Non-Conformities. (A) If any of the Goods and/or Services fail to comply with any term of this Purchase Order, including: (i) fails to meet any Specifications or Quality Standards; (ii) shipped contrary to instructions; (iii) in excess of the quantities herein provided (except for quantities of Goods in excess of those ordered constituting customary quantity variations common to the trade or industry); (iv) substituted for Goods and/or Services herein described; (v) not shipped in containers conforming to Specifications (or, in the absence of such Specifications, in recognized standard containers); or (vi) allegedly violating any statute, ordinance, or administrative order, rule or regulation, then Buyer may, at its option, provide Vendor notice that Buyer elects to: (a) reject, return or hold such items at Vendor's expense and risk; Buyer may charge to Vendor all expenses of inspecting, unpacking, examining, repacking, storing, and reshipping any such items so rejected and any payment made by Buyer for such Goods and/or Services shall be refunded by Vendor; or (b) direct Vendor to promptly correct such non-conformity or replace such items at Vendor's expense following notice of such non-conformity from Buyer. (B) If Vendor fails to so correct or replace within five (5) days of such notice, Buyer may, in addition to its rights and remedies hereunder and at law and equity: (i) cancel or terminate this Purchase Order as to all such Goods and/or Services by giving Vendor notice, and Buyer may, at its option: (a) cancel or terminate the then remaining balance of this Purchase Order by notice and as to all or any part of the Goods and/or Services; or (b) purchase substitutes for such items elsewhere and charge Vendor with any loss incurred; or (ii) reject, return or hold such Goods and/or Services at Vendor's expense and risk; Buyer may charge to Vendor all expenses of inspecting, unpacking, examining, repacking, storing and reshipping any such items so rejected and any payment made by Buyer for such Goods and/or Services shall be refunded by Vendor. Goods and/or Services rejected or not purchased by Buyer under any provision of this Purchase Order which uses or carries Buyer's name, tradename, trademark, service mark, local, symbol, insignia, decorative design or evidence of inspection shall have the same removed prior to any sale, use or other disposition.
Non-Conformities. Buyer will notify ARCO in writing of the exact ---------------- nature of any nonconformity in the type, quantity or price of any Product delivered to Buyer within thirty (30) calendar days after delivery. Buyer hereby waives any claim against ARCO based on any nonconformity of which Buyer does not so notify ARCO.
Non-Conformities. Upon delivery of the Products, Distributor shall inspect the Products and shall notify the Supplier promptly, and no later than ten (10) Business Days after the delivery date, by email or written communication delivered as provided herein, of any shortages or non-conformity of the delivered Products apparent from a visual inspection. Distributor shall include supporting evidence and documents reasonably acceptable to Supplier to support any such shortages or nonconformities. With respect to shortages or nonconformity discoverable by way of visual inspection, the Product shall be deemed to have been delivered in good saleable condition after expiry of said ten (10) Business Day period after the delivery date to Distributor. Upon request of Supplier, Distributor shall make available to Supplier samples of the Products which Distributor believes to be defective. In case of non-conformity to the Marketing Authorization(s) of any quantity of the Product delivered pursuant hereto, Supplier shall replace, at its expense, the quantities concerned within twenty (20) Business Days from receipt of the relevant notice and supporting documentation from Distributor.
Non-Conformities. The foregoing warranties shall not apply to defects or non-conformities:
Non-Conformities. (A) If any of the Goods and/or Services fail to comply with any term of this Purchase Order, including: (i) fails to meet any Specifications or Quality Standards; (ii) shipped contrary to instructions; (iii) in excess of the quantities herein provided (except for quantities of Goods in excess of those ordered constituting customary quantity variations common to the trade or industry); (iv) substituted for Goods and/or Services herein described; (v) not shipped in containers conforming to Specifications (or, in the absence of such Specifications, in recognized standard containers); or (vi) allegedly violating any statute, ordinance, or administrative order, rule or regulation, then Buyer may, at its option, provide Vendor notice that Buyer elects to:
Non-Conformities. 9.1.1 AISC may only issue certificates if all Halal requirements have been fulfilled following the audit (initial/re-assessment). In case of non-fulfillment, AISC will document the shortcomings, changed conditions and/or restraints in a nonconformity report provided to the client which must be complied with in order for a certificate to be issue.
Non-Conformities. If NUVELO believes a Batch of Drug Product does not conform to the Product Requirements, or if NUVELO believes that [ * ] that occurs after the relevant Project Plan was executed by the Parties (except [ * ] pursuant to this Section 6.1.2), caused the Drug Product to not meet [ * ] that were [ * ] (any such failure(s) or change(s) referred to individually as a “Non-conformity,” a Batch Produced with a Non-Conformity referred to as “Non-conforming”), NUVELO shall notify BPS in a writing setting forth a detailed description of why the Batch of Drug Product is Non-conforming and provide such written documentation to BPS via overnight courier delivery. Upon receipt of such notice, BPS will investigate such alleged Non-conformity, and: (i) if BPS agrees such Drug Product is Non-conforming, deliver to NUVELO a detailed corrective action plan with an estimated timeline for such corrections within [ * ] days after receipt of NUVELO’s written notice of Non-conformity, or such additional time as is reasonably required if such investigation or plan requires data from sources other than NUVELO or BPS, but in no case longer than the time established in Section 6.2 or (ii) if BPS disagrees with NUVELO’s determination that the Batch of Drug Product is Non-conforming, BPS shall so notify NUVELO of the dispute in writing [ * ] Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities and Exchange Act of 1934, as amended. within [ * ] days after receipt of NUVELO’s notice of Non-conformity (any such dispute, and any dispute regarding the cause, or causes, of a Non-Conformity, referred to as a “Batch Dispute”). Notwithstanding any other language in this Article, NUVELO is [ * ] and approved [ * ]; and BPS is not responsible for [ * ], so long as: (a) [ * ]; (b) [ * ] and (c) [ * ], NUVELO has [ * ]. If BPS [ * ] NUVELO [ * ], BPS shall have [ * ] days from receipt thereof to notify NUVELO in writing or Electronically that BPS [ * ] or will [ * ]. If NUVELO does not receive [ * ] from BPS before the expiration of [ * ] days after [ * ], NUVELO may, in its discretion, no later than [ * ] days after [ * ], send BPS a notice of termination of the Agreement in accordance with Section 4.2.2.2, which termination shall become effective [ * ] days after receipt of the notice of termination by BPS. Once BPS receives [ * ], BPS shall not [ * ...
Non-Conformities. QIAGEN hereby warrants that at the time of receipt by ArcherDX, the Product shall conform to the Specifications. In case of non-conformity of the Products with the Specifications, ArcherDX shall only be entitled to require replacement of the non-conforming goods or full delivery (as the case may be). Otherwise no other liability for any defects than complete delivery shall be applicable.
Non-Conformities. 8.1 framsyn will provide the services with due diligence and through qualified personnel and will make efforts to comply with agreed deadlines. Each Party shall notify the respective other Party if it becomes aware of circumstances which may endanger compliance with agreed deadlines.
Non-Conformities. Upon delivery of the Products, Licensee shall inspect the Products and shall notify the Manufacturer forthwith and no later than twenty five (25) Business Days after the delivery date, by e-mail or written communication delivered as provided herein below, of any damage or of any shortages or non-conformity of the delivered Products apparent from a visual inspection. Supporting evidence and documents shall be included, as reasonably deemed necessary by Licensee or reasonably required by the Manufacturer. Upon request of Manufacturer, Licensee shall make available to the Manufacturer samples of the Products which are declared as defective. In case of non conformity to the Marketing Authorization(s) of any quantity of the Product delivered pursuant hereto, Manufacturer shall take back, at its expense, the quantities concerned and shall replace them within twenty (20) Business Days from receipt of the relevant notice by Licensee. With respect to damages, shortages or nonconformity discoverable by way of visual inspection, the Product shall be deemed to have been delivered in good saleable condition after expiry of said twenty five (25) Business Days period after the delivery date to Licensee. _______________ * Confidential material redacted and separately filed with the Commission. Any dispute between the Parties regarding specifications of the Product delivered hereunder shall be referred, in the case of Mexico, in first instance to a mutually acceptable third party expert authorized by COFEPRIS, if no agreement is reached between the Parties with respect to such appointment, then such dispute shall be referred to Lambda Científica, S.A. de C.V. or Laboratorios Bxxxx X.X. de C.V., such dispute to be handled by the entity providing a lower quotation for their services, within thirty (30) days from the receipt by the Manufacturer of the notice of claim of Licensee. The opinion of such expert shall be definitive and binding upon the Parties. The cost of such independent advice shall be borne by the Party losing the specific dispute as per the binding decision of the expert. The Manufacturer shall not replace defective Product delivered to Licensee or returned to Licensee by the customers, patients, or authorities, without the prior written request of Licensee.
