REJECTED PRODUCT Sample Clauses

REJECTED PRODUCT. Supplier shall notify SPANSION of problems associated with Consigned Components/Hardware on a regular basis and shall return defective Consigned Components/Hardware as directed by SPANSION. For problems mutually determined to be due to a problem with a Consigned Component/Hardware or the Specifications, SPANSION shall compensate Supplier on a mutually agreed schedule to reimburse Supplier for its actual costs for material and labor. For problems mutually determined to be due to a problem with workmanship, SPANSION shall not compensate Supplier for any material, labor, or related expenses. If the parties are unable to mutually agree as to the cause of the problem, then the parties may engage a mutually agreed independent third party expert to determine the cause of the problem, and the fees and expenses associated with engaging such expert shall be borne by the party whose assertion of the cause of the problem was incorrect.

REJECTED PRODUCT. Customer must segregate and must not use any Product for any human clinical testing or trials or any other purpose (other than compliance testing pursuant to this Section 6) after it becomes aware of a basis for rejection or a Defect Notice. On a final determination that any Product is Defective, Customer must either (a) return all remaining Product to CMC, or (b) destroy all remaining Product, in either case, at CMC’s election and as soon as possible after request by CMC.

REJECTED PRODUCT. If Nifco rejects any portion of the Product, Nifco has the right, effective upon written notice to Supplier, to: (i) rescind the applicable Purchase Order in its entirety;

REJECTED PRODUCT. When Product is rejected, due to warranty non-conformance or declined after evaluation; it must be removed by the Contractor from the premises of the receiving entity within ten calendar days of notification of rejection by Authorized User. Contractor may accomplish removal by providing a pre-paid self-addressed mailer for the return of Software to the Contractor. Upon request from Contractor, Authorized User shall certify in writing that the Product has been removed from all computer systems and all related documentation has been returned to the Contractor. Upon rejection notification, risk of loss to rejected or non-conforming Product shall remain with Contractor. Rejected items not removed by the Contractor within ten calendar days of notification shall be regarded as abandoned by the Contractor, and the Authorized User shall have the right to dispose of the items as its own property. The Contractor shall promptly reimburse the Authorized User for any and all costs and expenses incurred in storage or effecting removal or disposition.

REJECTED PRODUCT. Buyer may reject a Product if such Product does not conform to the Product Specifications. In the event of a conflict regarding whether any Product conforms to the Product Specifications, Buyer shall submit a representative number of samples of such Product to an independent laboratory acceptable to Supplier and Buyer for testing. 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 a Product in question does not conform to the Product Specifications, Supplier shall replace the Product at no additional cost to Buyer and shall pay all additional destruction and/or shipping and transportation costs for said non-conforming Product.

REJECTED PRODUCT. Prometheus shall use Commercially Reasonable Efforts to visually inspect each shipment of Product delivered to it hereunder for visible damage. In the event Novartis supplies any Product to Prometheus and it is established that such Product is Non-Conforming, the following shall apply: (i) Prometheus shall promptly notify Novartis in writing within [***] Business Days after receipt of such Non-Conforming Product, or in the case of any concealed or latent Non-Conformity, promptly in writing within [***] Business Days upon discovery of such Non-Conformity (the “Rejected Product”); (ii) If no notification is made as stated in subsection (i) above, subject to subsection (v) below, Prometheus will be deemed to have accepted any delivered Product, provided that any failure to timely reject any Non-Conforming Product shall not affect Prometheus’ ability to make a breach of warranty claim or otherwise seek indemnification from Novartis pursuant to this Agreement, other than with respect to any Non-Conformity which a timely inspection would have discovered if Prometheus or its designated agent adhered to its standard SOPs for incoming inspection for products similar to the Product. ***Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. (iii) Prometheus shall return the Non-Conforming Product to Novartis or destroy it, as per Novartis’ written request and instructions and at Novartis’ sole cost and expense; (iv) Subject to subsection (v) below, provided that Prometheus returns or destroys Rejected Product to Novartis in accordance with subsection (iii) and, upon Novartis written request, delivers to Novartis a certified destruction report of the Rejected Product (if applicable), Novartis shall promptly credit Prometheus an amount equal to the price paid by Prometheus for such Rejected Product, including but not limited to all freight, duties, taxes and insurance charges incurred by Prometheus in connection with the delivery of the Rejected Product; (v) In the event that any concealed or latent defect causing the Non-Conformity is attributable to the actions, omissions or breach of this Agreement by Prometheus, Novartis shall not have any responsibility for the purchase price credit for such Rejected Product nor bear any other costs, including but not limited to all freight, duties, taxes and insurance charges in connection with the delivery of new ...

REJECTED PRODUCT. 6.1 NEW ALPHA will inspect pursuant to New Alpha Review and Release, and GENERICO will inspect pursuant to Generico Manufacturing, each batch of Product and Pipeline Product for compliance with the Specifications, cGMPs, the FDCA and any and all other applicable Legal Requirements. If after inspection of Product or Pipeline Product NEW ALPHA notifies GENERICO, or GENERICO notifies NEW ALPHA, that any Product or Pipeline Product is non-compliant, as determined by such Party’s testing and inspection of the Product or Pipeline Product, the Parties will in good faith attempt to mutually determine whether the failure of the Product or Pipeline Product, as applicable, to comply is a result of Generico Manufacturing or New Alpha Manufacturing and the provisions of Section 6.2 will apply; provided, however, that the provisions of Section 6.2 will not apply (and thus GENERICO will Note: Redacted portions have been marked with (***). The redacted portions are subject to a request for confidential treatment that has been filed with the Securities and Exchange Commission. have no responsibility or liability relating to any non-compliance) with respect to any Pipeline Products in clause (A) or (B) of such definition unless, in any quarter beginning with the first quarter ending after the Effective Date, (***) of such Pipeline Products are non-compliant; provided further, that Pipeline Products shall only be determined non-compliant if GENERICO fails to perform Generico Manufacturing according to the Specifications for such Pipeline Product provided by NEW ALPHA. 6.2 If the Parties are unable to mutually determine whether the failure of the Product or Pipeline Products to comply is a result of Generico Manufacturing or New Alpha Manufacturing within 60 days of the delivery of a rejection notice by either Party, such dispute will be resolved by an independent, FDA-approved testing organization or consultant of recognized repute within the U.S. pharmaceutical industry, to be mutually designated by the Parties, the designation of which will not be unreasonably withheld or delayed by either Party. To the extent the Parties are unable to agree on a testing organization or consultant, each Party will designate one such entity and those two entities will agree on a mutually acceptable testing entity. The testing entity of the Product shall determine the source of the non-compliance (i.e., Generico Manufacturing or New Alpha Manufacturing). Both Parties will provide the testing...

REJECTED PRODUCT. If Flinders Council rejects any Product under clause 5.3, the Supplier must within 7 days of the Supplier receiving notification of the rejection, and without prejudice to the Flinders Council’s rights otherwise arising under this Agreement or at law: (a) remove the Non-Complying Product from the Delivery Site (at the Supplier’s cost); and‌ (b) as soon as practicable replace, without cost to Flinders Council, the Non-Complying Product with Product that complies in all respects with this Agreement.

REJECTED PRODUCT. 9.1 The relevant ABI Party will inspect each lot of the Product for compliance with the Specifications upon receipt. If within 60 days after receipt of the Product the ABI Party notifies APP in writing that it does not meet the Specifications as determined by the ABI Party's testing and inspection of the Products, APP will replace the Product, subject to Section 9.2, at APP's expense ----------- within 45 days of such notice. APP will pay for shipping charges to deliver such replacement Products to ABI or its designee. 9.2 If APP disputes the ABI Party's rejection of all or part of any shipment of the Product as set forth in Section 9.1, it will notify the ABI ----------- Party in writing within 10 days of receipt of ABI's rejection notice. If such dispute is not resolved by mutual agreement of the Parties within 60 days of the ABI Party's notice, such dispute will be resolved by an independent, FDA- approved testing organization or consultant of recognized repute within the U.S. pharmaceutical industry, to be mutually designated by the Parties, the designation of which will not be unreasonably withheld or delayed by either Party. The determination by the testing entity of the Products' material compliance or material non-compliance with the Specifications will be final and binding upon the Parties. The fees and expenses of the testing entity making the determination will be paid by the Party against which the determination is made. If the testing entity determines that part or all of the shipment does not materially comply with the Specifications, APP will, at the relevant ABI Party's election, replace the Product at APP's expense or credit amounts already paid by the ABI Party within 30 days of such determination.