Rejection and Cure. Customer shall notify Albemarle within one hundred twenty (120) days of Albemarle’s shipment of any batch of Product if it believes that the batch 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(c), 2.10 or 6.1.2, Customer’s 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):
(i) Albemarle will provide a replacement batch of conforming Product to Customer at no additional cost and on a schedule acceptable to Customer and reimburse Customer for the shipping and micronization costs, if any, incurred by Customer for the non-conforming batch, or
(ii) refund within 10 business days to the Customer the full aggregate Price for such non-conforming batch of Product, plus shipping and micronization costs, if any, incurred by the Customer with respect to such non-conforming batch of Product. This limitation shall apply to all claims with respect to non-conforming Product under this Section 3.5, whether stated in contract, warranty, tort, strict liability, infringement of third party rights or any other legal or equitable claim whatsoever. If Albemarle disputes the above referenced notice of rejection with respect to non-conforming Product, the Parties will each retest the rejected Product within thirty (30) days of Albemarle’s notice of dispute. If the Parties, after retesting the rejected Product continue to have conflicting test results, the matter shall be referred to a laboratory selected by Customer from the list included on Exhibit H (or other mutually agreed upon laboratory) to perform tests on representative samples from the rejected portion of the shipment. The results of such tests will be binding upon Customer and Albemarle. If the laboratory determines that the Product was non-conforming, Albemarle will pay for all laboratory charges; if the laboratory determines that Customer rejected the Product in error, then Customer will pay for all laboratory charges. Rejected Product will be returned to Albemarle or disposed of at Albemarle’s expense in accordance with Albemarle’s instructions, in which case Customer will deliver to Albemarle an appropriate certificate of destruction. If Albemarle requests, Customer will make its personnel available on a reasonable basis to work with Albemarle in order to assist Alb...
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.
(b) Blood Screening Instruments and Clinical Diagnostic Instruments. If any Blood Screening Instrument or Clinical Diagnostic Instrument is damaged, defective or fails to conform to the specifications therefor, then Chiron shall have the right to reject such damaged, defective or nonconforming Blood Screening Instrument or Clinical Diagnostic Instrument. Chiron shall give written notice to both Gen-Probe and any manufacturer designated by Gen-Probe of its rejection hereunder, within ten (10) days after installation of such Instrument, specifying the grounds for such rejection. The Blood Screening Instrument or Clinical Diagnostic Instrument shall be held for Gen-Probe's disposition, at Gen-Probe's expense, if found to be damaged, defective or nonconforming. Gen-Probe shall use its Commercially Reasonable Efforts to replace such rejected Blood Screening Instrument or Clinical Diagnostic Instrument after receipt of notice of rejection thereof.
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 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. 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. If a shipment of Developed Product or any portion thereof fails to conform to the Specifications, then Alpharma shall have the right to reject such nonconforming shipment of Developed Product or the nonconforming portion thereof, as the case may be, in accordance with the following:
Rejection and Cure. If a shipment of Commercial Products or any portion thereof fails to conform to the applicable Commercial Product Specifications, then Watsxx xxxll have the right to reject such nonconforming shipment of Commercial Products or the nonconforming portion thereof, as the case may be. Watsxx xxxll give written notice to Halsxx xx its rejection hereunder, within forty five (45) days after Watsxx'x xxxeipt of such shipment, specifying the grounds for such rejection. The nonconforming shipment of Commercial Products, or the nonconforming portion thereof, shall be held for Halsxx'x xxxposition, or shall be returned to Halsxx, xx each case at Halsxx'x xxxense, as directed by Halsxx. Xxlsxx xxxll use its commercially reasonable efforts to replace each nonconforming shipment of Commercial Products, or the nonconforming portion thereof, with conforming Commercial Products as soon as reasonably practicable after receipt of notice of rejection thereof, and in any event shall do so within forty five (45) days after receipt of notice of rejection thereof.
Rejection and Cure. If a shipment of Active Ingredient or any portion thereof fails to conform to the Active Ingredient Specifications, then Watsxx xxxll have the right to reject such nonconforming shipment of Active Ingredient or the nonconforming portion thereof, as the case may be. Watsxx xxxll give written notice to Halsxx xx its rejection hereunder, within forty five (45) days after Watsxx'x xxxeipt of such shipment, specifying the grounds for such rejection. The nonconforming shipment of Active Ingredient, or the nonconforming portion thereof, shall be held for Halsxx'x xxxposition, or shall be returned to Halsxx, xx each case at Halsxx'x xxxense, as directed by Halsxx. Xxlsxx xxxll use its commercially reasonable efforts to replace each nonconforming shipment of Active Ingredient, or the nonconforming portion thereof, with conforming Active Ingredient as soon as reasonably practicable after receipt of notice of rejection thereof, and in any event shall do so within forty five (45) days after receipt of notice of rejection thereof.
