Recall of Goods Sample Clauses

Recall of Goods. (a) If either Kew or the Supplier is the subject of a directive, court order or other request of a governmental or regulatory authority to withdraw any Goods from the market (Recall Notice) it shall immediately notify the other party in writing enclosing a copy of the Recall Notice. (b) In the event Kew or the Supplier is the subject of a Recall Notice, or the Supplier voluntarily decides to recall any Goods because such Goods may violate any laws or regulations or for any other reason: (i) the Parties shall cooperate fully with one another in connection with any recall; and (ii) Supplier shall reimburse Kew for the price paid by Kew for such recalled Xxxxx, all of the costs and expenses actually incurred by Kew in connection with the recall including, but not limited to, costs of retrieving Goods already delivered to customers, costs and expenses Kew is required to pay for notification, shipping and handling charges, and such other costs as may be reasonably related to the recall.
AutoNDA by SimpleDocs
Recall of Goods. If Seller becomes aware that any ingredient in the goods is or may become harmful to persons or property, or that the design or construction of the goods or services is defective in any manner which is or may become harmful to persons or property, or if Seller otherwise breaches any of its warranties to Buyer hereunder, Seller shall immediately give notice thereof, including all relevant information with respect thereto, to Buyer, and Seller shall indemnify, defend and hold Buyer, its successors, assigns, shareholders, officers, directors, employees, agents, customers and those selling or using its products, and any affiliated company of Buyer, and its officers, directors, shareholders, employees, customers, agents and the users of its products, harmless from and against any and all damages, liabilities, claims, losses, costs, expenses and fees (including reasonable attorneys’ fees) paid or incurred by them arising out of or relating or incidental to such goods or services provided by Seller, including, without limitation, any costs associated with recalling products developed, manufactured, or created by Buyer with the aid of such goods or services. Buyer may, at its option, be represented by and actively participate through its own counsel in any suit or action against the foregoing persons and entities. Should Buyer, either voluntarily or involuntarily, initiate a recall of such products, or if a governmental agency shall take action with respect to them, Seller shall assist and cooperate with Buyer in all respects with said recall, including, but not limited to, developing a recall strategy for the products and working with Buyer and any applicable governmental agency in monitoring Buyer’s recall operation and in preparing and furnishing such reports, records or other such information as is necessary in connection therewith, and Seller agrees to pay all costs associated with such recall.
Recall of Goods. Novartis Kupující /Buyer
Recall of Goods. If Seller becomes aware that any goods provided by Seller to DPI are, may be, or may become harmful to anyone or anything or that the goods are defective or adulterated in any manner, Seller shall immediately give notice to DPI, which notice shall include, without limitation, all relevant information with respect thereto. If (a) Seller, either voluntarily or involuntarily, initiates a recall of any goods provided by Seller to DPI, (b) DPI, either voluntarily or involuntarily, initiates a recall of any such goods or any products containing or incorporating any such goods, and/or (c) a government agency takes action with respect to any such goods or any products containing or incorporating any such goods, Seller shall assist and cooperate with DPI in all respects of the recall. In the event of any such recall of any goods provided by Seller to DPI or any products containing or incorporating such goods, the Seller shall, in addition to any other rights or remedies available to DPI hereunder or under applicable law, indemnify and hold harmless DPI for all of its costs and expenses associated with such recall.
Recall of Goods. 15.1. In the unlikely event that commercial, safety or legal considerations should lead to a product being recalled from the market, the Buyer is obliged to assist Dancrimp with such a recall free of charge, however, against repayment of the price of the product. 15.2. If the cancellation is due to the Buyer not having sufficiently ensured that the goods comply with legislation outside Denmark, including securing all necessary approvals for the sale of the goods to the Buyer, the Buyer shall bear the costs of the cancella- tion.
Recall of Goods. If the Goods are recalled for any reason, the Supplier must: (a) immediately advise TfNSW of the recall; (b) comply with all laws relating to the recall; (c) promptly comply with any direction by TfNSW to remove the Goods from TfNSW’s premises and provide to TfNSW a complete refund for those recalled Goods; and (d) pay all costs associated with the recall.
Recall of Goods. 6.1 If either party becomes aware that it is necessary or desirable to withdraw any Goods from the marketplace because: (a) the Goods do not comply with the requirements of this Contract; (b) the Goods do not comply with relevant Laws and/or applicable industry codes; (c) the Goods are defective or damaged; or (d) a relevant authority has ordered or directed, or is likely to order or direct, that the Goods be withdrawn; that party must immediately notify the other party of that fact. 6.2 In addition to the rights set out in clause 6.1, ESS may recall Goods for any reason in its absolute discretion. 6.3 ESS is responsible for carrying out any recall of Goods and will bear the costs of any recall of such Goods unless the need for the recall is caused by the Purchaser’s negligence. 6.4 Subject to clause 6.3, the Purchaser will cooperate with ESS with respect to the recall of any Goods, at the Purchaser’s cost, unless the need for the recall is caused by ESS negligence.
AutoNDA by SimpleDocs

Related to Recall of Goods

  • Supply of Goods 6.1 In consideration of UKRI’s agreement to pay the Charges, the Supplier shall supply all Goods in accordance with the Agreement and any Contract. In particular, the Supplier warrants that the Goods shall: (a) conform with their description in the specifications (including the Specification), drawings, descriptions given in quotations, estimates, brochures, sales, marketing and technical literature or material (in whatever format made available by the Supplier) supplied by, or on behalf of, the Supplier; (b) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) and fit for any purpose held out by the Supplier or made known to the Supplier by UKRI, expressly or by implication, and in this respect UKRI relies on the Supplier's skill and judgement. The Supplier acknowledges and agrees that the approval by UKRI shall not relieve the Supplier of any of its obligations under this sub-clause; (c) where applicable, be free from defects (manifest or latent), in materials and workmanship and remain so for 12 months after Delivery; (d) be free from design defects; (e) comply with all applicable statutory and regulatory requirements relating to the manufacture, labelling, packaging, storage, handling and delivery of the Goods; (f) be supplied in accordance with all applicable legislation in force from time to time; and (g) be destined for supply into, and fully compliant for use in, the United Kingdom (unless specifically stated otherwise in the Specification). 6.2 In supplying the Goods, the Supplier shall co-operate with UKRI in all matters relating to the supply of the Goods and comply with all of UKRI’s instructions. 6.3 The Supplier shall ensure that at all times it has and maintains all the licences, permissions, authorisations, consents and permits that it needs to carry out its obligations under the Agreement. 6.4 UKRI and its representatives shall have the right to inspect and test the Goods at any time before Delivery. 6.5 If following such inspection or testing UKRI considers that the Goods do not conform or are unlikely to comply with the Supplier's undertakings at clause 6.1, UKRI shall inform the Supplier and the Supplier shall immediately take such remedial action as is necessary to ensure compliance. 6.6 Notwithstanding any such inspection or testing, the Supplier shall remain fully responsible for the Goods and any such inspection or testing shall not reduce or otherwise affect the Supplier's obligations under this Agreement, and UKRI shall have the right to conduct further inspections and tests after the Supplier has carried out its remedial actions. 6.7 UKRI’s rights under the Agreement are without prejudice to and in addition to the statutory terms implied in favour of UKRI under the Sale of Goods Act 1979, the Supply of Goods and Services Act 1982 and any other applicable legislation as amended.

  • REJECTION OF GOODS Notwithstanding any other rights of, or remedies available to UNDP under the Contract, in case any of the Goods are defective or otherwise do not conform to the specifications or other requirements of the Contract, UNDP, at its sole option, may reject or refuse to accept the Goods, and within thirty (30) days following receipt of notice from UNDP of such rejection or refusal to accept the Goods, the Contractor shall, in sole option of UNDP: 11.7.1 provide a full refund upon return of the Goods, or a partial refund upon a return of a portion of the Goods, by UNDP; or, 11.7.2 repair the Goods in a manner that would enable the Goods to conform to the specifications or other requirements of the Contract; or, 11.7.3 replace the Goods with Goods of equal or better quality; and, 11.7.4 pay all costs relating to the repair or return of the defective Goods as well as the costs relating to the storage of any such defective Goods and for the delivery of any replacement Goods to UNDP.

  • QUALITY OF GOODS 5.1 Voip Unlimited warrants that on delivery, the Goods shall: (a) conform in all material respects with the Goods Specification; (b) be free from material defects in design, material and workmanship; (c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and (d) be fit for any purpose held out by Voip Unlimited. 5.2 Subject to clause 5.3, if: (a) the Customer gives notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1; (b) Voip Unlimited is given a reasonable opportunity of examining such Goods; and (c) the Customer (if asked to do so by Voip Unlimited) returns such Goods to Voip Unlimited's place of business at Voip Unlimited's cost, Voip Unlimited shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full. 5.3 Voip Unlimited shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if: (a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2; (b) the defect arises because the Customer failed to follow Voip Unlimited's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; (c) the defect arises as a result of Voip Unlimited following any drawing, design or Goods Specification supplied by the Customer; (d) the Customer alters or repairs such Goods without the written consent of Voip Unlimited; (e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; (f) the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards. 5.4 Except as provided in this clause 5, Voip Unlimited shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1. 5.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited under clause 5.2.

  • Procurement of Goods Part A: General Goods shall be procured in accordance with the provisions of Section I of the "Guidelines for Procurement under IBRD Loans and XXX Credits" published by the Bank in January 1995 and revised in January 1996 (the Guidelines) and the following provisions of this Section, as applicable. Part B: International Competitive Bidding

  • Sale of Goods The Hirer shall, if selling goods on the premises, comply with Fair Trading Laws and any code of practice used in connection with such sales. In particular, the Hirer shall ensure that the total prices of all goods and services are prominently displayed, as shall be the organiser’s name and address and that any discounts offered are based only on Manufacturers’ Recommended Retail Prices.

  • Release of Goods 1. Each Party shall adopt or maintain simplified customs procedures for the efficient release of goods in order to facilitate trade between the Parties. 2. Pursuant to paragraph 1, each Party shall adopt or maintain procedures that: (a) provide for the immediate release of goods upon receipt of the customs declaration and fulfillment of all applicable requirements and procedures; (b) provide for the electronic submission and processing of documentation and data, including manifests, in advance of the arrival of the goods in order to expedite the release of goods from customs control upon arrival; (c) allow goods to be released at the point of arrival without requiring temporary transfer to warehouses or other facilities; and (d) require that the importer be informed if a Party does not promptly release goods, including, to the extent permitted by its law, the reasons why the goods are not released and which border agency, if not the customs administration, has withheld release of the goods. 3. Each Party shall adopt or maintain procedures that provide for the release of goods prior to a final determination and payment of any customs duties, taxes, fees, and charges imposed on or in connection with importation of the goods, when these are not determined prior to or promptly upon arrival, provided that the goods are otherwise eligible for release and any security required by the importing Party has been provided. 4. If a Party allows for the release of goods conditioned ona security, it shall adopt or maintain procedures that: (a) ensure that the amount of the security is no greater than that required to ensure that obligations arising from the importation of the goods will be fulfilled; (b) ensure that the security shall be discharged as soon as possible after its customs administration is satisfied that the obligations arising from the importation of the goods have been fulfilled or, for instruments covering multiple entries, until it is no longer required by the customs administration; and (c) allow an importer to provide security using a non-cash financial instrument, including, if applicable, when an importer frequently enters goods, an instrument covering multiple entries. 5. Nothing in this Article requires a Party to release a good if its requirements for release have not been met nor prevents a Party from liquidating a security in accordance with its law. 6. Each Party shall allow, to the extent practicable, goods intended for import to be moved within its territory under customs control from the point of entry into the Party's territory to another customs office in its territory from where the goods are intended to be released, provided the applicable regulatory requirements are met.

  • RETURN OF GOODS BUYER is entitled to return any GOODS that are not in full compliance with this AGREEMENT. SELLER will reimburse BUYER the PRICE of such GOODS plus all reasonable costs and expenses associated with such return.

  • ACCEPTANCE OF GOODS Under no circumstances shall UNDP be required to accept any Goods that do not conform to the specifications or requirements of the Contract. UNDP may condition its acceptance of the Goods upon the successful completion of acceptance tests as may be specified in the Contract or otherwise agreed in writing by the Parties. In no case shall UNDP be obligated to accept any Goods unless and until UNDP has had a reasonable opportunity to inspect the Goods following delivery. If the Contract specifies that UNDP shall provide a written acceptance of the Goods, the Goods shall not be deemed accepted unless and until UNDP in fact provides such written acceptance. In no case shall payment by UNDP in and of itself constitute acceptance of the Goods.

  • Classification of Goods The classification of goods in trade between the Parties shall be in conformity with the Harmonized System.

  • Inspection of Goods 8.1 The Buyer shall inspect the goods upon delivery. 8.2 Where goods are damaged the Buyer shall notify the Supplier. The Buyer may reject the damaged goods and the following provisions shall apply: 8.2.1 the Supplier shall collect the damaged goods from the Buyer at the Supplier’s expense; 8.2.2 during the period between delivery of the goods to the Buyer and collection by the Supplier, the Buyer shall not be liable for any loss or further damage caused to the damaged goods; 8.2.3 all sums payable by the Buyer in relation to the damaged goods shall cease to become payable; 8.2.4 all sums paid by the Buyer in relation to the damaged goods shall be repaid by the Supplier immediately; 8.2.5 the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the goods being damaged. 8.3 Where there are shortages in the order the Buyer shall notify the Supplier and the following provisions shall apply: 8.3.1 all sums payable by the Buyer in relation to the missing goods shall cease to become payable; 8.3.2 all sums paid by the Buyer in relation to the missing goods shall be repaid by the Supplier immediately; 8.3.3 the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the shortages. 8.4 If the Buyer so requests, the Supplier shall immediately replace damaged goods or supply goods which are missing at the Supplier’s expense or the Buyer shall be entitled to cancel, without notice, the whole or any unexecuted part of the order and the rights referred to in Clause 5.2 shall apply. 8.5 Where there is an excess of goods in relation to the order the Buyer may reject the excess goods by notice in writing to the Supplier and the following provisions shall apply: 8.5.1 the Supplier shall collect the excess goods from the Buyer at the Supplier’s expense; 8.5.2 during the period between delivery of the goods and collection by the Supplier, the Buyer shall not be liable for any loss or damage caused to the excess goods; 8.5.3 no sum shall be due to the Supplier for the excess goods and in the event that sums are paid to the Supplier for the excess goods, the Supplier shall repay such sums to the Buyer immediately. 8.6 The Buyer may accept excess goods by notifying the Supplier of such acceptance and the price of the excess goods shall be payable by the Buyer. 8.7 The Supplier shall repair or replace free of charge, goods damaged or lost in transit upon receiving notice to that effect from the Buyer. 8.8 The Buyer’s signature on any delivery note of the Supplier is evidence of the number of packages received only and not evidence of the correct quantity of goods received or that the goods are in a good condition or of the correct quality.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!