Recalls and Other Field Actions Sample Clauses

Recalls and Other Field Actions. If ReShape Medical initiates a recall or other field action for any products, Distributor is required to implement such recall or other field action (including location and retrieval of the recalled product) with respect to Distributor's customers in accordance with the instructions provided by ReShape Medical. The minimum requirements for managing recalls and other field actions affecting ReShape Medical Products include the following: Recalls and other field actions must be acted upon immediately by Distributor after receiving the notification packet from ReShape Medical. An acknowledgement of the receipt of the field action notice must be promptly sent to ReShape Medical. Distributor must follow the instructions contained in the notification packet and ensure that actions are carried out in accordance with the timeframe specified. Where directed in the notice, Distributor must retrieve products from the following applicable locations: Distributor warehouse(s) inventories In-transit from ReShape Medical to Distributor Customer locations: whether sold, consigned or samples At least three (3) due diligent attempts must be performed and documented to try to retrieve products from customers. Once all product retrieval actions have been completed, the recalled stock must be reported to ReShape Medical using the Verification Form contained in the notification packet. (Note: the quantities documented on the verification forms must match the units physically returned to ReShape Medical.) The units must be returned to ReShape Medical following the instructions contained in the notification packet. ReShape Medical agrees at its option either to refund the purchase price, or to replace recalled products within a reasonable time at its expense unless the recall is attributable to Distributor's actions.

Recalls and Other Field Actions i) In the event of any action taken to remove from the field or correct a Product or to notify third parties of a Product’s defectiveness or potential defectiveness, including recalls, market withdrawals, “dear doctor letters” or other corrections (collectively, a “Field Action”), Distributor and Neauvia shall cooperate in good faith to perform or resolve such Field Action. As the regulatory manufacturer, Neauvia is primarily responsible for determining when a Field Action is appropriate. ii) Distributor will be responsible for implementing each Field Action within its distribution channel’s control, at Neauvia’s reasonable request, and Neauvia shall reimburse Distributor for its reasonable out-of-pocket costs incurred in performing each Field Action. In the event of a Field Action, Distributor shall cooperate fully with Neauvia including taking all reasonable actions to secure the recovery from its end customers of recalled Products.