Manufacturing Warranty. Sony warrants that the units of Licensed Product that are manufactured by Sony for Licensee pursuant to Section 7 of this Agreement shall, at time to delivery to Licensee, be free from defects in material. The sole obligation of Sony under this warranty shall be, for a period of one year from the date of shipment of such discs by Sony to Licensee, at Sony's election, either to replace, to issue credit, or to refund to Licensee the purchase price paid to Sony for any such defective discs. Such warranty is the only warranty applicable to the Licensed Product manufactured by Sony for Licensee pursuant to Section 7 of this Agreement. This warranty shall not apply to damage resulting from accident, alteration, negligence or misuse of the Licensed Products. If, during the aforesaid period, a defective disc is received by Licensee, Licensee shall notify Sony and, upon request by Sony, provide Sony with the returned disc(s) and a written description of the defect claimed. Sony shall not accept the return of any disc(s) except factory defective disc(s) (i.e., those discs that are not free from defects in material), and all such returns must be authorized by Sony in writing and in advance. All discs for which return is authorized will be sent to a place designated by Sony at Sony's expense. If the defect did not arise from causes placing liability on Sony under the above warranty, Licensee shall reimburse Sony for expenses incurred in shipping, processing and analyzing the discs. Sony's judgment as to the origin of the defect shall be final and binding.
Manufacturing Warranty. SCEA warrants that the Units or any component parts thereto that are manufactured by SCEA or a Designated Manufacturing Facility for Publisher shall, at time of delivery to Publisher, be free from defects in material and workmanship. The sole obligation of SCEA and a Designated Manufacturing Facility under this warranty shall be, for a period of one year from the date of shipment of Units of Licensed Products or component parts thereto to Publisher, at SCEA's election, either to replace the defective Units or component parts or to issue credit to Publisher for the purchase price and any royalties paid to SCEA and/or a Designated Manufacturing Facility for any such defective Units or component parts. Such warranty is the only warranty applicable to the Licensed Product manufactured by a Designated Manufacturing Facility for Publisher pursuant to Section 7 of this Agreement. This warranty shall not apply to damage resulting from accident, alteration, negligence, normal wear and tear, willful damage, abnormal conditions of use, failure to follow directions for use (whether given in instruction manuals or otherwise) or misuse of the Licensed Products, or to damage to or defects in any materials provided by Publisher to SCEA or a Designated Manufacturing Facility. If, during the aforesaid period, a defective Unit is received by Publisher, Publisher shall notify SCEA within the warranty period set forth above and, upon request by SCEA, provide SCEA with the returned Unit(s) or component part(s) and a written description of the defect claimed or, if requested by SCEA in its sole discretion, Publisher shall destroy any such defective discs. SCEA and any Designated Manufacturing Facility shall not accept the return of any Unit(s) or component part(s) except factory defective Unit(s) or component part(s) (i.e., those Units or component parts that are not free from defects in material and/or workmanship), and all such returns must be authorized by SCEA in writing and in advance. All Units or component parts which are returned in accordance with this Section 11.4.1 will be sent to a place designated by SCEA at SCEA's expense. If the defect did not arise from causes placing liability on SCEA or a Designated Manufacturing Facility under the above warranty, Publisher shall reimburse SCEA and any Designated Manufacturing Facility for expenses incurred in shipping, processing and analyzing the Units or component parts. SCEA's and any Designated Manufacturing Facility's rea...
Manufacturing Warranty. Patheon represents and warrants that all products manufactured by Patheon under an SOW shall be manufactured in compliance with the Quality Agreement and all other Applicable Laws and, if the products are required to be manufactured in accordance with cGMP pursuant to the applicable SOW, such products shall be manufactured in compliance with cGMP and the applicable Specifications.
Manufacturing Warranty. TANABE represents and warrants that the BULK DRUG SUBSTANCE manufactured by TANABE for VIVUS pursuant to the Agreement shall be manufactured in accordance with any applicable regulations pertaining to the CGMP.
Manufacturing Warranty. CIRCA warrants that all products supplied to ---------------------- CEPHALON will be manufactured in accordance with current good manufacturing practices as specified by the applicable laws and regulations of the United States, Mexico, Japan, the European Union, the United Kingdom and of Ireland (as may be applicable), at the time of manufacture. A statement to this effect shall be printed on CIRCA'S certificate of analysis for each batch of Product delivered. Moreover, CIRCA will provide to CEPHALON concurrent with each invoice the applicable batch records and test results establishing such compliance, as provided in Schedule C hereto.
Manufacturing Warranty. [MANUFACTURER] warrants that all Products supplied to PURCHASER will be manufactured in accordance with cGMPs and the Quality Technical Agreement in effect at the time of manufacture.
Manufacturing Warranty. CATALYTICA warrants that all Products supplied to CEPHALON will be manufactured in accordance with cGMPs in effect at the time of manufacture. A statement to this effect shall be printed on CATALYTICA's certificate of analysis for each batch of Product delivered. Moreover, CATALYTICA will provide to CEPHALON concurrent with each invoice the applicable batch records and test results establishing such compliance, as provided in Schedule C hereto.
Manufacturing Warranty. Helsinn warrants that all API supplied to Indevus will be manufactured in accordance with and conform to the Specifications, cGMPs, the Quality Technical Agreement in effect at the time of manufacture, other applicable Regulatory Standards and such quality assurance and quality control practices as are standard in the pharmaceutical manufacturing industry; Helsinn makes no warranty, and shall have no responsibility of any kind whatsoever, in connection with any Finished Product, except to the extent attributable to the API and subject to the provision of Section 14.1.
Manufacturing Warranty. Upon receipt of a returned Good, Flextronics shall determine if (i) the returned Good was originally manufactured by Flextronics and (ii) the defects exhibited by the returned Good are covered by the manufacturing workmanship warranty given by Flextronics in the MSA (the “Manufacturing Warranty”). If the returned Good meets the criteria set forth in subsections (i) and (ii) in the immediately preceding sentence, then Flextronics shall identify the returned Good as covered by the Manufacturing Warranty and Flextronics shall repair the nonconformance pursuant to the terms and conditions of the MSA (the “Warranty Service”). A returned Good shall not be covered by the Manufacturing Warranty if: (A) Flextronics was not the original manufacturer of the returned Good; (B) the Good is returned to Flextronics after the expiration of the applicable warranty period for the Manufacturing Warranty; or (C) any exception set forth in the MSA to the Manufacturing Warranty applies to such Good. Any Service (other than Warranty Service) performed with respect to any returned Good (which such Service may include without limitation out of warranty repair service, upgrading the Good to the most current specifications for the Good or other refurbishment service) shall be performed by Flextronics at the charges set forth in the Statement of Work. [***] Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatment has been requested with respect to the omitted portions.
Manufacturing Warranty. XXXXXX warrants that all Products supplied to CEPHALON will be manufactured in accordance with cGMPs and the Quality Manual in effect at the time of manufacture.
