INSPECTION; REJECTION; ACCEPTANCE. AlgoRx may reject Gas Cylinders that are defective or that do not conform to the Gas Cylinder Specification or Packaging Specification ("DEFECTIVE PRODUCTS") by giving written notice to PowderJect, within eighteen (18) Business Days of receipt by AlgoRx of such Defective Products, which notice (i) states that there are defects in the Gas Cylinders introduced prior to delivery that cause such Gas Cylinders to be defective or not conform to the Gas Cylinder Specification or Packaging Specification, and (ii) identifies in reasonable detail the nature of the defect and the basis for AlgoRx's determination as to the nature of the defect. If AlgoRx fails to so notify PowderJect of any Defective Products within such eighteen (18) Business Day period, AlgoRx will be deemed to have accepted the Gas Cylinders, subject to Section 3.3(b), and except for claims for indemnification pursuant to Section 7.1 or breach of warranty under Section 6.2(a).
INSPECTION; REJECTION; ACCEPTANCE. All items covered by this order may be inspected and tested by Buyer or its designee, at all reasonable times and places. Seller shall provide, without additional charge, all reasonable facilities and assistance for such inspections and tests. All inspection records relating to items covered by this order shall be available to Buyer during the performance of this order and for such longer periods as specified by Buyer in its acceptance of the inspection procedures. The material furnished hereunder shall have zero defects, and Xxxxxx has the obligation to properly inspect such items prior to delivery to Buyer. If any items covered by this order are defective or otherwise not in conformity with the requirements of this order, Buyer may, (i) rescind this order as to such items; (ii) accept such items at an equitable reduction in price; or (iii) reject such items and require the delivery of replacements. Deliveries of replacements shall be accompanied by a written notice specifying that such items are replacements. If Seller fails to deliver required replacements promptly, Buyer may (i) replace, obtain or correct such items and charge Seller the cost occasioned Buyer thereby, or (ii) terminate this order for cause as provided in Article 16(b). Material rejected is to be returned to Seller, at Seller’s expense, for transportation both ways.
INSPECTION; REJECTION; ACCEPTANCE. After Conor receives a shipment of Product from Phytogen, Conor shall promptly test the Product in such shipment in accordance with the acceptance tests (including analytical methods) set forth in the Product Specifications to confirm that such Product conform to the Product Specifications. At Conor’s request, Phytogen shall transfer to Conor any assays, methods, or other technical information reasonably necessary to enable Conor to perform such acceptance tests. Conor may reject any or all Product that (i) is adulterated or misbranded within the meaning of the FD&C Act, or (ii) does not conform with the Product Specifications (“Defective Product”), by giving written notice to Phytogen within [*] days after delivery of the Product to the delivery destination set forth in the applicable firm order, which notice shall identify in reasonable detail the nature of the defect and shall provide a copy of all test methods, raw data, final results and give Phytogen access to all technical personnel involved in the testing. If Conor fails to give such notice to Phytogen within such time period, Conor will be deemed to have accepted the Product and to have released Phytogen from any claim with respect to such Defective Product subject to Sections 6.6, 6.7 and 8.5.
INSPECTION; REJECTION; ACCEPTANCE. (a) All items, including without limitation raw materials, components, services, intermediate assemblies, end products and data, shall be subject to inspection and test by AIXTRON, Inc. and/or its customer to the extent practicable at all times and places at AIXTRON, Inc.’s discretion, including the period of manufacture, and in any event prior to final acceptance.
(b) If any items are defective in material or workmanship or otherwise not in conformity with the requirements of this Order, AIXTRON, Inc. shall have the right either to reject them, with or without instructions as to their disposition, or to require their correction or to require their replacement. Items which have been rejected or required to be corrected shall be removed or, if permitted or required by AIXTRON, Inc., corrected by and at the expense of Seller promptly after notice, and shall not thereafter be tendered for acceptance
INSPECTION; REJECTION; ACCEPTANCE. 9.1 The acceptance, inspection or payment of the goods by MUSASHI EUROPE shall not be deemed as approval without reservation and shall not release Supplier from the contractual obligations, commitments and warranties.
9.2 MUSASHI EUROPE shall be entitled to inspect Supplier’s manufacturing process at short notice. Supplier shall take appropriate precautions to ensure the safety and facilitate the work of MUSASHI EUROPE’s staff.
9.3 Services will be accepted by MUSASHI EUROPE after completion and corresponding notification by Supplier. Goods will be immediately inspected by MUSASHI EUROPE for external intactness and completeness. Any apparent defects will be reported without delay, usually within 2 weeks of receipt of the goods. Any latent defects will be reported without delay, usually within 2 weeks of discovery. Supplier shall have any defective goods picked up from MUSASHI EUROPE at its own expense within two (2) weeks of notification of the defect and/or render any services without delay at its own expense in accordance with the instructions given by MUSASHI EUROPE. If Supplier fails to pick up the goods within two (2) weeks, MUSASHI EUROPE shall be entitled to return or store them at Supplier’s expense and risk. This shall be without prejudice to other or further contractual or statutory claims of MUSASHI EUROPE.
9.4 If a random inspection shows that part of a lot or a delivery of identical or similar items is not in conformity with the contract, MUSASHI EUROPE shall be entitled to refuse the acceptance of the entire delivery or entire lot without further inspection and return it to Supplier; alternatively, MUSASHI EUROPE may also perform an inspection of the entire lot or delivery, refuse the acceptance of all or particular nonconforming goods and return them to Supplier while charging the costs of the inspection to Supplier (or accept them at a reduced price).
INSPECTION; REJECTION; ACCEPTANCE. Supplier shall deliver Goods and/or perform the Services in accordance with the Contract and those standards of care, skill and diligence and customarily accepted practices and procedures normally provided by a professional in the performance of the same. Buyer shall have the right to inspect and test all Goods furnished and/or Services performed at any time prior to completion of performance, and shall the right make a final inspection within a reasonable time after completion of performance. Such tests and inspections shall be as specified by Buyer and shall be held at a time and in a manner acceptable to Buyer. Successful completion of Buyer’s final inspection, as determined solely by Xxxxx, shall constitute acceptance of the Goods and/or Services. However, failure to inspect or test by Xxxxx shall not relieve the Supplier of any responsibilities hereunder. Payment under the Contract, or any part thereof, shall not constitute Buyer’s acceptance or release Supplier from its responsibility to perform its obligations under the Contract. If Buyer requires replacement or re-performance of non-conforming Goods and/or Services (as applicable), Supplier will, at its expense, promptly replace or re-perform the non-conforming Goods and/or Services (as applicable) and pay for all related expenses, including, but not limited to, transportation charges for the return of the non-conforming Goods and the delivery of replacement Goods. If Supplier fails to timely deliver replacement Goods or re-perform Services (as applicable), Buyer may replace the non-conforming Goods and/or Services (as applicable) with goods and/or services (as applicable) from a third party and charge Supplier the cost thereof and terminate the Contract for cause.
INSPECTION; REJECTION; ACCEPTANCE. Within thirty (30) days after the delivery by Shionogi of Licensed Products to Peninsula, Peninsula shall conduct acceptance tests with respect to quality and quantity as set forth in the Quality Memorandum. Peninsula may reject Licensed Products that are (i) adulterated or misbranded within the meaning of the FD&C Act, (ii) not prepared in compliance with GMP or other applicable laws or regulations, (iii) not in conformance with the Specifications, or (iv) are damaged or broken ("DEFECTIVE PRODUCTS"), or may notify Shionogi of any shortage of Licensed Products with respect to the quantity delivered, by giving written notice to Shionogi within thirty (30) days after delivery of the Licensed Products to the delivery destination set forth in the applicable firm order, which notice shall identify in reasonable detail the nature of the defect or shortage. If Peninsula fails to give such notice to Shionogi within the said time period, Peninsula will be deemed to have accepted the Licensed Products and to have released Shionogi from any claim with respect to such Defective Products, subject to Section 3.8(b), and except for claims for indemnification pursuant to Section 7.1(a).
