Common use of Latent Defects Clause in Contracts

Latent Defects. If after accepting a shipment of PPF, Bayer subsequently discovers latent material defects (including without limitation, nonconformance to the Specifications) not reasonably discoverable during the acceptance period set forth in Section 3.3, Bayer may revoke its acceptance of such shipment of PPF by giving written notice and disclosing the nature of any defects to Supplier as soon as practicable after discovering such defects. In such event, such PPF shall be considered a Nonconforming Product to the extent latent material defects in fact are present and the provisions of Section 7.1 below shall apply.

Appears in 3 contracts

Samples: Supply Agreement (Talecris Biotherapeutics Holdings Corp.), Supply Agreement (Talecris Biotherapeutics Holdings Corp.), Supply Agreement (Talecris Biotherapeutics Holdings Corp.)

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