Common use of Nonconforming Product Clause in Contracts

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.