Hidden Defects. Before processing the Goods, Xxxxx will inspect the Goods for possible quality deviations or other hidden defects. Hid- den defects not visible upon delivery and which become apparent later, must be notified to Seller in writing within 72 (seventy-two) hours after they have been or reasonably should have been discovered, failing which Buyer shall have irrevocably accepted the Goods.
Hidden Defects. If it is found that a Batch of Products has not been manufactured in accordance with the Product Specifications, cGMP and/or FRESENIUS’ warranties hereunder, which could not reasonably be found by diligent and adequate inspection by TRANSMEDICS (a “Hidden Defect”), TRANSMEDICS shall notify FRESENIUS within thirty (30) days of the discovery of such Hidden Defect but in any case within 12 months from the delivery of said Batch THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [***] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. of Products. Such Batch of Products (or relevant portion thereof) shall be treated as rejected pursuant to Section 9.1 above.
Hidden Defects. For the avoidance of doubt the Parties agree that in addition to the regular Defects remedy procedure as specified in this Section XI, in the event the Principal or the respective Implementing Body becomes aware of any previously unnoticed error, fault, omission, or defect in an already completed Assignment after the Completion Date the Principal shall give prompt notice thereof to the AsBo. The AsBo shall have the obligation to correct such error, fault, omission, or defect in the Assignment or non-conformance of any action forming part of the Assignment, free of any additional charge or payment, in no more than seven (7) calendar days after the reception of the respective notice from the Principal.
Hidden Defects. For hidden defects, not established in the act of the “Term of Delivery and Acceptance of Installations”, the statutory limitation period only begins on the date of knowledge of the fault and/or defect by MBBras.
Hidden Defects. For purposes of this Agreement, "hidden defect" means a defect in the Product not discovered by Connetics during its testing of the Product in accordance with generally accepted practices in the pharmaceutical industry and which would not be a defect reasonably expected to be discovered in accordance with such testing. In the case of a hidden defect, Connetics shall have the right to request that APG provide to Connetics, within 30 days after APG receives notice of the hidden defect, Product that meets the Specifications or to promptly provide Connetics with full credit for the Purchase Price paid by Connetics for the returned Product.
Hidden Defects. For the purposes of this Clause 12, "
Hidden Defects defects in Products that cannot be detected despite careful examination of the Products by the Recipient on acceptance.
Hidden Defects. 5.4.1. The Customer must inform Kadonation of any hidden defect by e-mail to the address xxxxxxxx@xxxxxxxxxx.xxx no later than two (2) Business Days after it has/should have been detected, and in any case within twelve (12) months upon delivery, at the risk of forfeiture.
Hidden Defects. A hidden defect is understood to mean a defect in the sold good that, although it already exists at the moment of purchase, is not visible to the Buyer upon delivery, and that makes the good unsuitable for the use for which it is intended by Immuno-Cell. Defects expressed after delivery are, unless proof to the contrary is provided (by the Buyer), presumed not to have existed at the moment of delivery and/or to have been the result of a wrong manipulation by the Buyer. Unless otherwise agreed between the parties, Immuno-Cell is not deemed to have knowledge of, or to (have) take(n) into account the application that the Buyer will make of the purchased goods, and Immuno-Cell therefore cannot be held liable for this. Only the Buyer is liable for the use that it makes of the purchased goods and/or the purposes for which it uses these goods. The Buyer must report all complaints due to hidden defects, under penalty of expiry of its rights, by registered letter to Immuno-Cell, within two (2) working days after discovery, and in any case at the latest one (1) month after delivery. This notification must contain a detailed description of the hidden defects. In addition, the Buyer must, under penalty of expiry of its rights, (subsequently) submit all actions regarding hidden defects within one
Hidden Defects. As soon as either Party becomes aware of a Hidden Defect in any Product lot, it shall immediately notify the other Party and the Batch involved, at CENTRIX's election, shall be deemed rejected as of the date of such notice, subject to INTERPHARM's right to dispute the notice as set forth below. In the event that the notice is not disputed, INTERPHARM shall refund all moneys paid for the shipment of Product involved.
