Rejected Goods/Shortages. (a) HMRI shall notify Alliance in writing of any claim relating to Material that fail to meet the Specifications, arising from defective manufacture, storage or handling of such Material by Alliance prior to shipment or any shortage in quantity of any shipment of Material within 45 days of receipt of such Material. In the event of such rejection or shortage, Alliance shall replace the rejected Material or make up the shortage within ten business days if replacement stock is available, and in any case as soon as reasonably possible after receiving such notice, at no additional cost to HMRI, and Alliance shall make arrangements with HMRI for the return of any rejected Material, such return shipping charges to be paid by Alliance for Material determined after inspection and testing by Alliance to fail to meet the Specifications. In the event that only a limited supply of Material is available at the time of such rejection or shortage, then Alliance shall ship to HMRI such quantities of Material as are available and HMRI will be promptly reimbursed or credited against future orders, at HMRI's option, for amounts paid for the remaining quantity of rejected Material.
(b) In the event of a disagreement regarding the Material which fail to meet the Specifications which HMRI and Alliance are unable to resolve, a sample of such Material shall be submitted by Alliance to an independent laboratory reasonably acceptable to both parties for testing against the Specifications and the test results obtained by such laboratory shall be final and controlling. The fees and expenses of such laboratory testing shall be borne entirely by the party against whom such laboratory's findings are made. In the event the test results indicate that the Material in question do not conform to the Specifications, Alliance shall replace such Material at no additional cost to HMRI within seven business days after receipt of such results if replacement stock is available, and in any case as soon as reasonably possible after receipt of such results. In the event the test results indicate that the Material in question does conform to the Specifications, HMRI shall pay all additional shipping and transportation costs incurred as a result of the disagreement.
Rejected Goods/Shortages. (a) ZKC shall notify Theraclone in writing of any claim that any Supply Product does not conform to the Specifications or any shortage in quantity of any shipment of Supply Product within [***] of delivery (in accordance with Section 2.4) of such shipment, or, with respect to any claim that Supply Product did not conform to the Specifications at the time of delivery (in accordance with Section 2.4), which claim could not be discovered upon reasonable inspection of the Supply Product (including the testing of Supply Product set forth in Section 3.3 above and routine visual inspection during such [***]) (a “Latent Defect”), within [***] after becoming aware of or receiving notice of such claim. Upon confirming any such nonconformance or shortage (other than Latent Defects, dealt with separately below in Section 4.1(d), Theraclone shall replace the Supply Product or make up the shortage within [***] of receiving such notice, provided that Theraclone has sufficient conforming Supply Product in its inventory to do so (subject to Section 4.1(c) below), and shall make arrangements with ZKC for the return or destruction of any rejected Supply Product, with any reasonable return shipping charges or costs of destruction to be paid by Theraclone.
(b) In the event of a conflict regarding any nonconforming Supply Product which Theraclone and ZKC are unable to resolve, a sample of such Supply Product shall be submitted by ZKC to an independent laboratory reasonably acceptable to both parties for testing against the Specifications, and the test results obtained by such laboratory shall be final and binding upon the parties. The test results shall be considered Confidential Information pursuant to Article 10 hereof. The fees and expenses of such laboratory testing shall be borne entirely by the party against whom such laboratory’s findings are made. In the event the test results indicate that the Supply Product in question does not conform to the Specifications, Theraclone shall replace such Supply Product with conforming Supply Product within [***] after receipt of such results, provided that Theraclone has sufficient conforming Supply Product in its inventory to do so (subject to Section 4.1(c) below).
(c) If sufficient conforming Supply Product is not available for purposes of Sections 4.1(a) or (b), Theraclone shall use its best efforts to replace the nonconforming Supply Product with conforming Supply Product as soon as possible, but in no event shall the replacement...
Rejected Goods/Shortages. (a) Each Party shall immediately notify the other Party of any complaints received by such Party concerning a Product supplied hereunder or any threatened or pending legal proceeding concerning any item of Product. Each Party shall investigate complaints and shall take corrective action to avoid future occurrences.
(b) Within thirty (30) after delivery of a shipment of the Products, Aspire shall notify Shenzhen Yi Jia in writing of any claim of any shortage in quantity of any shipment of the Products. Aspire must notify Shenzhen Xx Xxx in writing of any obvious defects in Products within ninety (90) days after delivery of a shipment of the Products and of latent defects in Products within one hundred eighty (180) days after delivery of a shipment of the Products. In the event of any rejection or shortage and as Aspire’s sole remedy for non-conforming Products, Shenzhen Yi Jia shall issue a credit to Aspire for the amount billed by Shenzhen Yi Jia for the rejected Products, or replace the Products or make up the shortage within fourteen (14) days after receiving such notice and accepting such claim, as described below, at no additional cost to Aspire, and shall make arrangements with Aspire for the return or destruction (as designated by Shenzhen Yi Jia) of any rejected Products, with such return shipping charges or costs of destruction to be paid by Xxxxxxxx Xx Xxx. Upon receipt of such notice and samples or documentation, Shenzhen Yi Jia shall have ten (10) days within which to investigate the claim of shortage or nonconformity and either accept or reject the claim. In the event of acceptance of a claim Xxxxxxxx Xx Xxx shall issue a credit to Aspire within ten (10) days or will replace the Products or make up the shortage within twenty (20) days of receipt of the claim for nonconformity or shortage. Nothing in this Section 4.1 shall be construed to modify or limit Shenzhen’s obligations under its product warranty and its warranties set forth in this Agreement.
(c) In the event of a conflict regarding any non-conforming Products that Aspire and Shenzhen Yi Jia are unable to resolve, a sample of such Products, together with mutually agreed upon questions, shall be submitted by Aspire to an independent third party reasonably acceptable to both Parties for testing against the Specifications. The test results obtained by such third party shall be final and binding upon the Parties and the fees and expenses of such laboratory testing shall be borne entirely by ...
Rejected Goods/Shortages. (a) Notice; Replacement. Purchaser shall notify Aventis in writing of (i) any claim relating to any Product that fails to meet the Specifications, or (ii) any shortage in quantity of any shipment of any Product as soon as reasonably practical, but not later than thirty (30) days (or forty-five (45) days in the event an outside testing laboratory is used) of receipt of such Product. Purchaser shall be deemed to have accepted the Product if it does not provide Aventis written notice of such shortfall or failure to meet Specifications within such thirty (30) day period (or forty-five (45) days in the event an outside testing laboratory is used). If the parties agree that such Product is defective or that there is a shortage, Aventis shall replace the defective Product or use its commercially reasonable efforts to make up the shortage at the next practical delivery date, at no additional cost to Purchaser. Purchaser shall make arrangements with Aventis for the return or disposal of any rejected Product; the costs of such return or disposal shall be paid by Aventis. In the event that only a limited supply of Product is available to replace or supply such rejection or shortage, then Aventis shall ship to Purchaser such quantities of Product as are available and Purchaser will be promptly reimbursed or credited against future orders, at Purchaser’s option, for amounts paid for the remaining quantity of rejected Product.
Rejected Goods/Shortages. AMI will notify Celera of any claim relating to any Specific Celera Product that does not conform to the Specifications or any Distribution Agreement 39 shortage in quantity of any shipment of Specific Celera Products within thirty (30) days after receipt of such shipment. In the event of such claim or shortage that is verified by Celera, AMI’s sole and exclusive remedy will be replacement of the Specific Celera Product or make up of the shortage within sixty (60) days after receiving such notice, at no additional cost to AMI. If Celera reasonably believes it requires more than sixty (60) days to deliver such replacement Specific Celera Product, Celera will request AMI’s prior written approval for a reasonable extension of the replacement date, which will not be unreasonably withheld. Celera will make arrangements with AMI for the return or destruction of any Specific Celera Product that does not conform to the applicable Specifications, such return shipping charges or costs of destruction to be paid by Celera.
Rejected Goods/Shortages. Within 30 days of Unipac's delivery ------------------------ to the carrier (the "Inspection Period") in accordance with the purchase order involved, PixTech shall inspect all FED Devices delivered under this Agreement pursuant to MilStd.105 or such other sampling and inspection methodology and procedures as may be agreed upon by the parties. Written results of such inspection shall be promptly sent to Unipac. Without limiting the foregoing, in accordance with the acceptance provisions of this Section 6.8: (i) PixTech shall promptly notify Unipac in writing with respect to any claim that an FED Device fails to meet Specifications, and (ii) PixTech shall notify Unipac in writing with respect to any shortage in quantity of any shipment of FED Devices within ten (10) business days of receipt of such FED Devices.
6.8.1 PixTech and Unipac recognize that it may not be possible for PixTech to inspect 100% of the quantities delivered within the Inspection Period, and that PixTech will be relying upon commercially reasonable sampling techniques for inspections within the Inspection Period. Accordingly, and without limiting and in addition to the remedies and *Confidential Treatment has been requested for marked portions of this agreement. obligations of Sections 8.3 and 12, PixTech may, under commercially reasonable reject procedures, reject an entire lot in the delivery involved if, within the Inspection Period, such samples of the items involved show a commercially unacceptable number of defects and/or deviations from the requirements of this Agreement, provided however that PixTech must notify Unipac of any such rejection promptly, and in any event no later than three (3) business days of the end of the Inspection Period. For purposes of this Section 6.8.1, a "commercially unacceptable number of defects and/or deviations shall mean that number as agreed in writing between the parties, and "commercially reasonable reject procedures" shall mean those agreed in writing between the parties.
6.8.2 In the event of a proper notice of rejection or shortage in delivery: (i) Unipac shall replace the properly rejected FED Devices or make up the noticed shortage within seven (7) business days of such notification if replacement stock or WIP is available, and in any case as soon as reasonably possible after receiving such notice, at no additional cost to PixTech, and (ii) Unipac shall make arrangements with PixTech for the return of any properly rejected FED Devices pursuant...
Rejected Goods/Shortages. (a) JT shall notify Corixa in writing of any claim that any Materials do not conform to the Specifications or any shortage in quantity of any shipment of Materials within [***]* of receipt of such shipment. Upon confirming any such nonconformance or shortage, Corixa shall [***]* of receiving such notice, [***]* and shall make arrangements with JT for the return or destruction of any rejected Materials, with any reasonable return shipping charges or costs of destruction to be paid by Corixa.
(b) In the event of a conflict regarding any nonconforming Materials which Corixa and JT are unable to resolve, a sample of such Materials, together with mutually agreed upon questions, shall be submitted by JT to an independent laboratory reasonably acceptable to both parties for testing against the Specifications, and the test results obtained by such laboratory shall be final and binding upon the parties. The test results shall be considered confidential information pursuant to Section 13 of the Collaboration Agreement and for purposes of Section 10 hereof. The fees and expenses of such laboratory testing shall be borne entirely by the party against whom such laboratory's findings are made. In the event the test results indicate that the Materials in question do not conform to the Specifications, Corixa shall [***]*. If [***]*, Corixa shall [***]* replace the nonconforming Materials with conforming Materials at no -------- * [***] indicates confidential treatment for omitted text has been requested.
Rejected Goods/Shortages. (a) Notice; Replacement. King shall notify Supplier in writing of any claim relating to Products that fail to meet the Specifications, arising from defective manufacture, storage or handling of such Products by Supplier which occur prior to transfer of Product to King or any shortage in quantity of any shipment of Products as soon as reasonably practical, but not later than [***] (or [***] in the event an outside testing laboratory is used) of receipt of such Products. Provided the parties agree that such Products are defective or that there is a shortage, Supplier shall replace the defective Products or make up the shortage at the time of the next order, [***]. King shall make arrangements with Supplier for the return or disposal of any rejected Products; the costs of such return or disposal shall be paid [***]. In the event that only a limited supply of Products is available to replace or supply such rejection or shortage, then Supplier shall ship to King such quantities of Products as are available and King will be promptly reimbursed or credited against future orders, at King's option, for amounts paid for the remaining quantity of rejected Products.
Rejected Goods/Shortages. (a) Within thirty (30) after delivery of a shipment of the Products, Nature’s Best shall notify LD Technology in writing of any claim of any shortage in quantity of any shipment of the Products. Nature’s Best must notify LD Technology in writing of any obvious defects in Products within ninety (90) days after delivery of a shipment of the Products and of latent defects in Products within one hundred eighty (180) days after delivery of a shipment of the Products. In the event of any rejection or shortage and as Nature’s Best’s sole remedy for non-conforming Products, LD Technology shall issue a credit to Nature’s Best for the amount billed by LD Technology for the rejected Products, or replace the Products or make up the shortage within twenty (20) days after receiving such notice and accepting such claim, as described below, at no additional cost to Nature’s Best, and shall make arrangements with Nature’s Best for the return or destruction (as designated by LD Technology) of any rejected Products, with such return shipping charges or costs of destruction to be paid by LD Technology. Upon receipt of such notice and samples or documentation, LD Technology shall have ten (10) days within which to investigate the claim of shortage or nonconformity and either accept or reject the claim. In the event of acceptance of a claim and as Nature’s Best’s sole remedy for non-conforming Products, LD Technology shall issue a credit to Nature’s Best within ten (10) days or will replace the Products or make up the shortage within twenty (20) days of receipt of the claim for nonconformity or shortage.
(b) In the event of a conflict regarding any non-conforming Products that Nature’s Best and LD Technology are unable to resolve, a sample of such Products, together with mutually agreed upon questions, shall be submitted by Nature’s Best to an independent laboratory reasonably acceptable to both Parties for testing against the Specifications. The test results obtained by such laboratory shall be final and binding upon the Parties and the fees and expenses of such laboratory testing shall be borne entirely by the Party against whom such laboratory’s findings are made. In the event that the test results indicate that the Products in question do not conform to the Specifications and as Nature’s Best’s sole remedy for non-conforming Products, LD Technology shall replace such Products with conforming Products, at no additional cost, to Nature’s Best within twenty (20) days after rec...
Rejected Goods/Shortages. (a) Zambon shall notify Corixa in writing of any claim that any Materials do not conform to the Specifications or any shortage in quantity of any shipment of Materials within [***]* of receipt of such shipment. Upon confirming any such nonconformance or shortage, Corixa shall replace the Materials or make up the shortage within [***]* of receiving such notice, [***]*, and shall make arrangements with Zambon for the return or destruction of any rejected Materials, with any reasonable return shipping charges or costs of destruction to be paid by Corixa. -------- *[***] indicates confidential treatment for omitted text has been requested.
(b) In the event of a conflict regarding any nonconforming Materials which Corixa and Zambon are unable to resolve, a sample of such Materials, together with mutually agreed upon questions, shall be submitted by Zambon to an independent laboratory reasonably acceptable to both parties for testing against the Specifications, and the test results obtained by such laboratory shall be final and binding upon the parties. The test results shall be considered confidential information pursuant to Section 13 of the Collaboration Agreement and for purposes of Section 10 hereof. The fees and expenses of such laboratory testing shall be borne entirely by the party against whom such laboratory's findings are made. In the event the test results indicate that the Materials in question do not conform to the Specifications, Corixa shall replace such Materials with conforming [***]*.
