Rejection and Cure. Buyer may reject Services if such Services fail to meet the Acceptance Criteria. In the event of such a rejection, Buyer shall give its reasons for rejection to Seller in writing with a description of deficiencies. In such event, Seller shall, at no additional charge to Buyer, correct any deficiencies and resubmit the rejected Services within the timeframe requested by Buyer or if no time frame is requested, as promptly as reasonably possible, until the Services are accepted. The acceptance process in this Section 8(a) (Acceptance) shall apply to any resubmitted Services, including a new Acceptance Period.
Rejection and Cure. Upon receipt of each shipment of Product, NuVasive or its customers shall perform an initial physical inspection of such Product and review any related documentation. If any Product (including without limitation any documentation related thereto) fails, in whole or in part, to conform to the applicable Specifications and the terms hereof, or if any Product is not Processed in accordance with cGTP or applicable Laws, then NuVasive shall have the right to reject such nonconforming Product. NuVasive shall give written notice to Osiris of its rejection hereunder as soon as possible, but no more than thirty (30) days after NuVasive’s or its customer’s receipt of such shipment, specifying the grounds for such rejection. If at any time thereafter NuVasive discovers a Latent Defect, NuVasive shall give written notice to Osiris of its rejection hereunder as soon as possible, but no more than ninety (90) days after NuVasive’s receipt of the Product, specifying the grounds for such rejection. The nonconforming Product shall be held for Osiris’s disposition, or shall be returned to Osiris, in each case at Osiris’s expense, as directed by Osiris. Osiris shall use commercially reasonable best efforts to correct the root cause of the nonconformance in order to comply with the requirements of the applicable Specification. In addition, Osiris shall, at its expense, promptly replace each nonconforming Product with conforming Product.
Rejection and Cure. (a) Blood Screening Assays and Clinical Diagnostic Assays. If a shipment of Blood Screening Assays or Clinical Diagnostic Assays or any portion thereof is spoiled, damaged or defective, or fails to have the appropriate remaining life, then Chiron shall have the right to reject such shipment or the portion thereof that fails to so conform, as the case may be. Chiron shall give written notice to Gen-Probe of its rejection hereunder, within thirty (30) days after Chiron's receipt of such shipment, specifying the grounds for such rejection. All or any part of any shipment may be held for Gen-Probe' disposition, at Gen-Probe's expense if found to be not in conformance with the applicable specifications. Gen-Probe shall use its Commercially Reasonable Efforts to cure such rejection or replace such rejected shipment (or portion of shipment) after receipt of notice of rejection thereof.
Rejection and Cure. If a shipment of ASRs pursuant to this Article 4, or any portion thereof, is spoiled, damaged or defective, then Quest shall have the right to reject such shipment or the portion thereof that fails so to conform, as the case may be, within thirty (30) days of Quest's receipt of such ASRs. Quest shall give written notice to diaDexus of its rejection hereunder within thirty (30) days after Quest's receipt of such shipment, specifying the grounds for such rejection. Quest shall hold such rejected shipment, or portion thereof, for disposition by diaDexus. diaDexus shall use its commercially reasonable efforts to cure such rejection or replace such rejected reagents within thirty (30) days after receipt of written notice of rejection.
Rejection and Cure. For the Product Issues supported by undisputed evidence:
Rejection and Cure. If in Buyer’s opinion, a delivery of Data fails to meet the specifications of the applicable Purchase Order, Buyer shall deliver to Reseller a written list detailing each failure, and Reseller shall inform Seller of the defects, and Seller shall promptly deliver to Reseller who in turn shall deliver to Buyer, any Data necessary to remedy each failure, at no expense to Reseller, or Buyer.
Rejection and Cure. If a shipment of Clinical Trial Products or any portion thereof (i) fails to conform to the applicable Product Specifications, (ii) was not Processed in accordance with applicable laws or regulations or GMP, or (iii) is delivered with a material shortage or any overage of Clinical Trial Products, then CTI shall have the right to reject such nonconforming shipment of Clinical Trial Products or the nonconforming portion thereof, as the case may be. CTI shall give written notice to Hercon of its rejection hereunder, within thirty (30) days after CTI’s receipt of such shipment, specifying the grounds for such rejection; provided, however, that in the event such defect is latent or was not obvious and could not be readily discovered from a physical inspection of the Clinical Trial Products shipment, CTI may give written notice to Hercon of its rejection of such shipment within sixty (60) days after CTI's discovery of such non-conformance. The nonconforming shipment of Clinical Trial Products, or the nonconforming portion thereof, shall be held for Hercon’s disposition, or shall be returned to Hercon, in each case at Hercon’s expense, as directed by Hercon. Hercon shall use its commercially reasonable efforts to replace each nonconforming shipment of Clinical Trial Products, or the nonconforming portion thereof, with conforming Clinical Trial Products as soon as reasonably practicable after receipt of notice of rejection thereof, and in any event shall do so within ninety (90) days after the receipt of replacement Nitroglycerin Adhesive Mixture which shall be ordered no later than thirty (30) days after receipt of notice of rejection thereof. In the event of a dispute regarding any non-conforming Clinical Trial Products which CTI and Hercon are unable to resolve, a sample of such Clinical Trial Products, together with mutually agreed upon questions, shall be submitted by CTI to an independent laboratory reasonably acceptable to both parties for testing against the Product Specifications, and the test results ("Test Results") obtained by such laboratory shall be final and binding upon the parties save for manifest error on the face of the laboratory’s report. The outside testing laboratory shall be required to enter into written undertakings of confidentiality at least as restrictive as those set forth herein. The fees and expenses of such laboratory testing, and all additional shipping and transportation costs incurred as a result of the dispute, shall be borne ...
Rejection and Cure. If a shipment of Product or any portion thereof is spoiled, damaged or defective, then Trinity shall have the right to reject such shipment of the Product or the portion thereof that fails to so conform, as the case may be. Trinity shall give written notice to IRC of its rejection hereunder, within sixty (60) days following the date on which such shipment was delivered, specifying the grounds for such rejection. All or any part of any shipment may be held for IRC's disposition and at IRC's expense if found to be not in conformance with the Product Specifications. No claims with respect to rejected Product shall be in an amount greater than the purchase price of such Product; provided, however, that IRC shall use its commercially reasonable efforts to cure such rejection or replace such spoiled, damaged or defective shipment of Product within, ninety (90) days after receipt of notice of rejection thereof. Should cover be utilized, IRC shall be responsible for the cost of such cover pertaining to the rejected Product in question. If no notice of rejection is given by Trinity within such sixty (60) day period, the shipment of the Product shall be deemed to have been accepted.
Rejection and Cure. Customer shall notify Albemarle within one hundred twenty (120) days of Albemarle’s delivery of any batch of Product if it believes that the batch, or any portion thereof, was damaged, defective or did not conform to the Specifications or Applicable Law. In addition to any remedy available to Customer under Sections 2.5.2(b), 2.10 or 6.1.2, Customer’s sole remedy under this Section 3.5 against Albemarle for any failure to supply a batch of conforming Product is expressly limited to one of the following (as may be elected by Customer at its sole option):
Rejection and Cure. If in RESELLER 's opinion, a delivery of Products fails to meet the specifications of the applicable Purchase Order, RESELLER shall deliver to ESI/ISPWN/WLS a written list detailing each failure, and ESI/ISPWN/WLS shall promptly deliver to RESELLER any Products necessary to remedy each failure, at no expense to RESELLER.
