Product Rejection. Within thirty (30) days from the date of receipt of delivery of a Product, Tris may inspect the Product using generally accepted inspection methods to determine whether or not the Product is acceptable and shall advise IPC in writing (a “Rejection Notice”) if such inspection shows that a shipment of Product is not in conformity with the Specifications, in which case IPC shall be obligated to take back the Product that is not in conformity. If no Rejection Notice is provided by Tris within such time periods, then Tris shall be deemed to have accepted the shipment; except for defects not discovered or discoverable by Tris in such inspection with the use of generally accepted inspection methods (“Latent Defects”) for which such Rejection Notice will be provided within 30 days upon discovering the non-conformity. Any Rejection Notice shall contain a reasonably detailed statement of Tris’s reasons for rejection and shall be accompanied by a report of any pertinent analysis performed by Tris or any licensee on the allegedly nonconforming Product, together with the methods and procedures used.
Product Rejection. (a) Within 35 days from the date of receipt of each delivery of Product PRI shall inspect the Product (PRI hereby acknowledging that its failure to inspect shall not release it from the obligations it would otherwise have had it conducted an inspection as herein contemplated, or provide it with additional rights). PRI shall advise Genpharm in writing (a "REJECTION NOTICE") if a shipment of Product is not in conformity with Genpharm's obligations hereunder or is otherwise defective, provided, however, that PRI's failure to advise Genpharm in a timely manner that a shipment of Product does not conform shall not prejudice PRI's right to reject or return the Product if the defect or other non-conforming condition which justifies rejection or return could not have been detected by PRI's inspection in accordance with cGMP standards. If PRI delivers a Rejection Notice in respect of all or any part of a shipment of Product, then Genpharm and PRI shall have 60 days from the date of Genpharm's receipt of such notice to resolve any dispute regarding whether all or any part of such shipment of Product fails to conform with the Product Specifications or is otherwise defective. Disputes between such parties as to whether all or any part of a shipment rejected by PRI conforms with Product Specifications not resolved in the 60 day period shall be resolved by an independent testing laboratory or a consultant (if not a laboratory analysis issue), the cost of which shall be paid by the party least successful in such dispute.
(b) In the event any Product is appropriately rejected by PRI (being Product which does not satisfy the Product warranty contemplated in Section B.5 of Schedule "B" hereto as a result of any act by or omission of Genpharm or the Manufacturer), Genpharm shall replace such Product with conforming goods within 16 weeks or, if requested by PRI, provide a credit to PRI for the Transfer Price previously paid by PRI to Genpharm on account of the Product in question, and for all transportation and insurance costs, duties, taxes and fees paid or payable by PRI to import and deliver the Product in question from Genpharm's or the Manufacturer's Plant, as the case may be, to PRI's facility in Spring Valley, New York. The credit shall be provided immediately following the expiry of the period during which Genpharm may dispute a Rejection Notice as contemplated in Subsection (a) above (unless the Rejection Notice is disputed by Genpharm, in which event such credit sha...
Product Rejection. Any PTM Kits delivered to Distributor by Pacific which do not conform to the specifications furnished by Pacific shall be promptly replaced by Pacific. If replacement cannot be accomplished within 60 days of the original requested delivery date, any prepayments made toward the original order will be promptly refunded by Pacific.
Product Rejection. Subject to the provisions of Sections 5.8(a) and (b), and 9.2(b), Sepracor has the right to reject and return, at Patheon's expense, any portion of any shipment of Products that deviates from Sepracor's Technical Information or cGMPs without invalidating any remainder of such shipment.
Product Rejection. 8.1 Supplier shall not knowingly ship any Nonconforming Products or knowingly provide any Nonconforming Engineering Services to Purchaser. Nothing contained in this Agreement shall be deemed to obligate Purchaser to inspect any Products produced hereunder. Without limiting any other rights available to Purchaser with respect to Nonconforming Engineering Services which are in violation of any Laws, in the event Supplier produces any Nonconforming Product or Nonconforming Engineering Service and Purchaser returns such Nonconforming Product to Supplier or rejects such Nonconforming Engineering Service (which return shall be at Supplier's risk and expense), Supplier shall promptly (and in any event no later than thirty (30) calendar days after receipt of such returned Product) replace such Product or reperform such Engineering Service, as applicable, at no cost to Purchaser (including any additional freight costs incurred). Supplier shall pay the shipping charges back to Purchaser for returned Products.
8.2 Within twenty-four (24) hours of receipt of Purchaser's notice of receipt of any Nonconforming Products, Supplier will provide authorization to Purchaser for return of such Nonconforming Products at Supplier's risk and expense.
8.3 If Purchaser sends Supplier a Corrective Action Request (CAR), Supplier will respond to Purchaser in writing within thirty (30) days after receipt thereof
Product Rejection. If Acorda rejects Supplied Product under Section 6.2 and the deviation is determined to have arisen from Manufacturer’s failure to provide the Manufacturing Services in respect of the Supplied Product in compliance with the terms of this Agreement or the Quality Agreement, then Section 6.1 shall apply.
Product Rejection. Par may reject any delivery of Product if the Product does not conform to the Product Specifications or if it fails to conform to any Product warranty set forth in this Agreement. In addition, Par will visually inspect each delivery of Product upon receipt and shall, within forty five (45) days from receipt of delivery, notify Alfacell in writing (i) of any defects discovered by such visual inspection and (ii) that it is rejecting the delivery and the reasons for such rejection. If Par fails to
Product Rejection. 3.4.1 Distributor will give written notice to Purdue of any claim that any Product does not conform with the requirements set forth in the Quality Agreement promptly upon Distributor becoming aware of such non-compliance, but in no event later than seven calendar days after receipt of such Product by Distributor. In the event that Distributor fails to notify *** Certain confidential information contained in this document, marked with three asterisks, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. Purdue of any such claim within the applicable notice period specified in the preceding sentence, such Product will be deemed accepted by Distributor. Any such notice by Distributor pursuant to this Section 3.4.1 that any Product does not conform with the requirements set forth in the Quality Agreement must be accompanied by a reasonably detailed statement of Distributor’s findings of non-conformance. Such non-compliance is limited to physical inspection of the finished goods, as the Parties do not intend any method transfer protocol to be set forth herein. The Parties will cooperate in good faith to resolve any dispute arising under this Section 3.4.1. Distributor will not dispose of any Product claimed by it not to conform with the terms and conditions hereof until resolution of any dispute with respect thereto is finalized by the Parties. Such resolution may include a mutually agreed upon method to replace or re-label the non-conforming materials.
3.4.2 If Purdue acknowledges an alleged nonconformity in writing, Purdue will promptly (and in any case within 10 Business Days thereafter) make arrangements for the return or disposal, at Purdue’s option, of the non-conforming Product, if in fact, the non-conforming Product cannot be reworked. Non-conformance relating to physical labeling or packaging will be addressed first by reworking the Product into acceptable physical labeling and/or packaging. If Purdue instructs Distributor to dispose of such non-conforming Product, Purdue will give Distributor written instructions as to the process by which Distributor or its agent must dispose of such non-conforming Product, and Distributor will provide Purdue with written certification of such destruction. Purdue will have the right to witness such destruction. Purdue will be under no obligation to accept a return of Product except as provided in this Section 3.4.2...
Product Rejection. CDX agrees to waive its right to reject Products pursuant to any provision of Article 4 for any and all Products delivered prior to the Effective Date of this Supply Amendment Agreement. CDX further agrees that its right to reject Products pursuant to any provision of Article 4 shall expire thirty (30) days following Company’s receipt of the subject Products.
Product Rejection. Prior to packaging any bulk finished Product, Mylan shall test each batch of bulk finished Product for compliance with the finished Product Specifications (excluding packaging-related specifications). In the event any nonconforming Product is observed in connection with such testing procedures, Mylan shall promptly suspend the packaging of the applicable batch, notify Somaxon in writing, and consult with Somaxon with respect to available alternatives.
