Phyto-S Product and Reducol Acceptance, Rejection and Revocation Sample Clauses

Phyto-S Product and Reducol Acceptance, Rejection and Revocation. In respect of each delivery lot, Phyto-Source shall provide Forbes with a Certificate of Analysis demonstrating compliance with the Phyto-S Specifications and/or the Reducol Specifications in such form as provided by Forbes to Phyto-Source. The current form of Certificate of Analysis is attached hereto as Exhibit F. The parties may agree to amend the form of Certificate of Analysis for use under this Agreement. Upon the written request of Forbes, Phyto-Source shall supply a pre-shipment sample of any delivery lot in order to conduct its own investigations concerning the composition, quality and other aspects of Phyto-S Product and/or Reducol sold. Lot retain samples shall be retained in accordance with the sample retention requirements set out in Exhibit A and Exhibit B. Quality compliance will be based on analytical testing of the samples at the Phyto-Source laboratory or at a third party laboratory selected by Phyto-Source. Forbes may utilize their own laboratory or third party laboratory to verify quality. Save as set forth in Section 7(c) Phyto-S Product and/or Reducol delivered by Phyto-Source to Forbes shall be deemed to have been accepted and Forbes’ right to reject non-conforming goods shall expire *****(term omitted) after actual receipt of a shipment by Forbes. If Forbes rejects any Phyto-S Product and/or Reducol delivered under this Agreement, or attempts to do so, Forbes must notify Phyto-Source in writing, specifying all claimed nonconformities to a reasonable extent. The failure to specify material nonconformity shall constitute a waiver of that nonconformity for purposes of acceptance. After Phyto-Source receives notice of a claim, Forbes shall cooperate with Phyto-Source in determining whether the claim is justified. Phyto-Source shall notify Forbes as soon as reasonably possible, but not later than *****(term omitted) after receipt of the claim from Forbes, whether it accepts, rejects, or needs to further investigate Forbes’ claim. Forbes’ claim shall be deemed to be accepted if the required notice is not given by Phyto-Source to Forbes within the said period of time possible further investigations shall be executed without any delay and only as necessary with respect to the claim. If the Reducol does not meet at any time the specification set forth in Exhibit B (as may be amended), either as determined by Phyto-Source’s testing or as determined by Forbes in its own independent test of the Reducol, then Forbes may either (1) request that t...
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