Quality of Products. 5.1 Ornua warrants that on delivery the Products shall conform in all material respects with the applicable Product Specification.
5.2 Subject to clause 5.3, Ornua shall, at its option, repair or replace any defective Products or refund the price of any defective Products in full if:
(a) the Customer gives notice in writing within a reasonable time of discovery (but no later than 5 days from discovery) that some or all of the Products do not comply with the warranty set out in clause 5.1 or of whole or partial non-delivery or shortages;
(b) Ornua is given a reasonable opportunity of examining any allegedly defective Products; and
(c) the Customer (if asked to do so by Xxxxx) returns such Products to Ornua's place of business.
5.3 Ornua shall not be liable for the Products' failure to comply with the warranty in clause 5.1 if:
(a) the Customer makes any further use of such Products after giving a notice in accordance with clause 5.2;
(b) the defect arises because the Customer failed to follow Ornua's oral or written instructions as to the storage, handling or use of the Products or (if there are none) good trade practice;
(c) the defect arises as a result of Ornua following any drawing, design or specification supplied by the Customer;
(d) the defect arises as a result of Ornua using any ingredients, packaging or other raw materials supplied by the Customer or sourced from a third party specified by the Customer for use by Ornua in the manufacture or processing of the Products (Customer Supplied Materials);
(e) the Customer alters or repairs such Products without the written consent of Ornua;
(f) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(g) the Products differ from their description or the Product Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 These Conditions shall apply to any repaired or replacement Products supplied by Ornua.
5.5 The Customer must notify Ornua in writing of any seizures of Products for whatever reason and deliver full particulars to Ornua within 5 Business Days of the date of the seizure supported by certificates signed by a recognised public health official or official of a recognised regulatory body giving all relevant details including any time-limits or other conditions and the reason for any seizure.
5.6 No warranty is given by Ornua and Ornua shall have no liability in r...
Quality of Products. 6.1. Subject to Clause 6.2 and applicable Legal Requirements, the Seller warrants that the Product supplied under the Agreement shall conform to the Specifications.
6.2. To the extent permitted by law, all other warranties relating to quality of the Products and/ or fitness for purpose, whether express or implied, are hereby excluded from the Agreement.
Quality of Products. SBCOC reserves the right to reject any merchant application which does not meet the quality or design that the Fiesta Del Sol is attempting to portray. The Fiesta Del Sol attempts to create an exhibition of crafts that is acceptable to the general public. We prohibit any drug paraphernalia or illegal items. SBCOC has sole discretion and reserves the right to deny any vendor with products without an arts and crafts theme. SBCOC attempts to maintain a high quality of arts and crafts; however, we cannot guarantee that imported products will not be sold.
Quality of Products. 9.1. GW shall ensure that each Delivery of the Products supplied to Bayer hereunder is accompanied by a Certificate of Analysis. The Products will be supplied in accordance with the requirements of the Quality Agreement between GW and Bayer and in compliance with the agreed Specifications and Acceptable Quality Levels (AQLs) detailed therein. Bayer shall notify GW of any visually apparent defects in any quantity of the Products Delivered to it within eight (8) business days of the date of Delivery to Bayer’s premises. Within eight (8) business days of receipt of the Products from GW ordered pursuant to this Agreement, Bayer shall have the right but not the obligation, to analyse or cause to be analysed, any shipment of the Products. If in Bayer’s reasonable opinion such analysis reveals any defects in such shipment by reference to the Specifications, Bayer shall immediately notify GW in writing thereof and send samples of that shipment to GW.
9.2. Bayer shall notify GW in writing within thirty (30) business days of its visual inspection (or within five (5) business days of becoming aware of any Latent Defects) of any complaints or issues arising as to the quality of the Products and send a sample of the defective Product(s) to GW. Additionally if a potential defect may constitute a hazard to patient safety such reporting should be within twenty four (24) hours of Bayer becoming aware of such defect, initially by telephone and promptly followed up in writing.
9.3. If GW is satisfied and has agreed that the relevant shipment of the Products is defective due to GW’s default, Bayer shall dispose of such defective shipment of the Products as GW shall direct in writing and at GW’s reasonable expense and GW shall use its reasonable efforts to supply new Products to Bayer as soon as reasonably possible thereafter PROVIDED THAT if the Parties fail to agree whether the shipment is defective or, if defective whether the defect is due to GW’s default, the matter shall be referred to the Laboratory to be tested in the presence of representatives of both the Parties within fourteen (14) days to determine whether the shipment complies with the Specifications. The costs of such testing shall be borne by GW in the event it is established by the Laboratory that the Products fail to comply with the Specifications. In circumstances where it is established by the Laboratory that the Products are within the Specifications Bayer shall bear the costs of such testing. If, notwiths...
Quality of Products. Creative shall make commercially reasonable efforts to manufacture, or have manufactured, the Licensed Products to standards that are at least as high as those for similar products of Creative.
Quality of Products. Path will provide Rockford with initial samples of each Product before any sale and Rockford must approve the initial samples before any sale of a Product. Path will provide Rockford with production samples from time to time, as requested by Rockford, so that Rockford may confirm that the Products conform to the approved samples and to Rockford's requirements as to quality. All Products supplied by Path will be of a quality at least equal to the initial samples supplied to Rockford.
Quality of Products. Prior to the establishment of the Trademark Use Guidelines pursuant to this Section 3.2(d), before selling, using or distributing any goods or materials bearing the Licensed LCP Xxxx which have not previously been approved for use by CHRP and/or Shore: (A) Santarus shall furnish and shall require its sublicensees to furnish, free of cost for LifeCycle’s express written approval, one prototype sample of each article, packaging, label, advertisement, sign or other materials bearing the Licensed LCP Xxxx; (B) if LifeCycle has not responded within [***] after the office of the Chief Executive Officer or Chief Financial Officer of LifeCycle has received the particular prototype sample, then LifeCycle’s approval shall be deemed to have been granted as provided in the LifeCycle Agreement; (C) pursuant to the LifeCycle Agreement, if LifeCycle does not approve any such sample, LifeCycle is obligated to provide Santarus or its sublicensee, as applicable, with a written explanation of why it was not approved; and (D) after samples have been provided and approved, Santarus and its sublicensees shall not depart from the approved form in any material respect without the express prior written consent of LifeCycle. ***Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Quality of Products. The Company warrants that on delivery of the Products, the Products:
Quality of Products. 5.1 Subject to 11.2 Morcan gives no warranty to the Client in respect of any Product that is purchased by Morcan from a Supplier for resale to the Client but shall take reasonable steps to assist the Client in making available claims under Supplier or manufacturer product warranties, subject to compliance by the Client with any warranty terms as provided by the Supplier/manufacturer. Morcan will accept returns of faulty Products notified to Morcan within 14 days of delivery, subject to the terms of the relevant Supplier’s/manufacturer's warranty. After 14 days the Client will need to deal with the manufacturer directly. All returns of Products can only be made if they comply with the following:
a. Prior authorisation for return must be obtained from Morcan. The Client should use the contact details shown on the Order for this purpose;
b. The Products in issue must be returned within 5 days of the authorisation to return under 5.1(a);
c. The Products must be properly packed and delivered to the return address notified by Morcan on DDP Incoterms 2010, together with any forms or information and in accordance with any procedure notified by Morcan;
d. The Goods must still be covered by the relevant Supplier’s/manufacturer’s warranty. The following (non-exhaustive) list of examples are all likely to invalidate or give rise to the loss of benefit of Supplier/manufacturer warranties: Use of products after notification under 5.1(a); failure to follow Supplier/manufacturer instructions as to storage, installation, commissioning, use or maintenance; unauthorised alteration or repair; fair wear and tear, wilful damage, negligence, abnormal working conditions, or defects arising as a result of Client’s design or instructions. Morcan reserves the right to test (or permit testing of) all Products returned as faulty and to return to the Client (at the Client’s expense) any Products found not to be faulty, or ineligible for repair, replacement or refund under applicable Supplier/manufacturer’s warranties.
5.2 All Products supplied which are Software are only supplied “as is". The sole obligation of Morcan in connection with the supply of Products which are Software is to use reasonable endeavours to obtain and supply a corrected version from the Supplier concerned in the event that such Software should fail to conform to the Published Software Specification, provided always that the Client notifies Morcan of any such non- conformity within 30 days of the date of delivery o...
Quality of Products. Discuss the quality of your products, as well as the quality of custom design.
