Authorization number. If any Calypte Products are rejected because of quality problems associated with production, Calypte shall reimburse Distributor for all direct costs and expenses incurred by Distributor for such rejected products such as shipping expenses, product costs, handling, notification, testing or costs of destruction.
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