Product Quality. Butadiene, (hereinafter referred to as “Product”) supplied and maintained on consignment at Belpre in accordance with Article 6, and will be in accordance with specifications set forth in Exhibit A. Seller will facsimile to the Buyer prior to each shipment a Certificate of Analysis (COA). Seller will provide Buyer six (6) months advanced notification if there is a change in the manufacturing process that will affect the material specifications of Product provided to the Buyer. Product produced by Seller in different plants is viewed as coming from different supply sources and requires separate qualification. Product to be shipped for the Seller from third parties must be from a third party qualified by the Buyer based on Buyer’s criteria as specified in Exhibit D. Each such shipment requires Buyer’s separate qualification prior to shipment. Seller must obtain approval prior to shipment of any material that does not meet Xxxxx’s specifications. In the event that Seller delivers Product failing to comply with the specifications set out in Exhibit A, Buyer will be entitled at its option to i) require Seller to replace such defective Product at a price not to exceed the invoice value or ii) to reimburse the invoice value of the defective Product. Seller will provide normal and customary technical support regarding material specification and material property issues e.g. technical support for popcorn polymer issues. If Buyer has cause to complain that the quality of Product delivered to it pursuant to the Contract does not comply with the specification set out in Exhibit A, Buyer will give written notice specifying the nature of its complaint and the parties will promptly meet so as to resolve that complaint. In absence of any agreement to resolve the complaint the parties will appoint at their joint cost a mutually acceptable independent surveyor to examine whether the quality of Product as delivered complied with the specifications set forth in Exhibit A. In the absence of any written notice from Buyer to Seller within 30 days after delivery of the Product, the Product shall be deemed to have been delivered and accepted by Buyer in a satisfactory condition and in all respects in accordance with the specifications and Seller shall have no liability to Buyer with respect to that delivery.
Product Quality a. Products must be delivered to Bottler in saleable condition, meeting all product and package quality standards established by TCCC, or the applicable licensor of any Permitted Beverage Product, as the case may be.
b. CCR will deliver all Products to Bottler’s Distribution Center with at least 45 days of shelf life remaining, except that, in the case of SKUs requiring more than 45 days of shelf life remaining because of customer requirements (e.g., Club Stores, ARTM, etc.), CCR will deliver such SKUs to Bottler’s Distribution Center with at least 12 days more than the customer-specific requirements.
c. Bottler may accept or reject any Product with less than 45 days of available shelf life remaining, in Bottler’s sole discretion, after discussion with CCR.
d. Products must have no material defects in material or workmanship when delivered to Bottler’s Distribution Center.
e. CCR will not deliver to Bottler’s Distribution Center(s) any Products that CCR knows to be subject to recall.
f. Product SKUs must be standing and undamaged when delivered by CCR to Bottler’s Distribution Center.
g. Product loads must be braced and dunnaged or wrapped when delivered to Bottler’s Distribution Center.
h. Delivery trailers containing Products must be sealed, with Product documentation, and must not have off odors, leaks, or contaminants.
Product Quality. 5.1 If the Customer wishes to return a Product, the VisionTrack customer returns policy will apply (please refer to the link in paragraph 2.2.1 above).
Product Quality. Chembio represents and warrants that:
(a) Each unit of HIV Product sold to Inverness hereunder shall be manufactured in accordance with and shall comply, at the time of delivery to Inverness, in all material respects with the applicable Specifications therefor, shall perform as intended in all material respects, and shall otherwise be free from defects in material and workmanship; and each unit of HIV Product sold to Inverness hereunder will not, at the time of delivery, be adulterated or misbranded within the meaning of the Act or within the meaning of any jurisdiction in which the definitions of misbranding and adulteration are substantially the same as in the Act, nor will any such unit of HIV Product, at the time of delivery to Inverness, be an article which may not, under the Act, be introduced into interstate commerce.
(b) In the event any unit(s) of HIV Product does not conform with a warranty set forth in Section 11.5(a) applicable thereto, Inverness or an Affiliate of Inverness may return such unit(s) of HIV Product within twenty (20 days of its receipt to Chembio and, in the event Inverness or an Affiliate of Inverness does so, Chembio, within thirty (30) days of its receipt of the return, shall either; (a) refund or credit Inverness’s account in an amount equal to the purchase price paid by Inverness for such unit(s) of non-conforming HIV Product, as the case may be, plus freight and insurance charges incurred by Inverness and/or its Affiliate incident to the original and return shipment, as documented by Inverness, or (b) replace, without charge, the non-conforming unit(s) of HIV Product, as the case may be, with an equivalent number of like unit(s) HIV Product, as the case may be, conforming with the applicable warranties set forth in Section 11.5(a) and refund or credit Inverness’s account in an amount equal to said original and return freight and insurance charges incurred as documented by Inverness. The cost of returned units and freight and insurance charges hereunder shall not be included in Costs.
Product Quality. 4.1 The following provisions shall apply to Product after Production:
(a) Supplier warrants Product under normal conditions and circumstances to remain suitable for resale and consumption for a period of up to one hundred eighty (180) days from the date of final Production. Supplier further warrants that when received by Crown from Supplier the appearance, color, alcohol content, carbonation level and taste profile of a Product (which for the avoidance of doubt will include the quality and structural integrity of the Container thereof) produced by a Designated Brewery will be consistent in all material respects with the appearance, color, alcohol content, carbonation level and taste profile of a Product (which for the avoidance of doubt will include the quality and structural integrity of the Container thereof) produced by such Designated Brewery and received by Crown from Supplier during the twenty-four (24) month period immediately prior to the date hereof.
(b) As used herein, “Extended Storage” means the elapsing of more than thirty (30) days between the date any Product sold under this Agreement reaches its first storage in the United States of America and the date such Product is received by a retailer or other direct purchaser from Crown. Crown acknowledges that it is Supplier’s policy to avoid Extended Storage. To the extent permitted by law Crown shall use commercially reasonable efforts to support said policy. Either party may, at its option and sole expense, at any time, cause X.X. Xxxxxx Sons’ Company, Inc. (or any other third-party investigator approved in writing by Supplier and Crown) to examine samples of any quantity of Product (and the corresponding Containers) sold under this Agreement and in the possession of Crown or any retailer or other purchaser for resale, and to advise Crown and Supplier in writing whether the Product so examined is suitable for resale and consumption (hereinafter called “saleable”). In the event such Product is so determined not to be saleable (hereinafter called “unsaleable”):
Product Quality. Borrower agrees to maintain the quality of any and all products in connection with which the Trademarks are used, consistent with commercially reasonable business practices. Upon the occurrence of an Event of Default, Borrower agrees that Lender, or a conservator appointed by Lender, shall have the right to establish such additional product quality controls as Lender, or said conservator, in its reasonable judgment, may deem necessary to assure maintenance of the quality of products sold by Borrower under the Trademarks.
Product Quality. All Product must meet all Applicable Laws of the Federal Food, Drug and Cosmetic Act and/or the U.S. Food and Drug Administration. The Company will not sell any generic versions of the Product(s) to Distributor.
Product Quality. 4.1 ASSA ABLOY warrants that on Delivery, the Products shall materially comply with the specification and the contents of the Order, and shall be free from material defects in design, material and workmanship during the warranty period of 12 months from the Delivery “Warranty Period”.
4.2 Subject to Clause.4.5, if:
(a) the Customer gives notice in writing to ASSA ABLOY that some or all of the Products do not comply with the warranty set out in Clause 4.1, within 8 days from the Delivery in case of de- fects apparent on normal usual inspec- tion (including quantity variances), or in case of latent defects within 8 days of latent defects having become ap- parent -if the Customer fails to give notice of rejection in accordance with this Clause any remedies in favor of the Customer will be barred;
(b) the relevant Products are within the Warranty Period;
(c) the Customer complies with the re- turn and/or inspection obligations in Clause 4.4; ASSA ABLOY shall, at its option, repair or re- place the defective Products, or refund the Price of the defective Products in full.
4.3 Once ASSA ABLOY has complied with its obligations to repair/replace/refund under Clause 4.2 above, it shall have no further liability to the Customer for the Products’ failure to comply with Clause 4.1.
4.4 The Customer shall either return the Prod- ucts to ASSA ABLOY (at its own expense and risk) or, at ASSA ABLOY’s option, permit ASSA ABLOY to inspect the Products at the Customers’ premises and use its best en- deavour to provide to ASSA ABLOY all nec- xxxxxx access and other reasonable facilities and all information, particulars and assis- tance required to enable ASSA ABLOY to as- certain or verify the nature and cause of the defect claimed and to carry out its warranty obligations.
4.5 The Customer accepts that ASSA ABLOY shall not be liable for a failure to comply with the warranty set out in Clause 4.1 in any of the following events:
(a) the Customer (or a third party) makes any further use of those Products after the Customer has given notice in ac- cordance with Clause 4.2;
(b) the defect arises because the Custom- er (or a third party) failed to follow ASSA ABLOY’s oral or written instruc- tions for the storage, commissioning, installation, use and maintenance of the Products or (if there are none) good trade practice regarding the same;
(c) the defect arises as a result of ASSA ABLOY following any drawing, design or specification supplied by the Cus- tomer;
(d) the Customer (or ...
Product Quality. All of the ethanol sold to ADM by LS under this Agreement will be of merchantable quality, and will be fit for its intended purpose. All such ethanol must meet all applicable ASTM Standards, must meet the ethanol standards established by the Xxxxxxxx Pipeline test, and must meet the ethanol standards established by all other standard ethanol industry tests.
Product Quality. 1. Party A guarantees that the products sold in this contract must be consistent with the samples sealed by Party B, and no other ingredients that are not allowed to be added by national regulations shall be added.
2. All products provided by Party A shall meet the quality standards of GB/T 10781.2-2006 fragrant liquor, and meet the quality grade and alcohol content requirements of Party B’s sealed samples.
3. Party A is responsible for the quality of the products provided, and assumes all responsibilities arising from quality problems, including but not limited to legal and economic responsibilities.
4. If there is any return or exchange due to product quality problems or inconsistency with Party B’s requirements, Party A shall bear the cost of return and exchange.
5. If it is due to Party B’s reasons, after negotiating with Party A and obtaining consent, the return and replacement costs shall be borne by Party B.
6. The taste of the product is subject to the sealing sample. Party A guarantees that the taste of the wine body meets the sealing sample standard. If the taste deviation is large and caused by Party A, Party A shall bear the corresponding liability for damages.
7. If Party B causes the deviation of product taste, Party A shall not be held responsible.
