Common use of Nonconforming Products Clause in Contracts

Nonconforming Products. The total costs (including, without limitation, raw materials, packaging supplies, packing charges, proper disposal costs, product returns and recall costs) relating to the Products that do not comply with the Specifications, the Supplier Warranties or any other provision of this Agreement shall be the responsibility of Supplier. For purposes of clarification, if a Product is subject to a recall, the “total costs” of such recall would include, without limitation, all costs related to all Product units that are recalled (regardless of whether such units were conforming or non-conforming). If SCRIPSAMERICA believes that any Products do not comply with the Specifications, Supplier Warranties or any provisions of this Agreement, SCRIPSAMERICA shall notify Supplier of such nonconformance and, upon Supplier’s request, provide written details and deliver a sample of such nonconforming Products to Supplier. Supplier shall promptly notify SCRIPSAMERICA (and in any event within seven (7) calendar days) whether Supplier agrees that such Products are not in compliance. Supplier shall have the right to rework or dispose of nonconforming Products only with the written consent of SCRIPSAMERICA, which consent shall not be unreasonably withheld. Supplier shall replace any such nonconforming Products with conforming Products at Supplier’s expense within thirty (30) days after receipt of SCRIPSAMERICA's notice of nonconformity. Supplier shall be required to secure, deploy, and pay for all of the labor, materials and other resources (including, but not limited to, legal and regulatory advisors) necessary to address any Products that do not comply with the Specifications, the Supplier Warranties or any other provision of this Agreement, and SCRIPSAMERICA shall not be required to provide or make available to Supplier any labor, materials or other resources for any such purposes. If SCRIPSAMERICA and Supplier are unable to agree as to whether certain Products comply with the Specifications or the Supplier Warranties, the parties shall cooperate to have the Products in dispute analyzed by an independent testing laboratory of recognized repute selected by SCRIPSAMERICA and approved by Supplier, which approval shall not be unreasonably withheld or delayed. The results of such laboratory testing shall be final and controlling. The fees and expenses of such laboratory testing shall be borne entirely by the party against whom such laboratory’s findings are made.

Nonconforming Products. The total costs (including, without limitation, raw materials, packaging supplies, packing charges, proper disposal costs, product returns and recall costs) relating to the Products that do not comply with the Specifications, the Supplier Warranties or any other provision of this Agreement shall be the responsibility of Supplier. For purposes of clarification, if a Product is subject to a recall, the “"total costs” " of such recall would include, without limitation, all costs related to all Product units that are recalled (regardless of whether such units were conforming or non-conforming). If SCRIPSAMERICA Zicam believes that any Products do not comply with the Specifications, Supplier Warranties or any provisions of this Agreement, SCRIPSAMERICA Zicam shall notify Supplier of such nonconformance and, upon Supplier’s 's request, provide written details and deliver a sample of such nonconforming Products to Supplier. Supplier shall promptly notify SCRIPSAMERICA Zicam (and in any event within seven (7) calendar days) whether Supplier agrees that such Products are not in compliance. Supplier shall have the right to rework or dispose of nonconforming Products only with the written consent of SCRIPSAMERICAZicam, which consent shall not be unreasonably withheld. Supplier shall replace any such nonconforming Products with conforming Products at Supplier’s 's expense within thirty (30) days after receipt of SCRIPSAMERICAZicam's notice of nonconformity. Supplier shall be required to secure, deploy, and pay for all of the labor, materials and other resources (including, but not limited to, legal and regulatory advisors) necessary to address any Products that do not comply with the Specifications, the Supplier Warranties or any other provision of this Agreement, and SCRIPSAMERICA Zicam shall not be required to provide or make available to Supplier any labor, materials or other resources for any such purposes. If SCRIPSAMERICA Zicam and Supplier are unable to agree as to whether certain Products comply with the Specifications or the Supplier Warranties, the parties shall cooperate to have the Products in dispute analyzed by an independent testing laboratory of recognized repute selected by SCRIPSAMERICA Zicam and approved by Supplier, which approval shall not be unreasonably withheld or delayed. The results of such laboratory testing shall be final and controlling. The fees and expenses of such laboratory testing shall be borne entirely by the party against whom such laboratory’s 's findings are made.

Nonconforming Products. The total costs (including, without limitation, raw materials, packaging supplies, packing charges, proper disposal costs, product returns and recall costs) relating to the Products that do not comply with the Specifications, the Supplier Warranties or any other provision of this Agreement shall be the responsibility of Supplier. For purposes of clarification, if a Product is subject to a recall, the “"total costs” " of such recall would include, without limitation, all costs related to all Product units that are recalled (regardless of whether such units were conforming or non-conforming). If SCRIPSAMERICA ____ believes that any Products do not comply with the Specifications, Supplier Warranties or any provisions of this Agreement, SCRIPSAMERICA _______ shall notify Supplier of such nonconformance and, upon Supplier’s 's request, provide written details and deliver a sample of such nonconforming Products to Supplier. Supplier shall promptly notify SCRIPSAMERICA _______ (and in any event within seven (7) calendar days) whether Supplier agrees that such Products are not in compliance. Supplier shall have the right to rework or dispose of nonconforming Products only with the written consent of SCRIPSAMERICA________, which consent shall not be unreasonably withheld. Supplier shall replace any such nonconforming Products with conforming Products at Supplier’s 's expense within thirty (30) days after receipt of SCRIPSAMERICA's _______ notice of nonconformity. Supplier shall be required to secure, deploy, and pay for all of the labor, materials and other resources (including, but not limited to, legal and regulatory advisors) necessary to address any Products that do not comply with the Specifications, the Supplier Warranties or any other provision of this Agreement, and SCRIPSAMERICA _______ shall not be required to provide or make available to Supplier any labor, materials or other resources for any such purposes. If SCRIPSAMERICA _______ and Supplier are unable to agree as to whether certain Products comply with the Specifications or the Supplier Warranties, the parties shall cooperate to have the Products in dispute analyzed by an independent testing laboratory of recognized repute selected by SCRIPSAMERICA _______ and approved by Supplier, which approval shall not be unreasonably withheld or delayed. The results of such laboratory testing shall be final and controlling. The fees and expenses of such laboratory testing shall be borne entirely by the party against whom such laboratory’s 's findings are made.