Nonconforming Product. If within five (5) days after arrival at customer, Product is found to be out of specification by Gavilon or by an independent laboratory using industry approved analysis and sampling methods (“Nonconforming Product”), such condition will be promptly communicated to Producer. Gavilon will provide a copy of the certified laboratory report(s) * Portion omitted pursuant to request for confidential treatment filed separately with the Securities and Exchange Commission. evidencing the Nonconforming Product along with available chain of custody documentation. Producer may, within the succeeding five (5) days of receipt of such notice, take steps to refute or verify such nonconformance, including by obtaining an independent certified lab test and by observing conditions at the customer’s site that may impact test results including chain of custody of sample. All disputes regarding nonconforming product shall be settled pursuant to NGFA rules. Upon verification of such nonconformance, Producer will then direct Gavilon to either (i) sell the Nonconforming Product at a discounted price, or (ii) return the Nonconforming Product to Producer. If such Nonconforming Product is not discountable, Producer may replace the Nonconforming Product with an acceptable type and/or quality of Product within five (5) days of receipt of written notice that the delivered Product is nonconforming and that such nonconformance has been confirmed. In the event Producer cannot replace the Nonconforming Product within the five (5) day period, Gavilon shall have the option to return the Nonconforming Product, withhold payment therefor and purchase replacement Product. Producer will be responsible for all direct costs of replacing or disposing of any Nonconforming Product, including any costs reasonably incurred by Gavilon as a result of the Nonconforming Product and/or any unreasonable delay by Producer in obtaining conforming Product. Such costs may include, without limitation, reasonably incurred storage costs or costs reasonably incurred by Gavilon to return such Nonconforming Product to Producer. If such Nonconforming Product is sold by Gavilon at a discount, the Price payable by Gavilon will be calculated in the normal manner.
Nonconforming Product a. The Seller shall not use dispositions of Use-As-Is or Repair except as outlined below if-
i. The product is produced to Battelle design, or
ii. The nonconformity results in a departure from the contract requirements.
b. For unshipped product, The SELLER and sub-tier suppliers are delegated authority to disposition minor nonconformance issues provided the disposition of that material or product ensures that it is re-worked to full conformance with the original requirements. Any major nonconformance to a drawing or specification requirement must be submitted to Battelle’s Quality Organization for Buyer material review and disposition. Copies of all Material Review actions processed as Use-As-Is or Repair for a given unit shall be provided with the Acceptance Test report and/or final documentation of the product. Shipment of nonconforming material or product is not allowed until Battelle and Seller material review actions have been completed and written approval has been provided by Battelle.
c. Acceptance of any non-conforming Work shall not bind Battelle to accept future shipments of non- conforming Work, nor deprive it of the right to return non-conforming Work already accepted. Non- conforming work, if rejected, may be returned to Seller at Seller’s expense for transportation both ways, and no substitution or replacement shall be made unless authorized by Buyer.
d. For shipped product, Seller and sub-tier suppliers are required to notify Battelle immediately on all known nonconforming product which has already shipped to Battelle and/or Battelle’s customers. Notification shall be in writing and shall include a clear description of the nonconformity, parts affected, customer and/or Seller part numbers, quantity, and date(s) delivered.
Nonconforming Product. In the event Supplier obtains goods, items or materials (for purposes of this paragraph, “Product”), which are not in conformity with Buyer’s specifications, drawings, other requirements of Buyer or Supplier’s warranties hereunder, which Products are to be provided by Supplier pursuant to this Order, Supplier shall immediately notify Buyer, in writing, identifying the Products, together with the subject matter of the nonconformity. Buyer ,in its sole and exclusive discretion, may determine, on a case-by-case basis, that Supplier may use or deliver to Buyer the nonconforming Product; provided however, that such determination by Buyer shall not constitute a waiver of any obligations, warranties or liabilities of Supplier as provided in this Order, except with respect to the specific portion of the Product which is the subject of Supplier’s written disclosure to Buyer and Buyer’s subsequent written consent to use or deliver such nonconforming Product.
Nonconforming Product. If any three (3) consecutive shipments contain nonconforming Product and BTC (1) fails to replace any nonconforming Product with conforming Product in a timely manner or (2) fails to replace nonconforming Product within fifteen (15) Business Days after a dispute regarding whether any rejected quantity of any Product constitutes nonconforming Product is decided in Auxilium’s favor, then Auxilium may exercise its Standby Rights by providing written notice.
Nonconforming Product. Rejected assemblies will be verified by Compaq MRB team. If verified as defective, the material/lot will be disposition as RTV, UAI, Scrap or Rework. Supplier Corrective Action will be initiated for each unit defect (Section 6.6).
Nonconforming Product a. The Seller shall not use dispositions of Use-As-Is or Repair except as outlined below if-
i. The product is produced to Battelle design, or
ii. The nonconformity results in a departure from the contract requirements.
b. For unshipped product, The SELLER and sub-tier suppliers are delegated authority to disposition minor nonconformance issues provided the disposition of that material or product ensures that it is re-worked to full conformance with the original requirements. Any major nonconformance to a drawing or specification requirement must be submitted to Battelle’s Quality Organization for Buyer material review and disposition. Copies of all Material Review actions processed as Use-As-Is or Repair for a given unit shall be provided with the Acceptance Test report and/or final documentation of the product. Shipment of nonconforming material or product is not allowed until Battelle and Seller material review actions have been completed and written approval has been provided by Battelle.
Nonconforming Product. The Supplier is responsible for establishing controls to ensure that products / services not conforming to the purchase order are identified, segregated, dispositioned, and controlled to prevent inadvertent use. All costs associated with non-conforming material (including freight, handling, material replacement, inspection costs, rework, etc.) may be charged back to Supplier. Supplier authorization to return nonconforming product is required within 24 hours of notification. In the event that Supplier identifies a nonconformance with products or material, Supplier shall notify Buyer. Supplier must quarantine and contain suspect lot(s) and withhold shipment of these lot(s) until authorized by Xxxxx’s quality representative. Supplier is responsible to address containment of the nonconforming product in transit and at Supplier’s facility. If suspect product has been shipped, Supplier must notify Buyer’s Quality and Purchasing representative within 24 hours and provide complete traceability information for known or suspect nonconforming product shipped, including but not limited to batch/lot number, purchase order, part identification, and dates of shipment.
Nonconforming Product. Buyer will have the right at any time during the thirty (30) day period following delivery of any Product to reject any Product which has not been manufactured, packaged or shipped in compliance with the Product Standards or which is otherwise not in compliance with the terms and conditions of this Agreement as of the time of delivery (“Nonconforming Product”). Notwithstanding the foregoing, there will be no time limit for the discovery of material latent defects. Any Nonconforming Product determined by Buyer that cannot be reconditioned or salvaged will be disposed of by Manufacturer at Manufacturer’s cost and expense in accordance with the terms hereof and in a manner which will preclude re-use for human consumption. If Buyer has paid Manufacturer for Products which are rejected by Buyer as Nonconforming Product as permitted under this Section 11(c), Buyer will promptly invoice Manufacturer for the cost of such Nonconforming Product supplied by Manufacturer hereunder and also for any freight, handling and other reasonable disposition costs or expenses incurred by Buyer in connection with such Nonconforming Product, and Manufacturer will, at Manufacturer’s election, either pay Buyer or give Xxxxx a credit in the sum of such invoice amount within thirty (30) days of the date of such invoice. Manufacturer will notify Buyer promptly by telephone upon becoming aware of any Nonconforming Product contained with any Product delivered to Buyer.
Nonconforming Product. Should, at any time during the Term, either Party become aware that any Product Tendered by Customer into the Mentor System does not meet any of the applicable quality specifications in Section 1.1(a) of the Operating Terms (as revised in accordance with Section 1.1(b) of the Operating Terms) when Tendered at the Receipt Points, such Party shall immediately notify the other Party of such failure and nonconforming Customer Product, and, if known, the extent of the deviation from such specifications. Upon any such notification, Customer shall determine the expected duration of such failure and notify Provider of the efforts Customer is undertaking to remedy such deficiency.
Nonconforming Product. In the event the Product is determined to be Nonconforming Product (whether by agreement of XXXX pursuant to Section 4.1 or by an independent expert pursuant to Section 4.2), all such Nonconforming Product shall be either returned to XXXX or destroyed, at XXXX’x option; notwithstanding, CLIENT may retain a limited amount of Nonconforming Product for archival purposes and for comparability testing. Additionally, XXXX shall re-perform its Services to replace such Nonconforming Product at its own cost and expense and shall use commercially reasonable efforts to replace such Nonconforming Product in a reasonable time given any contractually obligated capacity constraints but in no case less than […***…] from the date that the Bulk Drug Substance is determined to be nonconforming. CLIENT shall be responsible for all costs and expenses for all materials (including without limitation, CLIENT MATERIALS) and Process Consumables utilized in replacement of Nonconforming Product except where it is determined that the failure of the nonconformance product is determined to be due to XXXX’x negligence, in which case XXXX shall be responsible for all costs and expenses including materials and process consumables.
