Hidden Defect Clause Samples
A Hidden Defect clause defines the parties' rights and obligations regarding defects in goods or property that are not immediately apparent upon inspection. This clause typically allows the buyer to notify the seller within a specified period after discovering a concealed flaw that was not detectable at the time of delivery or acceptance. Its core practical function is to protect buyers from undisclosed or latent issues, ensuring that sellers remain responsible for defects that could not have been reasonably identified during a standard examination.
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Hidden Defect. Damage caused by a constructional defect, which was detected during the warranty period, whereby a constructional defect is understood as a defect resulting from a constructional error committed during the design of the object, and its existence may cause damage or increase the probability of its occurrence.
Hidden Defect. If a defect is found in any lot of the BULK DRUG SUBSTANCE shipped by TANABE, which could not reasonably be expected to have been found by diligent and adequate inspection by VIVUS pursuant to its obligations under the Paragraph 1.8(a), such as stability, and if such defect is claimed to TANABE within six (6) months from the date of the receipt thereof, any such claim by VIVUS shall be handled pursuant to the Paragraphs 1.8(b), (c) and (d).
Hidden Defect. If there is subsequently found to be a defect in any Lot of Product, which could not reasonably be expected to have been found by diligent and adequate inspection by AMYLIN pursuant to its obligations under this Article, such as stability or the presence of any Contaminant (a “Hidden Defect”), the party discovering the Hidden Defect shall notify the other party (“Hidden Defect Notice”), and AMYLIN and UCB shall enter into discussions in good faith about what action should be taken, if any (including actions as to the handling and disposal of the defective Lot). If the Hidden Defect is caused by UCB’s negligence, acts or omissions, then, in addition to any other remedies available to AMYLIN, AMYLIN shall have the right to require UCB, at AMYLIN’s election, to either (A) replace the defective Product (any such replacement shall be at the sole cost and expense of UCB and occur promptly but in no event later than ninety (90) days after the date of the Hidden Defect Notice), or (B) refund AMYLIN an amount equal to the price paid by AMYLIN for the defective Product.
Hidden Defect. If there is subsequently found to be a non-conformity in any shipment of AGI-1067 or Probucol or portion thereof which is attributable to Dow's sole negligence or willful misconduct, then any claim by AGIX related to a Hidden Defect may be deemed a rejection of delivery and shall be handled pursuant to Sections 5.3 (a) and (b) of this Agreement. To the extent possible, AGIX will obtain a sample for testing in order to establish non-conformity. If no sample can be obtained, AGIX shall detail in writing its reasons for believing such shipment is non-conforming. Either Party may submit such reasons to an independent third party agreeable to both Parties whose determination of conformity will be binding on both Parties.
Hidden Defect. Hidden Defect" shall mean any instance where a lot of a Product fails to conform to the applicable specifications or is otherwise defective or fails to conform to the warranties given by INTERPHARM herein, and such failure would not be discoverable upon reasonable physical inspection or standard testing of such Product upon receipt by CENTRIX.
Hidden Defect. If within twelve (12) months of the date of delivery of a Batch of Pramlintide Injection Product it is found that such Batch of Pramlintide Injection Product has not been manufactured to Specification and this could not reasonably be expected to have been found by diligent and adequate inspection by AMYLIN pursuant to its obligations under this Article II, (a "Hidden Defect"), CP and AMYLIN shall enter into discussions in good faith as to the handling and disposal of the defective shipment, having due regard to where responsibility for such defect lies. CP's liability in this case shall be limited as set out in Paragraph 6.2(b).