Inspection of Product. Medtronic shall inspect all Products promptly upon receipt thereof, and in the event of any shortage, damage or discrepancy in or to a shipment of Products or in the event any of the Products fail to comply with the then current Specifications for the Products (except for latent defects not readily observable by Medtronic), Medtronic shall report the same to MacroPore within 60 days after delivery thereof to Medtronic and furnish such written evidence or other documentation as MacroPore reasonably may deem appropriate. If the substantiating evidence delivered by Medtronic reasonably demonstrates that such shortage, damage or discrepancy or nonconformity with Specifications existed at the time of delivery of the Products, Medtronic may return the Products to MacroPore, at MacroPore's expense, and, at Medtronic's request, MacroPore shall use all reasonable efforts to deliver promptly replacement Products to Medtronic in accordance with the delivery procedures set forth herein. Any Products not rejected by Medtronic by written notice given to MacroPore within such 60-day period (other than Products containing latent defects not readily observable by Medtronic) shall be deemed to have been accepted by Medtronic. Following any such acceptance, the sole remedies of Medtronic with respect to damage to or defects in the Products shall be those set forth in Sections 9.2 and 11.1.
Inspection of Product. 8.1 Upon receipt of each Delivery of Products, Customer shall promptly perform an inspection of the package, the packing list, labeling and the Products in accordance with sound business practice.
Inspection of Product. Cubist shall have a period of [ ]* from the date of receipt of a shipment of Product to inspect and reject such shipment on the grounds that it does not conform with the Product Specifications. If Cubist rejects such shipment, it shall promptly so notify Abbott and provide to Abbott samples of such shipment for testing. If Abbott tests such shipment and determines that it did conform to the Product Specifications, the parties shall submit samples of such shipment to a mutually acceptable independent laboratory for testing. If such independent laboratory determines that the shipment conformed to the Product Specifications, Cubist shall bear all expenses of shipping and testing such shipment samples. If Abbott or such independent laboratory confirms that such shipment did not meet the Product Specifications, Abbott shall replace, at no cost to Cubist, that portion of the Product shipment which does not conform to the Product Specifications, and shall bear all expenses of shipping and testing the shipment samples. Any nonconforming portion of any shipment shall be disposed of as directed by Abbott, at Xxxxxx'x expense. Any Product that Cubist does not reject pursuant to this Subparagraph 8.4.9 shall be deemed accepted and all claims with respect to Product not conforming with Product Specifications shall be deemed waived by Cubist, except as to latent defects which are not reasonably discoverable. Notwithstanding the foregoing to the contrary, this Subparagraph 8.4.9 shall not limit any liability of Abbott under Subparagraph 8.8.4 or release Abbott from its warranty under Subparagraph 8.8.3(b). Cubist shall not be required to pay Abbott for any Product which has been properly rejected pursuant to this Paragraph 8.4.9. Abbott shall replace rejected Product at no additional cost to Cubist as soon as reasonably possible after receipt of test results confirming nonconformance with the Product Specifications.
Inspection of Product. US Bio shall examine the Product upon delivery at US Bio’s designated facility and shall notify Dyax in writing (including via email or other electronic communication) within one (1) business day of any problems relating to the quantity of Product delivered or any defect in any of the Product that is reasonably discoverable upon visual inspection of the Product without unpacking of pallets.
Inspection of Product. All product(s) ordered shall be subject to inspection and acceptance by the LCBO. Such acceptance will be given within a reasonable time after receipt of the products at the LCBO's warehouse, if the products are in satisfactory condition as described herein.
Inspection of Product. Within sixty (60) calendar days of the arrival of each lot of Product at the U.S. location designated by Lannett, Lannett shall inspect and test each lot of Product at its own cost and expense. If, upon inspecting and testing the Product, Lannett determines that a Product lot does not materially conform to the Product Specifications or to any of the warranties contained in Section 4.1 (any quantity of such Product, the “Non-Conforming Product”), then Lannett shall, within such sixty (60) day period, in the case of any defects readily observable based on visual inspection of the packaged Product or the accompanying certificates, give Seller written notice of such Non-Conforming Product (setting forth the details of such non-conformity).
Inspection of Product. All product(s) ordered shall be subject to inspection and acceptance by NLC. · UNSATISFACTORY PRODUCT - If, at any time before or after paying for the product(s), NLC determines that all or part of a shipment of any product(s) is unsatisfactory in that it (a) is not of merchantable quality or is defective in any manner; (b) does not satisfy the provisions of any applicable law of Newfoundland & Labrador or Canada; (c) does not comply with any federal or provincial standards established for products of that description; (d) does not match the sample of the same product(s) previously submitted to and approved by NLC; (e) does not match the quality of the same product(s) previously supplied to NLC; (f) is delivered after the date specified for delivery on the face hereof; or (g) does not otherwise comply with the requirements of this Agreement, then NLC, may, in addition to any other remedies available at law or in equity, upon written notification to the Supplier: (i) refuse and return to the Supplier, at the Supplier’s risk and expense, all or any portion of the shipment that is unsatisfactory; or (ii) refuse any portion of the shipment which is unsatisfactory and, with the Supplier’s approval, dispose of same at the Supplier’s expense; provided that where the NLC exercises any of such remedies, the Supplier shall fully indemnify NLC for all costs including, without limitation, the purchase price of the product(s) and the freight expenses incurred in acquiring and returning the product(s) or any portion thereof. Unsatisfactory product that is disposed of by the NLC will be billed back at landed cost plus $4.00 per case to cover the cost of disposal. · DATE SENSITIVE – Date sensitive products should have at least two-thirds (2/3rd) of their projected shelf-life remaining on receipt. Products in NLC Distribution Center within 14 calendar days of their projected shelf-life will be deemed expired and removed from sale. Expired product will be disposed of in an environmentally friendly manner and the supplier will be billed back at landed cost plus $4.00 per case to cover the cost of disposal. · DELISTING/MARKDOWN POLICY - Any general list product that is delisted may be subject to a markdown at the supplier’s expense to clear out remaining inventory. The markdown will be 25% of the landed cost of the product. The new retail will be based on the markdown. For further clarity, suppliers should consult NLC’s Listing & Delisting Policy & Procedure manual on the Sup...
Inspection of Product. Acceptance or Rejection
Inspection of Product. Xxxxxxxxxx shall conduct an outgoing inspection in accordance with the provisions of the Quality Agreement. Upon receipt of each shipment of Product, Customer, or a third party designated by Customer for receipt of Product, shall conduct an acceptance inspection in accordance with the Specification as well as a visual inspection. Customer shall inform Xxxxxxxxxx of the result(s) of the pharmaceutical inspection, including the judgment of acceptance or rejection in writing within [***] after the receipt of such shipment of Product. If Customer fails to notify Xxxxxxxxxx of a rejection within such [***], the shipment of Product shall be deemed accepted by Customer.
Inspection of Product. Upon receipt of each shipment of Product, Codexis India and/or the Codexis India Customer, shall test and inspect such Product for compliance with the Product Specification and other documentation as set forth in Section 2.10 or otherwise provided by Codexis India to Arch pursuant to Section 2.5 (as applicable) for such Product corresponding to such shipment. Codexis India and/or the Codexis India Customer shall inform Arch of the result of the acceptance inspection including the judgment of acceptance or rejection of all or part of a shipment in writing within ten (10) days (or such other time as may be agreed to by Codexis India and a Codexis India Customer, as specified in the applicable Product Purchase Order) after the delivery of such shipment of Products. In the event that Arch receives a written notice of rejection from Codexis India and/or the Codexis India Customer within the timeframes set forth in the following sentence, subject to Section 2.9, Arch shall replace such rejected Product pursuant to Section 2.8. If Codexis India and/or the Codexis India Customer fails to notify Arch of a rejection within the requisite timeframe, the shipment of Products shall be deemed accepted by Codexis India and/or the Codexis India Customer. Regardless of any rejection of all or part of a shipment of Product, Codexis India shall pay for such Product and if such rejection is determined to be proper by Arch or pursuant to the dispute resolution mechanism set forth in Section 2.9, Codexis India shall be entitled to, at its sole discretion, a credit or refund of such properly rejected Product.
