Non-Conformities Sample Clauses

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. (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.

Non-Conformities. Upon delivery of the Products, Distributor shall inspect the Products and shall notify the Supplier promptly, and no later than fifteen (15) 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 fifteen (15) 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. (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. Colgate-Palmolive, Co.

Non-Conformities. The foregoing warranties shall not apply to defects or non-conformities: (a) resulting from software, hardware or interfacing not supplied by K12, its Affiliates or authorized contractors; (b) resulting from inadequate or improper maintenance, modification or usage by the School, its employees or Students; or (c) where there has been improper site preparation or site environment by the School, its employees or Students. In addition, the foregoing warranty shall not apply to requirements not expressly included in this Agreement.

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. 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. 8.2 Unless expressly otherwise agreed in the Contract, deliverables shall not require formal acceptance. Deliverables shall, in any event, be deemed accepted (and the Customer shall be deemed to have waived any remedies in respect of any non-conformities identifiable upon proper inspection) if Customer has failed to inspect deliverables and notify framsyn of any such non-conformity promptly after receipt of such deliverable. Any such notice shall not be considered prompt if it is received more than 14 days after delivery of the deliverable. 8.3 framsyn reserves the right to two attempts to remedy any non-conformity before the Customer may refuse to accept the respective deliverable, provided that both attempts can be made within a reasonable grace period. 8.4 Any remedies for non-conformities, including but not limited to the right to withdraw from the Contract, shall become time-barred, at the latest upon expiry of a limitation period of 12 months from the date of original delivery of the deliverable. 8.5 The foregoing limitation period shall also apply to claims for indemnification or damages, in particular incidental or consequential damages, caused by a nonconformity, provided that this shall not apply to remedies based on fraudulent concealment of defects; gross negligence; willful misconduct; death of a natural person or personal injury to the latter, caused by negligence or willful misconduct; and/or guarantees of properties. The statutory right of recourse shall exclusively be subject to the applicable statutory limitation periods.

Non-Conformities. In the event a non-conformity to EU MDR, IVDR is identified during the checks performed, CONTRACT ACCEPTOR shall immediately and no later than 1 (one) business day after the checks, inform in writing the CONTRACT GIVER. The completed Device checking form must be sent to CONTRACT GIVER with a description of the identified non- conformity. CONTRACT ACCEPTOR shall quarantine the non-conforming Devices until receiving written communication from the CONTRACT GIVER that the Device can be made available to the market. CONTRACT GIVER shall communicate any further necessary actions to the CONTRACT ACCEPTOR for non- conforming devices. In case CONTRACT GIVER is informed of a non-conformity to EU MDR/IVDR, CONTRACT GIVER shall inform in writing CONTRACT ACCEPTOR and provide its instruction for further handling of the concerned Device.

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. A. If any of the Goods and/or Services fail to comply with any term of this Purchase Order, including: (i) the Goods and/or Services fail to meet any Specifications or Quality Standards; (ii) Goods are shipped contrary to instructions; (iii) Goods are shipped 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) goods and/or services are substituted for the Goods and/or Services herein described; (v) Goods are not shipped in containers conforming to Specifications (or, in the absence of such Specifications, in recognized standard containers); or (vi) the Goods and/or Services allegedly violate any Applicable Laws, then Buyer may, at its option, provide Seller with notice that Buyer elects to: (a) reject and return such items, or hold such items, at Seller’s expense and risk; or (b) direct Seller to promptly correct such non-conformity or replace such items at Seller’s expense following notice of such non-conformity from Buyer. Buyer may charge to Seller all expenses of inspecting, unpacking, examining, repacking, storing, and reshipping any rejected items and any payment made by Buyer for such rejected Goods and/or Services shall be refunded by Seller. B. If Buyer directs Seller to promptly correct such non-conformity or replace such items, and Seller fails to so correct or replace within five (5) days of Buyer's notice, then Buyer may, in addition to its rights and remedies hereunder and those available at law and equity: (i) cancel or terminate this Purchase Order as to all such Goods and/or Services by giving Seller notice; or (ii) purchase substitutes for such items elsewhere and charge Seller with any loss incurred; or (iii) reject and return such corrected or replacement items, or hold such items, at Seller’s expense and risk. In addition, Xxxxx may charge to Seller all expenses of inspecting, unpacking, examining, repacking, storing and reshipping any corrected or replacement items so rejected and any payment made by Buyer for such Goods and/or Services shall be refunded by Seller. Goods and/or Services which use or carry Buyer's name, trade name, trademark, service mark, symbol, insignia or other indicia of source, any decorative design or evidence of inspection and which are rejected or not purchased by Buyer under any provision of this Purchase Order shall have the same removed prior to any sale, use or other disposit...