QUALITY TESTING AND INSPECTION Clause Samples
QUALITY TESTING AND INSPECTION. (a) Agilent will cooperate with Rosetta in developing, and thereafter Agilent will use, the Agilent BSP Quality Plan-Rosetta Inpharmatics defined in EXHIBIT F of this Agreement for determining the quality of, and consistency of manufacturing processes related to, Array Products shipped pursuant to this Agreement as provided in the Specifications. No Array Products will be released that do not meet the Specifications. Rosetta may, at its discretion, inspect and test the Array Products delivered under this Agreement, using Rosetta's standard testing procedures as well as any procedures set forth in the Specifications. If, as a result of such Rosetta test procedures, Rosetta determines that any Array Product fails to conform to the Specifications, Rosetta may reject such Product. Rosetta will give notice of its rejection of any Array Product within [***] of receipt of such Array Product, such notice providing specific and detailed data demonstrating the failure of the Array Product rejected to conform to the Specifications.
(b) If, within [***] of delivery, any Array Product is found by Rosetta to be defective in material or workmanship, Rosetta will have the option to return the Array Product to Agilent for replacement or refund. Such replacements shall be at Agilent's expense.
QUALITY TESTING AND INSPECTION. (a) Seller agrees that it shall establish and maintain best industry practices and standards with respect to test and inspection procedures to ensure the Products conform to the requirements of this Agreement, including, without limitation, all Specifications. Seller shall maintain, and provide copies to Buyer, if requested, of test data documentation that accurately measures and ensures such conformance. Seller shall notify Buyer in writing immediately upon becoming aware of any material, component, design or defect in the Products that is nonconforming or that may be or become harmful to persons or property.
(b) Without limiting Buyer’s inspection rights upon or following delivery, Buyer shall have the right, whether at Seller’s facilities or otherwise, to inspect and test any Product at any point through the Products’ ultimate destination. If Products are found to be defective, in any respect, in whole or in part, then Seller shall promptly repair or replace such Products at Seller’s expense and risk. Upon authorization by ▇▇▇▇▇▇, or if ▇▇▇▇▇▇ is unable, refuses, or does not proceed promptly with such repair or replacement, then Buyer may elect, by contract or otherwise, on Buyer’s premises or elsewhere, to repair or replace such defective Products and assess to Seller the cost incurred by Buyer thereby.
QUALITY TESTING AND INSPECTION. (a) Seller agrees that it shall establish and maintain best industry practices and standards with respect to test and inspection procedures to ensure the Products conforms to the requirements of this Agreement, including without limitation, all Specifications. Seller shall maintain and provide copies upon request to Buyer of test documentation that accurately measures and ensures such conformance with Buyer’s safety standards and compliance with industry best practices. Seller shall also maintain, and provide copies to Buyer, if requested, of test process instructions that accurately measure the testing results and processes and ensure such conformance. If Seller becomes aware of any defects in its Products, it must immediately notify Buyer in writing and replace the defective Products at Seller’s sole expense.
(b) Buyer shall have the right to inspect and test any Product at any time through the Products’ ultimate destination. Non-conforming Products indentified by such inspections shall be hand lewd in accordance with section 7 herein.