Non-Conforming Shipments. SAG or its designee will have a period of thirty (30) business days from the date of its receipt of a shipment of Drug Product to inspect and reject such shipment for non-conformance with the obligations under this Article 4.7 and the obligations of RTU pursuant to Article 2.2 including the Specifications based on SAG's normal incoming-goods inspections procedures, by providing RTU with written notice of rejection for any Product Defect within such period of thirty (30) business days together with samples of the non-conforming Drug Products in the relevant shipment for testing. In the case of Product with Latent Defects, SAG or its designee will promptly, and in no event more than thirty (30) business days of SAG knowing of any such Latent Defect, notify RTU of such Latent Defect; provided however, that any Latent Defect must be notified no later than one (1) month following the expiry date of the applicable Drug Product, together with samples of the non-conforming Drug Products in the relevant shipment for testing. If RTU determines that such shipment did conform to the warranties of RTU for Drug Product pursuant to Article 2.2 including the Specifications and did conform to documented batch testing and release, the Parties will submit samples of such shipment to a mutually acceptable independent laboratory for testing. If such independent laboratory determines that the shipment conformed to the obligations of RTU for Drug Product pursuant to Article 2.2 including the Specifications and conformed to batch testing and release and was not affected by a Product or Latent Defect, SAG or its designee will bear all expenses of shipping and testing by such independent laboratory of such shipment samples. If RTU or such independent laboratory confirms that such shipment did not meet the obligations of RTU for Drug Product pursuant to Article 2.2 including the Specifications and did not conform to documented batch testing and release, RTU will, as soon as practicable, give SAG or its designee a credit for any amount paid with respect to that portion of the Drug Product which does not conform and will bear all of SAG's expenses of returning such Drug Product to RTU or its nominee. RTU or SAG, as directed by RTU, will dispose of any non-conforming portion of any shipment, at RTU's expense. The costs of the activities of any such independent laboratory will be borne by the Party in error.
Non-Conforming Shipments. If within thirty (30) days from receipt of a shipment of Product, diaDexus or its customer finds that the Product does not comply with the applicable Specifications, diaDexus or its customer shall provide BioCheck with a Certificate of Nonconformance for said shipment, such Certificate of Nonconformance to include a written statement specifying the nature and basis for the claim. diaDexus or its customer shall also return such non-conforming Product in accordance with BioCheck’s reasonable instructions, at BioCheck’s expense; provided that diaDexus or its customer may retain a reasonable sample thereof solely for further testing, including for example, testing pursuant to Section 2.9(d). BioCheck shall cooperate to solve such a claim in good faith as quickly as possible.
Non-Conforming Shipments. An event described in the last sentence of Article 5.3 has occurred with respect to a Transaction.
Non-Conforming Shipments. If Endo considers any such shipment not to conform to the applicable Specifications, Endo shall notify Penwest as provided in Section 7.2 hereof and provide Penwest with the relevant analysis. PENWEST'S SOLE OBLIGATION AND ENDO'S EXCLUSIVE REMEDY FOR ANY SUCH NONCONFORMITY SHALL BE AS FOLLOWS:
(i) Penwest shall at its own expense accept return of any shipment not accepted, or else reimburse Endo for the cost of disposal or destruction;
(ii) Penwest shall use its Best Commercial Efforts to replace the non-conforming shipment with conforming Formulated TIMERx; and
(iii) Section 7.4 hereof shall apply if in any circumstances set out in that Section Penwest shall be unable to supply replacement conforming Formulated TIMERx.
Non-Conforming Shipments. Upon receipt of each shipment of Products at the designated delivery location, WBC shall promptly inspect it for Product with non-concealed physical damage or defect and for non-concealed shortages or inconsistencies with the applicable purchase order or packing list, inventory or bill of lading that accompanies the shipment (each, a “Non-Conforming Shipment”). Notwithstanding the foregoing, WBC shall not be required to open and inspect individual cases of Product. WBC may reject any Non-Conforming Shipment by giving notice to Supplier in writing within [***] after receipt thereof. Any Non-Conforming Shipment not so rejected shall be deemed to have been accepted by WBC. Supplier shall bear all expenses and costs associated with handling, freight and return of any Non-Conforming Shipment. Final disposal of any Non-Conforming Shipment shall be the sole responsibility of Supplier, who shall retain ownership thereof.
Non-Conforming Shipments. 21 7.4 Failure to Supply TIMERx........................................... 22 7.5 Failure to Supply Oxymorphone ADS or Finished Product.............. 23 7.6 Access............................................................. 24 7.7 TIMERx Ordering Process............................................ 25 7.8 Estimates of TIMERx................................................ 25 7.9 Actual TIMERx Supply............................................... 25 7.10 Notifications; Governmental Inspections............................ 25 7.11 Manufacturing Agreements........................................... 26 8.
Non-Conforming Shipments. If within thirty (30) days from receipt of a shipment of Cleavage Enzyme ACLA finds by analysis in accordance with the Standard Operating Procedures for the applicable Cleavage Enzyme that the Cleavage Enzyme does not comply with the applicable Specifications, ACLA shall provide TWTI with a Certificate of Nonconformance for said shipment, such Certificate of Nonconformance to include a written statement specifying the nature and basis for the claim and a Statement of Non-Compliance for the shipment. ACLA shall also return such non-conforming Cleavage Enzyme in accordance with TWTI's reasonable instructions, at TWTI's expense; provided that ACLA may retain a reasonable sample thereof solely for further testing, including for example, testing pursuant to Section 2.9(d). ACLA and TWTI shall cooperate to solve such a claim in good faith as quickly as possible. If ACLA does not deliver an Acceptance Certificate, and does not deliver a Certificate of Nonconformance, to TWTI within such thirty (30) day time period, after receipt of shipment, the shipment shall be deemed to be conforming and accepted by ACLA.
Non-Conforming Shipments. Prior to returning any non-conforming Product to Seller, Buyer shall obtain a "Return Material Authorization" (RMA) number from Seller. Seller shall issue said RMA number within five (5) working days notice of request by Buyer.
A. In-warranty product shall be repaired by Seller free of charge. All transportation costs to and from Seller shall be borne by Seller. Within five (5) days after receipt of returned Product, Seller shall evaluate the units and confirm non conformance. Within ten (10) days after receipt of returned Product, Seller shall ship an equivalent quantity of repaired or new units to Buyer.
B. Out-of-warranty product shall be repaired by Seller at a charge to be mutually agreed upon. All transportation costs to and from Seller shall be borne by Buyer. Seller shall notify Buyer of all charges within five (5) working days after receipt of Product. Only those charges approved in writing by Buyer shall be allowed as billable by Seller. Seller shall return repaired product to Buyer within thirty (30) calendar days.
Non-Conforming Shipments. If within thirty (30) days from receipt of a shipment of Product, diaDexus or its customer finds that the Product does not comply with the applicable Specifications, diaDexus or its customer shall provide Corgenix with a Certificate of Nonconformance for said shipment, such Certificate of Nonconformance to include a written statement specifying the nature and basis for the claim. diaDexus or its customer shall also return such non-conforming Product in accordance with Corgenix’s reasonable instructions, at Corgenix’s expense; provided that diaDexus or its customer may retain a reasonable sample thereof solely for further testing, including for example, testing pursuant to Section 2.9(d). Corgenix shall cooperate to solve such a claim in good faith as quickly as possible.
Non-Conforming Shipments. In respect of any liability, loss or damage arising out of the Seller’s supply of a Non-Conforming Shipment (as defined in Clause 6.1), the Seller’s liability to the Buyer shall be limited to the consequences set out in Clauses 6.1 to 6.5 inclusive and, for the avoidance of doubt, Clause 7.4, of this Deed.
