Non-Conforming Orders Sample Clauses

Non-Conforming Orders. Supplier will use reasonable commercial efforts to fill non-conforming purchase orders for Products in accordance with Distributor's requests.
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Non-Conforming Orders i) Customer shall inform Company in writing, within thirty (30) days of receipt of Products under a particular purchase order (the “Review Period”), of any claims in which (a) there is a shortfall in the quantity of Products delivered, or (b) a delivered Product is Defective, provided that if a Defect in the Product could not reasonably be discovered by Customer within the Review Period (a “Latent Defect”), Customer shall provide Company with notice of such Latent Defect within thirty (30) days after discovering and confirming such Latent Defect (but in all cases within ninety (90) days of delivery' of the Product to Customer hereunder). Customer will return Defective Products to Company at Company’s expense. Provided that Customer complies with the obligations set forth above in this Section 3(f)(i):
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Non-Conforming Orders medac will use reasonable commercial efforts to fill non-conforming purchase orders for Product in accordance with ERYtech Pharma’s requests. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED [***]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ***Text Omitted and Filed Separately Confidential Treatment Requested Under 17 C.F.R. §§ 200.80(b)(4) and 230.406
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Non-Conforming Orders. Medac will use reasonable commercial efforts to fill non-conforming purchase orders for Products in accordance with ERYtech Pharma’s requests.
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Non-Conforming Orders. In the event that Supplier ships any product that fails to conform to the applicable Specifications or Purchase Schedule or this Agreement (including, but not limited to, with respect to quantity) or with any representation, warranty, or provision contained in this Agreement or any applicable Purchase Schedule (“Non-Conforming Products”), Supplier shall immediately replace such products with Products that conform with the foregoing at no cost to any Purchaser and shall pay any additional or incremental costs (e.g., expedited shipping costs) to expedite such replacement. Customer may also elect to replace Non- Conforming Products with products similar to the Products from any other source, in which event Supplier shall reimburse Customer for the amounts of such Non- Conforming Products paid by Customer and the difference between the negotiated price of the Products and the actual price paid by Customer to obtain the substitute products from a third party. If Supplier becomes aware that any of the intended Products may be Non-Conforming Products (including, but not limited to, by infestation, contamination, adulteration, the presence of pathogenic bacteria or viruses, or by becoming otherwise in violation of any Laws), Supplier shall immediately notify Customer via telephone, e-mail, or in other writing. Any inspection or other action by Customer shall not reduce or otherwise affect Supplier’s obligations hereunder, and Company shall have the right to conduct further inspections, including after Supplier has carried out any remedial actions.
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Non-Conforming Orders. Licensee shall send to Licensor notice in writing or through electronic transmission regarding quantity discrepancies between ordered and delivered quantities with respect to any delivery of Clinical Supply and Licensor shall promptly deliver the replacement Clinical Supply to remedy the quantity discrepancies. Licensee shall send to Licensor notice in writing or through electronic transmission regarding Defects (as defined below) with respect to any delivery of Clinical Supply. In the event that Licensor has delivered any Clinical Supply that, as delivered, is not new unless otherwise specified in the applicable Purchase Order, is not free and clear of all liens and encumbrances of any kind, deviates from Manufacturing specifications agreed to by the Parties, was not Manufactured in accordance with Applicable Laws or any other requirements mutually agreed upon by the Parties (each deviation a “Defect”, and the Clinical Supply that is the subject of the Defect, a “Defective Clinical Supply”), Licensor shall, at its sole cost and expense, promptly repair or replace the Defective Clinical Supply or, if Licensor is unable or unwilling to do so, refund all amounts paid by Licensee for such Defective Clinical Supply. Licensee, or its designated representative, may inspect the Clinical Supply to determine whether Licensor has cured the defect. If both Parties decide that the Clinical Supply cannot be reworked or used, Licensor shall arrange, at its sole cost and expense, for all such Defective Clinical Supply to be picked up and destroyed in accordance with all Applicable Laws and deliver to Licensee a certificate of destruction signed by an authorized representative of Licensor.
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Non-Conforming Orders. Subject to and in accordance with ICC’s standard operation procedure titled “Quality System Complaint Process”, which procedure and any amendments thereto shall be reviewed and approved by the Management Committee, Pure shall send to ICC any Deficiency Notice within *** after Pure’s customer’s receipt of the Product. In the event a Defect in the Product could not reasonably be discovered within this *** period (“Latent Defect”), Pure and its customers shall have the right to reject such Product within *** after discovering the Latent Defect. Upon receipt of a Deficiency Notice, and after review and acceptance by ICC under the terms of its “Quality System Complaint Process”, ICC shall, at its sole cost and expense: (a) replace the rejected Product with Product that is not Defective within *** , and (b) deliver such replacement Product to Pure or to Pure’s customer, as directed by Pure. ICC shall arrange, at its sole cost and *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. expense, for all such Defective Product to be picked up and destroyed in accordance with all Applicable Laws
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Non-Conforming Orders 
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Related to Non-Conforming Orders

  • Non-Conforming Product If Cardinal Health agrees that a Batch rejected by Xencor pursuant to Section 3.7 is non-conforming and such non-conformity is determined to be the result of Cardinal Health’s gross negligence, willful misconduct or breach of this Agreement, the Quality Agreement or the applicable SOW, Cardinal Health shall, within […***…] after receiving the non-conforming Batch, at its option and sole expense, either (i) re-perform the Services and replace the entire Delivery containing the non-conforming Batch with conforming Product in accordance with this Agreement, or (ii) refund to Xencor all payments made by Xencor for the Delivery containing the non-conforming Batch. If Cardinal Health in good faith does not agree with Xencor’s determination that the rejected Batch is a non-conforming Batch, then after reasonable efforts to resolve the disagreement, not to exceed […***…] following such Batch’s rejection by Xencor, either party may submit a sample of such Batch to […***…] or another mutually agreed upon independent third party laboratory to determine whether the Batch has been properly rejected under Section 3.7. The independent laboratory’s determination shall be final and binding on both parties. If the independent laboratory determines that the Batch has been properly rejected under Section 3.7, but the parties do not agree on whether or not such failure is the result of Cardinal Health’s gross negligence, willful misconduct or breach of this Agreement; the Quality Agreement or the applicable SOW, the parties shall submit such dispute to arbitration in accordance with the terms of Section 14.9. Unless otherwise agreed to by the parties in writing, the costs associated with testing and review by the independent laboratory shall be borne by (i) Cardinal Health, if the non-conforming Batch is the result of Cardinal Health’s gross negligence, willful misconduct or breach of this Agreement, the Quality Agreement or the applicable SOW, or (ii) Xencor, if the non-conforming Batch is not the result of Cardinal Health’s gross negligence, willful misconduct or breach of this Agreement, the Quality Agreement or the applicable SOW.

  • Change Orders Any alteration or deviation from the Services mentioned or any other contractual specifications that result in a revision of this Agreement shall be executed and attached to this Agreement as a change order (“Change Order”).

  • Purchase Orders Unless otherwise authorized in writing by the Commissioner, no Product is to be delivered or furnished by Contractor until transmittal of an official Purchase Order from the Authorized User. Unless terminated or cancelled pursuant to the authority vested in the Commissioner, Purchase Orders shall be effective and binding upon the Contractor when placed in the mail or electronically transmitted prior to the termination of the contract period, addressed to the Contractor at the address for receipt of orders set forth in the Contract or in the Contract Award Notification. All Purchase Orders issued pursuant to Contracts let by the Commissioner must bear the appropriate Contract number and, if necessary, required State approvals. As deemed necessary, the Authorized User may confirm pricing and other Product information with the Contractor prior to placement of the Purchase Order. The State reserves the right to require any other information from the Contractor which the State deems necessary in order to complete any Purchase Order placed under the Contract. Unless otherwise specified, all Purchase Orders against Centralized Contracts will be placed by Authorized Users directly with the Contractor and any discrepancy between the terms stated on the vendor’s order form, confirmation or acknowledgment, and the Contract terms shall be resolved in favor of the terms most favorable to the Authorized User. Should an Authorized User add written terms and conditions to the Purchase Order that conflict with the terms and conditions of the Contract, the Contractor has the option of rejecting the Purchase Order within five business days of its receipt but shall first attempt to negotiate the additional written terms and conditions in good faith with the Authorized User, or fulfill the Purchase Order. Notwithstanding the above, the Authorized User reserves the right to dispute any discrepancies arising from the presentation of additional terms and conditions with the Contractor. If, with respect to an Agency Specific Contract let by the OGS Commissioner, a Purchase Order is not received by the Contractor within two weeks after the issuance of a Contract Award Notification, it is the responsibility of the Contractor to request in writing that the appropriate Authorized User forward a Purchase Order. If, thereafter, a Purchase Order is not received within a reasonable period of time, the Contractor shall promptly notify in writing the appropriate purchasing officer in OGS. Failure to timely notify such officer may, in the discretion of the OGS Commissioner and without cost to the State, result in the cancellation of such requirement by the OGS Commissioner with a corresponding reduction in the Contract quantity and price.

  • Purchase Order A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract and, if applicable, the Contractor must provide commodities or contractual services pursuant to purchase orders. Purchase orders issued pursuant to the Contract must be received by the Contractor no later than the close of business on the last day of the Contract’s term. The Contractor is required to accept timely purchase orders specifying delivery schedules that extend beyond the Contract term even when such extended delivery will occur after expiration of the Contract. Purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the Contract shall survive the termination or expiration of the Contract and apply to the Contractor’s performance. The duration of purchase orders for recurring deliverables shall not exceed the expiration of the Contract by more than twelve months. Any purchase order terms and conditions conflicting with these Special Contract Conditions shall not become a part of the Contract.

  • Product Specifications The Company agrees that all Products sold to Xxxx hereunder shall conform to the respective specifications set forth on Schedule A or to such other specifications as are from time to time agreed upon by the Parties.

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