INSPECTION REMEDIES. If the Contract is not declared terminated pursuant to Paragraph C Environmental Defect or Paragraph D Structural Defect as described above, and the Buyer has deliveredBuyer’s Inspection Response within the timeframe of “B” above to the Seller, then Buyer and Seller shallhave ten (10) days after Seller’s receipt of the Inspection Response in which to reach an agreement in writing for the repair of such defects by the Closing Date, including, but not limited to:
INSPECTION REMEDIES. Within a reasonable period after delivery in accordance with the shipping terms and prior to their use in downstream processing (“Incoming Product Inspection Period”) Tricida or its designee may inspect (i) the integrity of the packaging of the Products and (ii) the quantity and the identity of Products received. In the event that Tricida discovers any apparent damages or discrepancy with respect to the Products received (“Non-Conforming Products”), complaints about the Non-Conforming Products shall be promptly made in writing in accordance with the terms of the Quality Agreement. In the event that Tricida discovers that any batch of the Products does not meet the Specifications during the Incoming Product Inspection Period, such discrepancy shall be handled as a warranty claim under the terms of Section 6.2. Within thirty (30) days of receiving any timely notice of complaint from Tricida of Non-Conforming Product, Patheon will respond stating in writing whether (a) it accepts the complaint or (b) it disputes the complaint, in which case the Parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory resolution. If the Parties do not reach such resolution within a period of fifteen (15) business days after Patheon’s notice disputing the complaint, the Parties shall each escalate the matter to a Vice President of their organization and thereafter if the Parties do not reach such resolution within the next fifteen (15) business days, the Parties shall resolve such dispute pursuant to the provisions of Section 18. If Patheon does not provide written notice that it disputes Tricida’s complaint within thirty (30) days of receiving timely notice from Tricida, it will be deemed to have accepted such complaint. If Patheon agrees that the Products in such batch are Non-Conforming Products, Patheon will consult with Tricida, and depending on Tricida’s preference either (i) replace the Products from such batch within a commercially reasonable timeframe, at Patheon’s expense, or (ii) issue a full refund of any amounts paid for that particular batch by Tricida. Where possible any replacement Product shall be made as promptly as reasonably practicable after Patheon’s acceptance of Tricida’s complaint, in light of available manufacturing capacity and in light of Patheon’s manufacturing commitments in the Facility. In the event of any shortage in Product shipped, Patheon shall take all commercially re...
INSPECTION REMEDIES. 3.4.1. Customer or its agent will inspect and accept all Products within ten (10) days following delivery. If any Product does not conform to the Order or its Product Description, Customer may notify High Point within the 10-day period.
INSPECTION REMEDIES. Customer will inspect the Hardware within ninety (90) days of delivery (the “Inspection Period”) and be deemed to have accepted the Hardware, unless Customer provides Notice to Ford Pro prior to the end of the Inspection Period that some or all of the Hardware is Nonconforming Hardware. If Customer timely provides Notice to Ford Pro of any Nonconforming Hardware, Ford Pro will replace such Nonconforming Hardware with conforming Hardware. Customer will ship, at its initial expense and risk of loss, the Nonconforming Hardware to the facility designated by Ford Pro. After receiving and inspecting Customer’s shipment of Nonconforming Hardware and confirming the existence of the Defect, Ford Pro will promptly ship, at Ford Pro’s expense and risk of loss, the replacement Hardware to Customer’s Designated Location. Ford Pro will provide a credit or offset on any Invoice for reasonable return shipping costs of Nonconforming Hardware, the status of which Ford Pro has validated. Customer acknowledges and agrees that the remedies specified in this Section 5(a)(iii) are Customer’s exclusive remedies for the delivery of Nonconforming Hardware. Except as provided in this Section 5(a)(iii), Section 3(c), and Section 6(a), all sales of Hardware to Customer are made on a one-way basis, and Customer has no right to return Hardware purchased under these T&Cs to Ford Pro.
