Common use of Latent Defects Clause in Contracts

Latent Defects. It is understood that Products may have defects (“defects” meaning that such Products fail to conform to the applicable Specifications or otherwise fail to conform to the warranties given by Stellartech herein) which would not be discoverable upon reasonable physical inspection or testing (the “Latent Defects”). As soon as either Thermage or Stellartech becomes aware of a Latent Defect in any Products, it shall immediately notify the other party and, at Thermage’s election, such Products shall be deemed nonconforming to the Specifications and rejected as of the date of such notice.

Latent Defects. It is understood that Products may have defects (“"defects” " meaning that such Products fail to conform to the applicable Specifications or otherwise fail to conform to the warranties given by Stellartech ITC herein) which would not be discoverable upon reasonable physical inspection or testing (the “"Latent Defects”"). As soon as either Thermage Urosurge or Stellartech ITC becomes aware of a Latent Defect in any Products, Product it shall immediately notify the other party and, at Thermage’s Urosurge's election, such Products shall be deemed nonconforming non-conforming to the Specifications and rejected as of the date of such notice.