PRODUCT QUALITY CONTROL Sample Clauses

PRODUCT QUALITY CONTROL. 4.5.1. The Host shall have standard quality procedures at the Depot. The Products shall at the time of delivery comply with the relevant specifications as may be stipulated by the relevant institutions, including XXXXX (South African Petroleum Industry Association), which determines the XXXXX Oil Industry Product Exchange Specifications ("OIPES"); the Department of Energy, through the Petroleum Products Specifications and Standards promulgated in terms of the Petroleum Products Act, 1977 (as amended) and/or the South African Bureau of Standards' South African National Standards ("SANS"). To the extent that there is a conflict between the abovementioned Product specifications, then the OIPES specifications shall apply. 4.5.2. The Tenant shall only supply Product to the Depot that adheres to the specifications as required by OIPES. If it is suspected that a Product is not to specification before delivery to the Host, the Tenant shall provide a quality certificate for the Product to the Host. If the Product does not adhere to the specifications as required by OIPES, but still adheres to the SANS specifications, the Tenant may request a waiver by the Host for acceptance of the Product, which waiver shall be at the Host's sole and absolute discretion. The Host retains absolute rights in this regard, and its decision with regards to the acceptance of such waiver requests shall be final and binding on the Parties. Should the Host agree to a waiver request, the additional cost of handling the Product shall be for the Tenant’s account. 4.5.3. The Host shall only supply Product that adheres to the OIPES specifications. It is hereby recorded that, while Product quality is tested on delivery to the Depot, the Host does not again test Product quality prior to delivery to the Tenant ex tank. If it is suspected that a Product is not to specification before delivery to the Tenant ex tank, the Host shall provide a quality certificate for the Product to the Tenant. If the Product does not adhere to the specifications as required by OIPES, but still adheres to the SANS specifications, the Host may request a waiver by the Tenant for acceptance of the Product. Should the Tenant agree to a waiver request, the additional cost of handling the Product shall be for the Host’s account. 4.5.4. Where Product which does not comply with the OIPES specifications is supplied to the Tenant, without a waiver as envisioned in clause 4.5.3 above, the Host's liability for such Product shall be...
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PRODUCT QUALITY CONTROL. The District reserves the right to discontinue service of all or any portion of any contract resulting from this bid for any reason determined by the District to be detrimental to health and welfare of the students and school personnel, or failure to meet contract specifications or wholesomeness standard, and to hold the contractor in default. All products received under this contract shall be processed according to the health and sanitation standards for plant facilities and food processing established by the locality or state in which Processor’s plant is located or by the applicable federal standards, whichever is higher. Contractor shall follow appropriate procedures for First in First Out (FIFO) stock rotation system. In the event of product contamination issue, Contractor shall provide trace back capabilities for all products to the point of origin. Evidence of such procedures should be submitted at the time of bid.
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PRODUCT QUALITY CONTROL. Buyer has a duty to protect the quality of ------------------------ Seller's products delivered to it by Seller or Seller's authorized distributors. Seller represents that the Mobil lubricants that it supplies under this Agreement: 1) meet applicable API standards and 2) will meet future applicable API standards.
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PRODUCT QUALITY CONTROL. 2.1 The objectives of this Section 2 are to assure that the physical and sensory characteristics of the Product manufactured and packaged by PackItGreen will be essentially the same as the Product produced by EATware and packaged by EATware in its facilities in the Far East. 2.2 Information regarding the process conditions, quality control procedures, equipment and materials that are required for the Product will be provided by EATware (collectively, the "Formula") as part of the Trade Secrets. PackItGreen understands and agrees that changes in the Formula may be required by EATware from time to time in order to attain such physical and sensory characteristics. 2.3 PackItGreen shall use all necessary ability, know-how, methods, and means to produce, handle, package, and store the Product strictly in accordance with the Formula. No change in the Formula shall be made by PackItGreen without EATware's prior written consent. 2.4 EATware shall have the right to inspect and approve the Facility and equipment used by PackItGreen to produce, handle, package, and store the Product, as well as any ingredients, processing aids, and containers used in producing or packaging the Product; and to test samples of the Product at the Facility. Promptly following the date of this Agreement, EATware shall have the obligation to send to the Facility qualified technical persons employed by EATware for a reasonable period of time as determined by mutual agreement between EATware and PackItGreen to (a) communicate the Formula to PackItGreen, (b) train selected persons employed by PackItGreen to use the Formula and the machinery used in the production of the Product, and (c) test the Product prior to the initial distribution to determine whether the Product complies with the objectives set forth in Section 2.1. EATware shall pay for any necessary technical assistance for the first six months of production. For any additional technical assistance requested by PackItGreen, PackItGreen shall pay all travel and employee costs related to the assistance. 2.5 If EATware disapproves of the quality of the Product being produced and/or packaged by PackItGreen, it shall so notify PackItGreen in writing and the parties shall immediately cooperate with each other in attempting to resolve such quality problem. The first step shall be a meeting to be held within seven (7) days of notification, between a senior production official from each of EATware and PackItGreen. EATware may require PackItGr...
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PRODUCT QUALITY CONTROL. Buyer has a duty to protect the quality of products delivered to it by Seller or Seller's authorized distributors.
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PRODUCT QUALITY CONTROL. 2.1 The objectives of this Section 2 are to assure that (i) the physical and sensory characteristics of the Product brewed and packaged by Redhook will be essentially the same as the Hefeweizen beer brewed and packaged by Xxxxxx in its Portland, Oregon facility and (ii) the Product is free of any microbiological contamination. 2.2 Information regarding the process conditions, quality control procedures, equipment and materials that are required for the Product will be provided by Xxxxxx (collectively, the "Formula") as part of the Trade Secrets. Redhook understands and agrees that changes in the Formula may be required by Xxxxxx from time to time in order to attain such physical and sensory characteristics. 2.3 Redhook shall use all necessary ability, know-how, methods, and means to brew, handle, package, and store the Product strictly in accordance with the Formula. No change in the Formula shall be made by Redhook without Xxxxxx'x prior written consent. 2.4 Xxxxxx shall have the right to inspect and approve the Facility and equipment used by Redhook to brew, handle, package, and store the Product, as well as any ingredients, processing aids, and containers used in brewing or packaging the Product; and to taste samples of the Product at the Facility. Promptly following the date of this Agreement, Xxxxxx shall have the right to send to the Facility a qualified technical person(s) employed by Xxxxxx for a reasonable period of time as determined by Xxxxxx to (a) communicate the Formula to Redhook, (b) train selected person(s) employed by Redhook to use the Formula, and (c) test the Product prior to the initial distribution to determine whether the Product complies with the objectives set forth in Section 2.1. If Xxxxxx does not approve of the Product within 90 days of the Agreement, Xxxxxx may terminate this Agreement upon written notice to Redhook. The technical assistance shall be paid for by Xxxxxx for the initial assistance. For any additional technical assistance requested by Redhook, Redhook shall pay all travel and employee costs related to the assistance. 2.5 Commencing with the first packaging run of the Product at the Facility, following the initial approval of the Product set forth in Section 2.4, and thereafter at Xxxxxx'x request, Redhook shall provide to Xxxxxx in Portland, Oregon, at Redhook's cost, samples of (a) Product packaged by Redhook and (b) brewing and packaging materials. Redhook shall bear the cost of shipment for said samples. If X...
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PRODUCT QUALITY CONTROL. 5.3.1. Both Parties will have standard quality procedures at Depots.
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PRODUCT QUALITY CONTROL 
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Related to PRODUCT QUALITY CONTROL

  • Quality Control A. Controlled Affiliate agrees to use the Licensed Marks and Name only in connection with the licensed services and further agrees to be bound by the conditions regarding quality control shown in attached Exhibit A as they may be amended by BCBSA from time-to-time. B. Controlled Affiliate agrees to comply with all applicable federal, state and local laws. C. Controlled Affiliate agrees that it will provide on an annual basis (or more often if reasonably required by Plan or by BCBSA) a report or reports to Plan and BCBSA demonstrating Controlled Affiliate’s compliance with the requirements of this Agreement including but not limited to the quality control provisions of this paragraph and the attached Exhibit A. D. Controlled Affiliate agrees that Plan and/or BCBSA may, from time-to-time, upon reasonable notice, review and inspect the manner and method of Controlled Affiliate’s rendering of service and use of the Licensed Marks and Name. E. As used herein, a Controlled Affiliate is defined as an entity organized and operated in such a manner, that it meets the following requirements: (1) A Plan or Plans authorized to use the Licensed Marks in the Service Area of the Controlled Affiliate pursuant to separate License Agreement(s) with BCBSA, other than such Controlled Affiliate’s License Agreement(s), (the “Controlling Plan(s)”), must have the legal authority directly or indirectly through wholly-owned subsidiaries to select members of the Controlled Affiliate’s governing body having not less than 50% voting control thereof and to: (a) prevent any change in the articles of incorporation, bylaws or other establishing or governing documents of the Controlled Affiliate with which the Controlling Plan(s) do(es) not concur; (b) exercise control over the policy and operations of the Controlled Affiliate at least equal to that exercised by persons or entities (jointly or individually) other than the Controlling Plan(s); and Notwithstanding anything to the contrary in (a) through (b) hereof, the Controlled Affiliate’s establishing or governing documents must also require written approval by the Controlling Plan(s) before the Controlled Affiliate can: (i) change its legal and/or trade names; (ii) change the geographic area in which it operates; (iii) change any of the type(s) of businesses in which it engages; (iv) create, or become liable for by way of guarantee, any indebtedness, other than indebtedness arising in the ordinary course of business; (v) sell any assets, except for sales in the ordinary course of business or sales of equipment no longer useful or being replaced; (vi) make any loans or advances except in the ordinary course of business; (vii) enter into any arrangement or agreement with any party directly or indirectly affiliated with any of the owners or persons or entities with the authority to select or appoint members or board members of the Controlled Affiliate, other than the Plan or Plans (excluding owners of stock holdings of under 5% in a publicly traded Controlled Affiliate); (viii) conduct any business other than under the Licensed Marks and Name; (ix) take any action that any Controlling Plan or BCBSA reasonably believes will adversely affect the Licensed Marks and Name. In addition, a Plan or Plans directly or indirectly through wholly owned subsidiaries shall own at least 50% of any for-profit Controlled Affiliate. (2) A Plan or Plans authorized to use the Licensed Marks in the Service Area of the Controlled Affiliate pursuant to separate License Agreement(s) with BCBSA, other than such Controlled Affiliate’s License Agreement(s), (the “Controlling Plan(s)”), have the legal authority directly or indirectly through wholly-owned subsidiaries to select members of the Controlled Affiliate’s governing body having more than 50% voting control thereof and to: (a) prevent any change in the articles of incorporation, bylaws or other establishing or governing documents of the Controlled Affiliate with which the Controlling Plan(s) do(es) not concur; (b) exercise control over the policy and operations of the Controlled Affiliate. In addition, a Plan or Plans directly or indirectly through wholly-owned subsidiaries shall own more than 50% of any for-profit Controlled Affiliate.

  • Product Quality (a) Tesoro warrants that all Products delivered under this Agreement or any Purchaser Order shall meet the latest applicable pipeline specifications or otherwise mutually agreed upon specifications for that Product upon receipt at the applicable Terminal and contain no deleterious substances or concentrations of any contaminants that may make it or its components commercially unacceptable in general industry application. Tesoro shall not deliver to any of the Terminals any Products which: (i) would in any way be injurious to any of the Terminals; (ii) would render any of the Terminals unfit for the proper storage of similar Products; (iii) would contaminate or otherwise downgrade the quality of the Products stored in commingled storage; (iv) may not be lawfully stored at the Terminals; or (v) otherwise do not meet applicable Product specifications for such Product that are customary in the location of the Terminal. If, however, there are Products that do not have such applicable specifications, the specifications shall be mutually agreed upon by the Parties. Should Tesoro’s commingled Products not meet or exceed the minimum quality standards set forth in this Agreement or any applicable Terminal Service Order, Tesoro shall be liable for all loss, damage and cost incurred thereby, including damage to Products of third parties commingled with Tesoro’s unfit Products. (b) TLO shall have the right to store compatible Products received for Tesoro’s account with Products belonging to TLO or third parties in TLO’s commingled storage tanks. TLO shall handle Tesoro’s fungible Products in accordance with TLO’s prevailing practices and procedures for handling such Products. The quality of all Products tendered into commingled storage for Tesoro’s account shall be verified either by Tesoro’s refinery analysis or supplier’s certification, such that Products so tendered shall meet TLO’s Product specifications. All costs for such analysis shall be borne solely by Tesoro. TLO shall have the right to sample any Product tendered to the Terminals hereunder. The cost of such sampling shall be borne solely by TLO. All Products returned to Tesoro shall meet or exceed Product specifications in effect on the date the Products are delivered to Tesoro. Notwithstanding any other provision herein, any and all Products that leave the Terminals shall meet all relevant ASTM, EPA, federal and state specifications, and shall not leave the Terminals in the form of a sub-octane grade Product. (c) TLO shall exercise reasonable care to ensure that all Products delivered by third parties into commingled storage with Tesoro’s Products meet applicable Product specifications for such Product that are customary in the location of the Terminal. In the event that Tesoro’s Products are commingled with third-party Products that do not meet or exceed the minimum quality standards set forth in this Agreement or any Terminal Service Order, TLO shall be liable for all loss, damage and cost incurred thereby.

  • Quality Control Program Engineer shall have a quality control program in place that ensures that all deliverable work is of high quality. Engineer shall submit a plan detailing its program to the Inspection Branch of the TxDOT Bridge Division for review and approval prior to beginning work. State may review or audit the programs.

  • Quality Assurance/Quality Control Contractor shall establish and maintain a quality assurance/quality control program which shall include procedures for continuous control of all construction and comprehensive inspection and testing of all items of Work, including any Work performed by Subcontractors, so as to ensure complete conformance to the Contract with respect to materials, workmanship, construction, finish, functional performance, and identification. The program established by Contractor shall comply with any quality assurance/quality control requirements incorporated in the Contract.

  • Use; Quality Control a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

  • Quality control system (i) The Contractor shall establish a quality control mechanism to ensure compliance with the provisions of this Agreement (the “Quality Assurance Plan” or “QAP”). (ii) The Contractor shall, within 30 (thirty) days of the Appointed Date, submit to the Authority’s Engineer its Quality Assurance Plan which shall include the following: (a) organisation, duties and responsibilities, procedures, inspections and documentation; (b) quality control mechanism including sampling and testing of Materials, test frequencies, standards, acceptance criteria, testing facilities, reporting, recording and interpretation of test results, approvals, check list for site activities, and proforma for testing and calibration in accordance with the Specifications for Road and Bridge Works issued by MORTH, relevant IRC specifications and Good Industry Practice; and (c) internal quality audit system. The Authority’s Engineer shall convey its approval to the Contractor within a period of 21 (twenty-one) days of receipt of the QAP stating the modifications, if any, required, and the Contractor shall incorporate those in the QAP to the extent required for conforming with the provisions of this Clause 11.2. (iii) The Contractor shall procure all documents, apparatus and instruments, fuel, consumables, water, electricity, labour, Materials, samples, and qualified personnel as are necessary for examining and testing the Project Assets and workmanship in accordance with the Quality Assurance Plan. (iv) The cost of testing of Construction, Materials and workmanship under this Article 11 shall be borne by the Contractor.

  • Product Recall (a) If a recall is required by applicable Law, or if Buyer or Supplier reasonably determines that a recall is advisable because the goods may create a potential safety hazard, are not in compliance with any applicable code, standard or legal requirement, or contain a defect or non-conformance with the requirements of this Order occurring or likely to occur in multiple goods, which such defects or non-conformances are substantially similar or have substantially similar causes or effects (collectively a “Serial Defect”), the parties shall promptly communicate such facts to each other. At Buyer’s request, Supplier shall promptly develop a corrective action plan satisfactory to Buyer, which shall include all actions required to recall and/or repair the goods and any actions required by applicable Law (“Corrective Action Plan”) for Buyer’s review and approval. At Buyer’s election, Xxxxx may develop the Corrective Action Plan. In no event shall Buyer and Supplier’s failure to agree on the Corrective Action Plan delay the timely notification of a potential safety hazard, non-compliance or Serial Defect to users of the goods, cause either party to be non-compliant with applicable Law or prevent Buyer from taking reasonable actions to prevent injury or damage to persons, equipment or other property. Supplier and Buyer shall cooperate with and assist each other in any corrective actions and/or filings, if applicable. (b) To the extent a recall is required by applicable Law, or due to a potential safety hazard, non-compliance or Serial Defect, which is caused by Supplier, Supplier shall indemnify and hold Buyer harmless from all reasonable costs and expenses incurred in connection with any recall, repair, replacement or refund program, including all costs related to: (i) investigating and/or inspecting the affected goods; (ii) notifying Buyer’s customers; (iii) repairing, or where repair of the goods is impracticable or impossible, repurchasing or replacing the recalled goods; (iv) packing and shipping the recalled goods; and (v) media notification. Each party shall consult the other before making any statements to the public or a governmental agency relating to such recall, potential safety hazard, non- compliance or Serial Defect, except where such consultation would prevent timely notification required by Law.

  • Manufacturing and Marketing Rights The Company has not granted rights to manufacture, produce, assemble, license, market, or sell its products to any other person and is not bound by any agreement that affects the Company's exclusive right to develop, manufacture, assemble, distribute, market, or sell its products.

  • PRODUCT MANUFACTURER'S SUPPLIERS Only those dealers/distributors listed by the manufacturer will be considered authorized to act on behalf of the Product Manufacturer.

  • Product Recalls (a) If either Party reasonably decides or is required by any government authority or court of competent jurisdiction, to initiate a product recall, withdrawal or field correction with respect to, or if there is any governmental seizure of, the Product, the Party initiating or required to initiate such action will notify the other Party promptly of the details regarding such action, including providing copies of all relevant documentation concerning such action. The Parties will assist each other in investigating any such situation and all regulatory contacts that are made and all activities concerning seizure, recall, withdrawal or field correction will be jointly coordinated by HSL and LMI. (b) If any such recall, withdrawal, field correction or seizure occurs due solely to (i) failure of any Product produced by HSL hereunder to conform to Specifications (including, without limitation, being adulterated or misbranded) or any warranty or other requirement set forth in this Agreement, (ii) the failure of HSL to comply in all material respects with any applicable law, rule, regulation, guideline, standard, court order or decree or (iii) the negligent or intentional wrongful act or omission of HSL in connection with the production of Product hereunder, then HSL shall bear the **** of any such seizure, recall, withdrawal or field correction and shall reimburse LMI for its ****, including any purchase price payments made to HSL and related taxes to the extent related to such recalled Product. To the extent any such recall, withdrawal, field correction or seizure occurs for any reason other than that set forth in the immediately preceding sentence, then LMI shall bear the **** of any such seizure, recall, withdrawal or field correction. If both HSL and LMI contribute to the cause of a seizure, recall, withdrawal or field correction, the cost and expense thereof will be shared in proportion to each Party’s contribution to the problem. For the purposes of this Agreement, the expenses of any recall, withdrawal, field correction or seizure shall include, without limitation, the out-of-pocket expenses of notification and destruction or return of the recalled Product and all other out-of-pocket costs incurred in connection with such recall but shall not include a Party’s lost profits. HSL’s reimbursement for the costs of LMI Materials related to such recall, withdrawal or field correction is limited by Section 5.6(c).

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