Rejection for Product Warranty Defects Sample Clauses

Rejection for Product Warranty Defects. Within forty-five (45) days following receipt by Eyetech (or its designee) of any shipment of Product hereunder ("Inspection Period"), Eyetech shall have the right to give Gilead notice of rejection of any part of such shipment of Product that fails to comply with the Product Warranty; provided, however, that the only time restriction applicable to Eyetech's provision of notice of rejection of any shipments of Product where failure of Products to comply with the Product Warranty in a manner that would not reasonably have been discovered by any inspection, testing or analysis of such Product conducted by Eyetech or its designees, shall be that such notice must be provided prior to the end of the shelf life for such batch of Product. Determination as to the propriety of any rejection for non-compliance with the Product Warranty shall be made pursuant to Section 5.10. If Gilead does not receive within the Inspection Period any notice of rejection based on non-compliance with the Product Warranty, Eyetech shall be deemed to have accepted such shipment of Product with respect to compliance with the Product Warranty as may be reasonably determined by such inspection, analysis or testing; provided that nothing in this Section 5.13(b) shall limit Gilead's obligations under Section 9.1 with respect to Losses arising out of or resulting from third party claims or Gilead's gross negligence or intentional misconduct. Subject to the last sentence of Section 5.10, Eyetech shall not be obligated to pay the Price for Product rejected pursuant to this Section 5.13(b) and if Eyetech has paid for quantities of Product rejected pursuant to this Section 5.13(b) at the time Eyetech rejects such quantities, Gilead shall, in addition to reimbursing Eyetech for API in accordance with Section 11.3, at Eyetech's option either reimburse Eyetech for the amount paid for such quantities of Product rejected pursuant to this Section 5.13(b) or credit such payment against Eyetech's obligations with respect to future Orders.
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Related to Rejection for Product Warranty Defects

  • Product Warranty Seller provides general warranties of fitness and general warranties that the goods are free from defects, for 1 year from acceptance of the goods, except as may otherwise be set forth in the Description/Proposal, or other attached warranty.

  • Limited Product Warranty Repair or Replacement within 12 years

  • Nonconforming Work 5.6.1 Rejection, Removal and Replacement of Nonconforming Work

  • Product Warranties Except as set forth in Schedule 3.15, (a) there are no warranties express or implied, written or oral, with respect to the Business and (b) there are no pending or threatened claims with respect to any such warranty, and Seller has no liability with respect to any such warranty, whether known or unknown, absolute, accrued, contingent or otherwise and whether due or to become due.

  • Latent Defects Notwithstanding anything to the contrary set forth herein, no acceptance, or deemed acceptance, by City pursuant to this Section shall be applicable with respect to any Latent Defects. An acceptance, or deemed acceptance, by City pursuant to this Section shall not mean that City has accepted, or the other party has been relieved of, responsibility for: (i) compliance with the Laws; (ii) the proper application of construction means or methods; or (iii) correcting any portion of the Project if it later is determined that any portion of the Project is inconsistent with the Final Documents and Drawings.

  • Notice of Defects If, based on Consulting Engineer/Architect's involvement during the construction phase, Consulting Engineer/Architect observes or otherwise becomes aware of any defect in the work, he shall give prompt written notice to City of such defects and their approximate location on the Project. However, Consulting Engineer/Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions, inspections and programs in connection with the work, since these are solely the contractor's responsibility under the contract for construction. Consulting Engineer/Architect shall not be responsible for the contractor's schedules or failure to carry out the work in accordance with the Contract Documents. Consulting Engineer/Architect shall not have control over or charge of acts or omissions of the contractor, contractor's subcontractors, or their agents or employees.

  • Defective Product If Client rejects Products under Section 6.1 and the deviation is determined to have arisen from Patheon’s failure to provide the Manufacturing Services in accordance with the Specifications, cGMPs, or Applicable Laws, Patheon will credit Client’s account for Patheon’s invoice price for the defective Products. If Client previously paid for the defective Products, Patheon will promptly, at Client’s election, either: (i) refund the invoice price for the defective Products; (ii) offset the amount paid against other amounts due to Patheon hereunder; or (iii) replace the Products with conforming Products without Client being liable for payment therefor under Section 3.1, contingent upon the receipt from Client of all Active Materials and Client-Supplied Components required for the manufacture of the replacement Products. For greater certainty, Patheon’s responsibility for any loss of Active Materials in defective Product will be captured and calculated in the Active Materials Yield under Section 2.2.

  • Product Warranty and Product Liability Set forth in Schedule 3.14 of the Disclosure Schedule is a true, correct and complete copy of the Company's standard warranty or warranties for sales of its products.

  • Inspection and Rejection of Nonconforming Goods The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

  • ODUF Pack Rejection 6.4.1 Image Access will notify BellSouth within one (1) business day of rejected packs (via the mutually agreed medium). Packs could be rejected because of pack sequencing discrepancies or a critical edit failure on the Pack Header or Pack Trailer records (e.g., out-of-balance condition on grand totals, invalid data populated). Standard ATIS EMI error codes will be used. Image Access will not be required to return the actual rejected data to BellSouth. Rejected packs will be corrected and retransmitted to Image Access by BellSouth.

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