Rejection of Product. (a) Schering may reject any shipment of Product from ICN that does not meet ICN's warranty set forth in Section 8.4, upon notice to ICN delivered within forty five (45) days after receipt by Schering of such shipment or, in the case of any latent defect, after Schering discovered or had a reasonable basis for discovering such defect. Any shipment of Product that is not rejected by Schering within such period shall be deemed accepted. In no event shall ICN be liable for any nonconformity of the Product resulting from the shipment, storage or handling of the Product after tender by ICN in accordance with Section 8.2(g) (unless resulting from the fault of ICN, such as not shipping in accordance with agreed specifications), or the tampering, alteration or mishandling of the Product by any person (including any customer of Schering) following such tender.
Rejection of Product. 44 ARTICLE 9. CONFIDENTIALITY 45 9.1 Confidentiality ............................................ 45 9.2 No Publicity ............................................... 46
Rejection of Product. Once the Product has been received by CP, CP shall be entitled to inspect it and, at its option, to reject: (a) any of the Product which is defective in materials or workmanship or does not conform to the specifications provided by CP to Contractor; and (b) any oversupplied Product. Contractor shall pay all shipping costs to and from the destination stated in this Purchase Order in relation to any Product that is rejected by CP pursuant to this Section. Such Product shall be at the risk of Contractor, whether held by CP for Contractor or returned. All Product shipped by Contractor as repaired or replacement Product shall be shipped by Contractor FOB Destination, Freight Prepaid, unless otherwise instructed in writing by CP. If any Product is rejected because of failure to conform to specifications, or failure in workmanship or materials, Contractor shall within five days replace the applicable Product with others that comply with specifications and conform in workmanship and materials.
Rejection of Product. Distributor shall inspect all Product promptly upon receipt thereof and may reject any Product pursuant to this Section 4.3.1 that fails to meet the specifications set forth in Micrus’ current product specifications for the Product. Any Product not properly rejected within thirty (30) days of receipt of that Product at Distributor’s facility after customs clearance for import (the “Rejection Period”) shall be deemed accepted. To reject a Product, Distributor shall within the Rejection Period, (i) notify Micrus in writing by telefax or by mail (with confirmation of transmission) of its rejection and the reason for the rejection, and (ii) return, at its expense, the rejected Product to Micrus (the “Returned Product”) in the same condition in which it was delivered to Distributor. All claims made by Distributor after its inspection of the Product shall be handled on a case-by-case basis during which time Micrus shall have the right to first inspect any Product involved before being required to take any action with respect thereto. Micrus shall make its investigation within thirty (30) days of receipt of notice of a claim from Distributor. Micrus shall, at its expense, replace Product it determines to be defective and ship such replacement Product freight prepaid. In no event shall Micrus be liable under this Agreement for any failure of any Product to meet the specifications due to modification or improper use, storage or shipment of the Product by Distributor or anyone receiving the Product from or on behalf of Distributor.
Rejection of Product. 3.8.1 In the event that Licensee determines that any Product delivered by Supplier does not conform to the warranty set forth in Section 3.8, Licensee shall give Supplier written notice thereof and the reasons for such nonconformance (including a sample of such Product) within forty-five (45) days after delivery (or within ten (10) days after discovery of any nonconformity that could not reasonably have been detected by a customary visual inspection on delivery). Supplier shall undertake appropriate testing of such sample and shall notify Licensee whether it has confirmed such nonconformity within thirty (30) days after receipt of such notice from Licensee. If Supplier notifies Licensee that it has not confirmed such nonconformity, then the Parties shall mutually select an independent laboratory or other applicable expert (the “Expert”) to evaluate if the Products comply with the warranty set forth in Section 3.7 and each Party shall cooperate with the Expert’s reasonable requests for assistance in connection with its analysis hereunder. The findings of the Expert shall be binding on the Parties, absent manifest error. The expenses of the Expert shall be borne by Supplier if the Expert confirms the nonconformity and otherwise by Licensee. If the Expert or Supplier confirms that a batch of Product does not conform to the warranty set forth in Section 3.7, Supplier, at Licensee’s option, promptly shall (a) supply Licensee with a conforming quantity of Product at Supplier’s expense or (b) reimburse Licensee for any purchase price paid by Licensee with respect to such Product. In any event Supplier promptly shall reimburse Licensee for all costs incurred by Licensee with respect to such nonconforming Product, including costs of recall and destruction of such Product, which costs Licensee shall have the right to offset against any payments owed by Licensee to Supplier under this Agreement.
Rejection of Product. If Buyer reasonably determines that Products are defective, do not comply with the Specifications when delivered, or are unable to maintain their quality for the shelf life (collectively, “Unacceptable Products”), Buyer may reject and return to Supplier (at Supplier’s expense) such Unacceptable Products, and Supplier will replace them as soon as possible (not to exceed 10 days from Supplier’s receipt) with Products that meet applicable Specifications or refund the purchase price, whichever Buyer chooses, and Supplier will reimburse Buyer for its damages. Supplier will not sell or dispose of Unacceptable Products under Buyer’s name or label without Buyer’s prior written approval. In addition, if Buyer decides in its reasonable judgment that Unacceptable Products must be disposed of as waste, Supplier will reimburse Buyer for all costs of handling and disposal. Supplier will not be responsible for Unacceptable Products to the extent the unacceptability was caused by Buyer or its agents or subcontractors. Buyer may also reject and return to Supplier (at Supplier’s expense) Products that exceed the quantity ordered.
Rejection of Product. (a) Voyager will have sixty (60) days after the receipt of any shipment of Product (the "Testing Period") to subject the Product, on a sample basis, to quality control testing to determine conformity with the Specifications. If testing shows a failure to meet the Specifications, Voyager may reject the portion of any shipment failing to meet Specifications by providing written notice of such rejection to Mallinckrodt before the expiry of the Testing Period and, provided such notice of any such rejection is received by Mallinckrodt and Voyager has appropriately rejected the affected Product, Voyager may return the affected Product to Mallinckrodt at Mallinckrodt's expense.
Rejection of Product. 9.3.1 Should TRANSMEDICS rightfully reject any Batch of Product, or part thereof, pursuant to Section 9.1 and FRESENIUS agrees that such rejection is justified, FRESENIUS shall not charge TRANSMEDICS for such Batch and shall reimburse TRANSMEDICS for all shipping costs incurred by TRANSMEDICS. FRESENIUS shall have no further liability to TRANSMEDICS in respect of such Batch except that FRESENIUS shall have the obligation to replace the rejected Batch. The Parties shall agree how to destroy any such rejected Batch. Costs related to the disposal, destruction and/or return of such Batch shall be borne by FRESENIUS.
Rejection of Product. BIRI will notify Xanodyne Corporate Quality Assurance in writing of any Batch rejected by BIRI. This communication shall be accompanied by a completed investigation with regard to the failure.
Rejection of Product. If Flinders Council is not satisfied that the Product meets the Specification (Non-Complying Product) Flinders Council may reject the Non-Complying Product and notify the Supplier of:
