INSPECTION OF SHIPMENTS. Manufacturer shall send to Purchaser prior to or concurrently with each shipment a copy of any documentation for the relevant Product that has been agreed by the Parties. Purchaser shall have the right to inspect the shipment of the Products which are the subject of each Order for damage, defects, shortages or other noncomformities within thirty (30) calendar days after receipt thereof and shall notify Manufacturer as soon as possible of any damage, defects, shortages or of any other failure of the Products to conform to this Agreement. Any Products which are the subject of an Order not rejected by Purchaser by written notice to Manufacturer within such thirty (30) day period shall be deemed accepted. Purchaser's sole remedy with respect to any nonconformity after acceptance of a shipment shall be those provided pursuant to the warranties set forth in Section 9.1. Upon Manufacturer's request, Purchaser shall provide Manufacturer with packing slips, inspection reports and other documentation supporting its rejection of any shipment. If such shortages or nonconformity existed at the time of delivery of the Order, Manufacturer shall promptly deliver additional or substitute Products to Purchaser in accordance with the delivery procedures set forth herein.
INSPECTION OF SHIPMENTS. 7.1 Buyer shall inspect all Product delivered hereunder for defective or adulterated Product within a reasonable period of time after receipt and shall provide Vivier with written notice of any such defective or adulterated Product within thirty (30) days of discovery of any defect of adulteration. Defective or adulterated Products, excluding those Products suffering from defects or adulteration as a result of shipper's action or failure to act, shall hereinafter be referred to as, "Damaged Product." If within such thirty (30) day period, Buyer notifies Vivier that in its opinion the defects or adulteration are not as a result of shipper's action or failure to act, Buyer agrees to review its results with Vivier's Quality Assurance Department to confirm the existence of Damaged Product. Pending final determination of the existence of Damaged Product, Buyer's obligation to pay for the Damaged Product shall be suspended. Upon a determination that such product is or was not Damaged Product, Buyer shall immediately pay to Vivier the full invoice price for such product. If both parties agree that the shipment, or any part thereof, is Damaged Product, then Vivier shall, at Buyer's option, (a) deliver replacement Product to Buyer as soon as reasonably practical thereafter (but, in any event, within ninety (90) days after the initial notification by Buyer) , (b) refund to Buyer (by cash or credit) the purchase price paid by Buyer with respect to the amount of Product which is determined to be Damaged Product or (c) cancel that portion of the purchase order to the extent of the Damaged Product in which event Buyer shall have no obligation to pay for such Damaged Product. If the parties disagree as to the existence of a problem, they will then submit representative samples of the shipment to a mutually acceptable independent testing lab and the results of said lab shall be binding on the parties and the costs associated with such submission shall be borne by the party against which the lab decides.
INSPECTION OF SHIPMENTS. 6.1. SANTARUS shall visually inspect or have visually inspected the Omeprazole delivered hereunder for obvious damage and/or shortage (collectively, "OBVIOUS DAMAGE") immediately upon receipt and shall provide INTERCHEM and UQUIFA with written notice of any such Obvious Damage within *** days after receipt. SANTARUS shall be deemed to have accepted any shipment of Omeprazole but only with respect to Obvious Damage, unless INTERCHEM or UQUIFA receives the written notice required within the ** -day time period specified above. At its discretion, SANTARUS may also test, or have tested, any lot of Omeprazole supplied to SANTARUS.
INSPECTION OF SHIPMENTS. MG shall promptly inspect the delivery and in the event of any shortage, damage, or discrepancy in a shipment, MG shall promptly report the same to WRT and furnish to WRT such written evidence or other documentation as is obtained by MG to substantiate such shortage, damage, or discrepancy.
INSPECTION OF SHIPMENTS. Any single item with a value over $250, must be inspected immediately for any visible outward damage before the delivery company leaves the premises. Any damages and exceptions must be noted on the Bill of Lading or delivery ticket. Capital equipment that has been damaged should be refused and left with the delivery company or carrier. Breakwood Enterprises Inc. must be notified immediately of the damage. The item must be inspected immediately for concealed damage. In the event of concealed damage, the original shipping container must be saved for the inspection. Breakwood Enterprises Inc., should be notified immediately of such damage. Failure to adhere to this policy will release Breakwood Enterprises Inc. from any responsibility regarding replacement and/or credit. RETURN GOODS POLICY: BREAKWOOD ENTERPRISES INC. WILL ONLY ACCEPT RETURNED GOODS IF SUCH RETURN COMPLIES WITH THE PROVISIONS IN THIS POLICY. - To ensure credit, returns must be pre-approved by an authorized Breakwood Enterprises Inc. representative, and assigned a return goods authorization number which must accompany the return. - A request for return must be initiated within thirty days of the receipt of the merchandise. - Risk of loss on items to be returned does not pass to Breakwood Enterprises Inc. until received at Breakwood Enterprises Inc.. - If Breakwood Enterprises Inc., determines that the return is a result of customer error, such items must be returned to the warehouse of Breakwood Enterprises Inc. at the expense of the customer. - Except for items which are returned as a result of an 'out of box' failure, all items must be returned in their original box. Unmarked, unused, unopened, and in resalable condition. The following items may not be returned: Refrigerated or sterile products may not be returned, even if they are unmarked and unused. Made-to-order or specially ordered items (items not routinely stocked in the warehouse of Breakwood Enterprises Inc., it’s vendors, or currently not sold by Breakwood Enterprises Inc.) may not be returned unless a vendor is willing to take back a specially ordered item. The return of a specially ordered item is subject to any restocking fee charged by the vendor. Hazardous items may not be returned unless such items are routinely stocked items in the Breakwood Enterprises Inc. warehouse or historically sold by Breakwood Enterprises Inc. Obsolete, discontinued, expired, short-dated, or items in units of measure less than the original unit of sa...
INSPECTION OF SHIPMENTS. 6.1. OREXIGEN shall visually inspect or have visually inspected the Naltrexone Hydrochloride delivered hereunder for obvious damage, failure to meet Specifications and/or shortage (collectively, “Obvious Damage”) after receipt thereof and shall provide CILAG with written notice of any such Obvious Damage within [***] ([***]) days after receipt. OREXIGEN shall be deemed to have accepted any shipment of Naltrexone Hydrochloride, but only with respect to Obvious Damage, unless CILAG receives the written notice required within the [***] ([***])-day time period specified above. At its discretion, OREXIGEN may also test, or have tested, any lot of Naltrexone Hydrochloride supplied to OREXIGEN.
INSPECTION OF SHIPMENTS. DPD / RPX is not obliged to check whether a Shipment contains Prohibited Goods. However, DPD / RPX may, at our option, open and inspect any Shipment without notice for safety, security, customs or other regulatory reasons. Customer hereby acknowledges that DPD / RPX or any governmental authority will be entitled to open and inspect the parcels entrusted to it at any time, without the exercising of such right in any way calling to question.
INSPECTION OF SHIPMENTS. FIRST PARTY or its Logistics partner may, at its sole discretion, or upon the request of the competent authorities, open and inspect any Shipment without notice at any time, and shall incur no liability of any kind therefore In accordance with applicable regulations FIRST PARTY or its Logistics partner is required to undertake (random) X-ray/Laser screening. FIRST PARTY or its Logistics partner may undertake such screening and the Sender and Recipient hereby waive any possible claims for damages or delays (including but not limited to the Money Back Guarantee) as a result of screening. FIRST PARTY or its Logistics partner reserves the right to enquire/verify about the details of the shipment with CLIENT, consignee, manufacturer or distributor. These Conditions shall not exclude any liability where the exclusion of that liability is prohibited by law. Insofar as any provision contained or referred to in these Conditions may be contrary to any applicable rules defined by the logistics partners, international treaty, local law, government regulations, orders, or requirements, such provision shall be limited to the maximum extent permitted and, as limited, shall remain in effect as part of the agreement between FIRST PARTY and the client/Sender. The invalidity or unenforceability of any provision shall not affect any other part of these Conditions.
INSPECTION OF SHIPMENTS. RPX is not obliged to check whether a Shipment contains Prohibited Goods. However, RPX may, at our option, open and inspect any Shipment without notice for safety, security, customs or other regulatory reasons. Customer hereby acknowledges that RPX or any governmental authority will be entitled to open and inspect the parcels entrusted to it at any time, without the exercising of such right in any way calling to question.
INSPECTION OF SHIPMENTS. 7.1 Ercros shall notify Zavante at least [**] prior to each shipment of API Mixture. Zavante or its designated representative shall have the right to visually inspect each shipment of API Mixture at Ercros’ warehouse for obvious damage and/or shortage (collectively, “Obvious Damage”) prior to shipment, and shall promptly provide Ercros with written notice of any such Obvious Damage. Zavante shall be deemed to have accepted any shipment of API Mixture, but only with respect to Obvious Damage, unless Zavante provides the written notice promptly as specified in the foregoing sentence. At its discretion, Zavante may also test, or have tested, any lot of API Mixture supplied to Zavante.
