Notification of Defective Product Sample Clauses

Notification of Defective Product. OptiNose or its designee shall notify Ximedica within: · [***] business days after receiving a shipment of LDSAs if it determines that such shipment contains a Quantitative Defect, · [***] business days after receiving a shipment of LDSAs if it determines that such shipment contains a Patent Defect, and · [***] business days after OptiNose becomes aware of a Latent Defect. OptiNose shall provide Ximedica a sample of what it alleges contains a Latent or Patent Defect, subject to compliance with the foregoing notice requirements and the provisions of Section 4.02, below.
AutoNDA by SimpleDocs
Notification of Defective Product. OptiNose or its designee shall notify CPL within: · [***] ([***]) calendar days after receiving a shipment of Product at OptiNose’s warehouse if it determines that such shipment contains a Quantitative Defect, · [***] ([***]) calendar days after receiving a shipment of Product at OptiNose’s warehouse if it determines that such shipment contains a Patent Defect, and · [***] ([***]) calendar days after OptiNose becomes aware of a Latent Defect. OptiNose shall provide CPL a sample of what it alleges contains a Latent Defect or Patent Defect. Subject to compliance with the foregoing notice requirements and the provisions of [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Notification of Defective Product. Mikah shall notify Epic within sixty (60) days after receiving the Product if Mikah has determined that such shipment contains a quantitative defect such that Epic has delivered a quantity of Product that is less than the quantity stated in any invoice or bxxx of landing. Epic shall, at its own cost and expense, supply Mikah with any missing quantities of Product as soon as practical after receipt of such Notice (as defined herein). Notice of Patent Defect shall be provided by Mikah to Epic within sixty (60) days of inspection of Product in such shipment Mikah shall provide Epic a sample of such Defective Product Notice of a Latent Defect shall be provided within thirty (30) days after Mikah notices the Latent Defect.
Notification of Defective Product. Mikah shall notify Elite within sixty (60) days after receiving the Product if Mikah has determined that such shipment contains a quantitative defect such that Elite has delivered a quantity of Product that is less than the quantity stated in any invoice or xxxx of landing. Elite shall, at its own cost and expense, supply Mikah with any missing quantities of Product as soon as practical after receipt of such Notice (as defined herein). Notice of Patent Defect shall be provided by Mikah to Elite within sixty (60) days of inspection of Product in such shipment. Mikah shall provide Elite a sample of such Defective Product. Notice of a Latent Defect shall be provided within thirty (30) days after Mikah notices the Latent Defect.
Notification of Defective Product. Section 4.01 shall be deleted in its entirety and replaced with: “OptiNose or its designee shall notify VTM within: • Thirty (30) days after receiving a shipment of DSAs if it determines that such shipment contains a Quantitative Defect, • Thirty (30) days after receiving a shipment of DSAs if it determines that such shipment contains a Patent Defect, and • Thirty (30) days after XxxxXxxx becomes aware of a Latent Defect. OptiNose or its designee shall provide VTM a sample of what it alleges contains a Latent or Patent Defect, subject to Compliance with the foregoing notice requirements and the provisions of Section 4.02, below.” 9. Section 14.01
Notification of Defective Product. OptiNose or its designee shall notify VTM within: ◦ [***] days after receiving a shipment of DSAs if it determines that such shipment contains a Quantitative Defect, ◦ [***] days after receiving a shipment of DSAs if it determines that such shipment contains a Patent Defect, and ◦ [***] days after OptiNose becomes aware of a Latent Defect. OptiNose or its designee shall provide VTM a sample of what it alleges contains a Latent or Patent Defect, subject to compliance with the foregoing notice requirements and the provisions of Section 4.02, below.
Notification of Defective Product a. The Buyer must inspect the Goods on delivery. If there is any suspected defect, the Buyer must notify Geofabrics in writing within 7 working days of the details of the suspected defect. The Buyer should detail in writing the amount of the Goods affected by the suspected defect and the type of suspected defect.
AutoNDA by SimpleDocs
Notification of Defective Product. DRL shall notify Mikah within thirty (30) days after receiving the Product at DRL if DRL has determined that such shipment contains Defective Product. Mikah shall, at its own cost and expense, supply DRL with any missing quantities of Product as soon as reasonably possible after receipt of such notice. Notice of any Patent Defect shall be provided by DRL to Mikah within thirty (30) days of inspection of Product in such shipment. Notice of a Latent Defect shall be provided within thirty (30) days of DRL becoming aware of the Latent Defect. DRL shall provide Mikah a sample of such Latent or Patent Defective Product. Subject to the foregoing, DRL shall have the right to reject any batch of Defective Product prior to the expiry of such batch of Product. A Product that is not rejected within the applicable period of time shall be deemed accepted by DRL.
Notification of Defective Product. 1.1.1 OptiNose or its designee shall notify Hikma within: (a) [***] days after taking Delivery of Product if it determines that such shipment contains a Quantitative Defect, (b) [***] days after taking Delivery of Product if it determines that such shipment contains a Patent Defect, and (c) [***] days after XxxxXxxx becomes aware of a Latent Defect. 5.1.2 OptiNose shall provide Hikma a sample of what it alleges contains a Latent Defect or Patent Defect. Subject to compliance with the foregoing notice requirements and the provisions of Section 5.2, below, OptiNose shall have the right to reject any batch of Product having a Patent Defect or Latent Defect, provided that (other than with respect to an indemnity obligation under Section 9), in the case of any Latent Defect, notice of the defect by OptiNose must also be made prior to [***]. Any Product that is not rejected within the applicable period indicated in Section 5.1.1 above shall be deemed accepted by OptiNose; provided that OptiNose shall accept that portion of a batch that it receives with respect to a batch that has a Quantitative Defect (with the terms of Section 2.9 and 2.10 still applying to the full Purchase Order), while awaiting Hikma’s Delivery of the remaining portion of such batch.

Related to Notification of Defective Product

  • Defective Product If Client rejects Products under Section 6.1 and the deviation is determined to have arisen from Patheon’s failure to provide the Manufacturing Services in accordance with the Specifications, cGMPs, or Applicable Laws, Patheon will credit Client’s account for Patheon’s invoice price for the defective Products. If Client previously paid for the defective Products, Patheon will promptly, at Client’s election, either: (i) refund the invoice price for the defective Products; (ii) offset the amount paid against other amounts due to Patheon hereunder; or (iii) replace the Products with conforming Products without Client being liable for payment therefor under Section 3.1, contingent upon the receipt from Client of all Active Materials and Client-Supplied Components required for the manufacture of the replacement Products. For greater certainty, Patheon’s responsibility for any loss of Active Materials in defective Product will be captured and calculated in the Active Materials Yield under Section 2.2.

  • Defective Products A defective product may be returned to PRECISIONARY INSTRUMENTS within thirty (30) days of the delivery date for a refund of the original purchase price with the following amendments/fees. To return a defective product, please contact our Customer Service Department and follow the Return of Products Instructions below.

  • Correction of Defects 35.1 The Engineer shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at Completion and is defined in the Contract Data. The Defects Liability Period shall be extended for as long as Defects remain to be corrected. 35.2 Every time notice of a Defect is given, the Contractor shall correct the notified Defect within the length of time specified by the Engineer’s notice.

  • Product Warranty Seller provides general warranties of fitness and general warranties that the goods are free from defects, for 1 year from acceptance of the goods, except as may otherwise be set forth in the Description/Proposal, or other attached warranty.

  • Limited Product Warranty Repair or Replacement within 12 years

  • Notice of Defects If, based on Consulting Engineer/Architect's involvement during the construction phase, Consulting Engineer/Architect observes or otherwise becomes aware of any defect in the work, he shall give prompt written notice to City of such defects and their approximate location on the Project. However, Consulting Engineer/Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions, inspections and programs in connection with the work, since these are solely the contractor's responsibility under the contract for construction. Consulting Engineer/Architect shall not be responsible for the contractor's schedules or failure to carry out the work in accordance with the Contract Documents. Consulting Engineer/Architect shall not have control over or charge of acts or omissions of the contractor, contractor's subcontractors, or their agents or employees.

  • Non-Conforming Product (a) In the event Patheon discovers a potential Non-Conforming Product prior to delivery of such Product to Flexion, Patheon shall provide written notice to Flexion as soon as practicable describing in detail the Non-Conforming Product and the potential cause of such Non-Conforming Product. Flexion (or its shipping carrier) will perform a customary inspection of the Products Manufactured by Patheon on receipt. For the avoidance of doubt, such inspection will be limited to a visual inspection of the shipment-ready packaged Products (and associated shipping documentation) and Flexion will not be obliged to perform any testing of the Product. Flexion shall within (i) […***…] days after delivery thereof by Patheon or (ii) within […***…] days after Flexion discovers or is informed of a discovery of nonconformity that could not reasonably have been detected by the customary inspection on delivery (but not after the expiration date of the Product), give Patheon notice of any Non-Conforming Product (including a sample of such Non-Conforming Product, if applicable) (a “Deficiency Notice”). Subject to Flexion’s rights under 3.10 and 3.12, should Flexion fail to give Patheon the Deficiency Notice within the applicable […***…] day period, then the delivery will be deemed to have been accepted by Flexion on the […***…] day after delivery or discovery, as applicable. Patheon shall have no liability under this Section 2.8 for Nonconforming Product for which it has not received a Deficiency Notice within such applicable […***…] day period. (b) Patheon shall conduct a root-cause analysis to verify whether a Product constitutes a Non-Conforming Product and, if found, to determine the cause of such Non-Conforming Product (including by undertaking an appropriate evaluation of a Non-Conforming Product sample, as applicable). Flexion shall provide reasonable cooperation to Patheon in connection with any such root-cause analysis. Patheon shall notify Flexion in writing of its determination regarding whether the Product constitutes a Non-Conforming Product within […***…] days after either discovery of the Non-Conforming Product or receipt of such Deficiency Notice from Flexion, as applicable. Such notification shall include Patheon’s good faith determination of the cause of the Non-Conforming Product.

  • ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK 13.3.1 The State may accept defective or nonconforming Work pursuant to Paragraph 13.2.1

  • Manufacturer’s Warranty The Goods include the manufacturer’s standard limited parts warranty to replace defective parts covered under such warranty exclusive of labor. Labor is warranted by the Elevator Contractor for 90 days following installation. The manufacturer’s parts warranty may require that the Goods be maintained throughout the warranty period by an authorized manufacturer’s representative under a separate maintenance contract. Any warranty is conditioned on written notice to the Elevator Contractor within warranty period and contingent upon receipt of final payment to Elevator Contractor.

  • Inspection and Rejection of Nonconforming Goods The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!