Product Testing and Storage Sample Clauses

Product Testing and Storage. All Products and applicable ingredients shall be subject to laboratory testing in compliance with State of California regulations on prices and terms as mutually agreed by Supplier and Indus (“Product Testing”) at Supplier’s expense and Supplier shall be responsible for the consequences of any contamination or product failing to meet product specifications in accordance to mutually agreed to product specifications. Supplier shall bear the costs of all such Product Testing and shall reimburse Indus for all such costs as incurred, provided that to the extent there shall be amounts due to Supplier under the Payment Settlement provisions below, such amounts due from Supplier for Product Testing may be set off against amounts then due to Supplier from Indus. To the extent that any Products fail Product Testing (“Defective Products”), Indus shall promptly notify Supplier in writing. On or before five (5) days from the delivery of such notice by Indus, Supplier shall instruct Indus in writing whether to return or destroy such Defective Products. All costs and expenses of the return or destruction and disposal of any Defective Products shall be paid in advance by Supplier or offset against any amounts owed by Indus to Supplier.
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Related to Product Testing and Storage

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