Common use of Rejection of Delivered Products Clause in Contracts

Rejection of Delivered Products. Within [*] of receipt of any Product, Duramed shall inspect the Product and advise Shire of any defect whereby the Product does not conform to the Product Specifications. Any Product not refused within [*] shall be deemed accepted subject to Section 5.6 below; provided, however, that such acceptance or deemed acceptance shall not adversely affect any claim for indemnification provided in Article XI. If Duramed desires to refuse acceptance, Duramed shall, within such [*] period, inform Shire of its refusal to accept the defective Product and the reason(s) therefor. In the event that Duramed refuses acceptance, Shire, upon confirmation of the reasons for refusal of the Product, will replace the defective Product or refund the purchase price thereof, at Duramed’s option. If Shire and Duramed do not agree on the refusal or rejection of Product, then any Party may refer the matter for final analysis to a specialized laboratory of national reputation acceptable to both Parties for the purpose of determining the results. Any determination by such laboratory shall be final and binding upon the Parties. The cost of any such review by a laboratory shall be borne by Duramed if it is determined that the Product conforms to the Product Specifications, and by Shire if determined that it does not.

Rejection of Delivered Products. Within [*] of receipt of any Shire Product, Duramed Shire shall inspect the Shire Product and advise Shire Duramed of any defect whereby the Shire Product does not conform to the Product Specifications. Any Shire Product not refused within [*] shall be deemed accepted subject to Section 5.6 below; provided, however, that such acceptance or deemed acceptance shall not adversely affect any claim for indemnification provided in Article XI. If Duramed Shire desires to refuse acceptance, Duramed Shire shall, within such [*] thirty (30) day period, inform Shire Duramed of its refusal to accept the defective Shire Product and the reason(s) therefor. In the event that Duramed Shire refuses acceptance, ShireDuramed, upon confirmation of the reasons for refusal of the Shire Product, will replace the defective Shire Product or refund the purchase price thereof, at DuramedShire’s option. If Duramed and Shire and Duramed do not agree on the refusal or rejection of Shire Product, then any Party may refer the matter for final analysis to a specialized laboratory of national reputation acceptable to both Parties for the purpose of determining the results. Any determination by such laboratory shall be final and binding upon the Parties. The cost of any such review by a laboratory shall be borne by Duramed Shire if it is determined that the Shire Product conforms to the Product Specifications, and by Shire Duramed if determined that it does not.