Rejection of Product; Disposal of Rejected Shipments. (a) Purchaser may reject any Product that does not materially conform to Specifications or cGMP (“Non-Complying Product”) by providing written notice of rejection to Pfizer and the delivery carrier and setting out detailed reasons for such rejection:
(i) immediately (and in no event more than 24 hours) upon delivery at the Point of Delivery; (ii) immediately and in any event within 24 hours of delivery at the Place(s) of Destination of such Non-Complying Product to Purchaser; or (iii) immediately and in no event more than 24 hours upon its first knowledge of a Latent Defect. In the event notice is not provided within 24 hours from delivery, the Product shall have been deemed accepted. Pfizer shall respond to any rejection and notice of Non-Complying Product from Purchaser in a timely manner. For clarity, Purchaser shall not be entitled to reject any Product based on service complaints unless a Product does not materially conform to Specifications or cGMP.
(b) Pfizer shall conduct an analysis of the causes of any such quality-related complaint, and shall report to Purchaser on any corrective action taken. If Pfizer’s inspection and testing reveals, to Pfizer’s reasonable satisfaction, that such items of the Product are Non-Complying Product and that any such non-conformity or defect has not been caused or contributed to by any abuse, misuse, neglect, negligence, accident, improper testing, improper storage, improper handling, abnormal physical stress, abnormal environmental conditions or use contrary to any instructions issued by Pfizer, Pfizer shall use Commercially Reasonable Efforts to replace such Non- Complying Product as soon as practicable at no additional charge to Purchaser. In such circumstances, Pfizer will further arrange for reverse logistics for Product collection and manage the destruction of the Non-Complying Product. Until collection, Purchaser shall store and maintain the relevant Non-Complying Product in appropriately secure locations and in accordance with the manufacturers’ specifications. Notwithstanding any other provision of this Agreement, this Section 4.4(b) contains Purchaser’s sole and exclusive remedy for Non-Complying Product. The provisions of this Section 4.4 (Rejection of Product; Disposal of Rejected Shipments) shall survive termination or expiration of this Agreement.
Rejection of Product; Disposal of Rejected Shipments a) Purchaser may reject any Product that does not materially conform to Specifications or cGMP (“Non-Complying Product”) by providing written notice of rejection to Pfizer and setting out detailed reasons for such rejection: (i) immediately (and in no event more than 24 hours) upon delivery of such Non-Complying Product to Purchaser; or (ii) immediately and in no event more than 24 hours upon its first knowledge of a Latent Defect. Pfizer sha l respond to any rejection and notice of Non- Complying Product from Purchaser in a timely manner. For clarity, Purchaser shall not be entitled to reject any Product based on service complaints unless a Product does not materia ly conform to Specifications or cGMP.
b) Pfizer shall conduct an analysis of the causes of any such quality-related complaint and sha l nombre de Pfizer todas las exclusiones, excepciones y exoneraciones de las normas específicas de los requisitos específicos de cada país para el Productoconcedidas o permitidaspor la autoridad de Gobierno (incluyendo, sin limitación, serialización, pruebas de laboratorio o calidad y/o formatos para presentación y aprobación de información sobre comercialización), requisitos que, de no existir una exclusión, excepción o exoneración, impedirían que Pfizer suministrara y libera ra el Producto en Colombia al recibir la Autorización. d) En el evento en que un tercero sea el solicitante o titular de la Autorización, toda obligación impuesta a Pfizer con arreglo a este Acuerdo será entendida como la necesidad de que Pfizer haga Esfuerzos Comercialmente Razonables para lograr que ese tercero solicitante o titular de la Autorización cumpla dichas obligaciones en la medida necesaria para ga rantizar que la obligación correspondiente sea debidamente cumplida.
Rejection of Product; Disposal of Rejected Shipments. (a) Rejection for Quantitative Defects. Eyetech shall notify Gilead in writing of any claim relating to Quantitative Defects in shipments of the Product within thirty (30) days following actual receipt of such shipments by Eyetech, including Eyetech's bases for concluding that any shortage in quantity is a Quantitative Defect. If Gilead disputes Eyetech's conclusion, the parties will work in good faith to determine whether such shortage was due to a Quantitative Defect. At Eyetech's request, Gilead shall, at its own expense, provide Eyetech with any missing quantities of such Product promptly after receipt of notice from Eyetech, but in no event later than forty-five (45) days following receipt of notice. Eyetech shall be obligated to pay only for actual quantities of Product delivered in the initial shipment (irrespective of the invoiced amount) in accordance with Section 4.3 hereof and shall pay for any quantities subsequently delivered by Gilead to Eyetech as replacements for missing quantities in accordance with Section 4.3 hereof and, if Eyetech has paid for quantities of Product not delivered in the initial shipment at the time that Eyetech discovers the Quantitative Defect, Gilead shall, at Eyetech's option, either reimburse Eyetech for the amount paid for such non-delivered quantities or credit such payment against Eyetech's obligations with respect to future delivered quantities. If it is determined any shortage in the original shipment was not due to a Quantitative Defect, Eyetech will promptly pay unpaid amounts of the invoice therefor in accordance with this Agreement. If Gilead does not receive any notice of rejection on the basis of a Quantitative Defect within forty-five (45) days of Eyetech's receipt of the relevant shipment, Eyetech shall be deemed to have accepted such shipment of Product with respect to adequacy of Product quantities in such shipment.
Rejection of Product; Disposal of Rejected Shipments. (a) Customer may reject any Product that does not meet the Specifications or that was processed in breach of the warranties set forth in 9.1 at the time of delivery (“Non-Complying Product”) by providing written notice of rejection to Encap within thirty (30) days following Customer’s receipt of Product at the shipping address designated by Customer in the applicable Purchase Order for such Product shipment; provided that such period for rejection shall in the case of Hidden Defects in the Product be one year following Encap’s release of such Non-Complying Product. Failure by Customer to provide notice of rejections within the applicable timeframe shall constitute irrevocable acceptance of the Product by Customer.
Rejection of Product; Disposal of Rejected Shipments a) Purcha ser may reject any Product that does not materially conform to Specifications or cGMP (“Non-Complying Product”) by providing written notice of rejection to Pfizer a nd setting out detailed reasons for such rejection: (i) immediately (and in no event more than 24 hours) upon delivery of such Non-Complying Product to Purchaser; or (ii) immediately and in no event more than 24 hours upon its first knowledge of a Latent Defect. Pfizer sha l respond to any rejection and notice of Non- Complying Product from Purchaser in a timely manner. For clarity, Purchaser shall not be entitled to reject any Product based on service complaints unless a Product does not materia ly conform to Specifications or cGMP.
Rejection of Product; Disposal of Rejected Shipments. A Participating Member State must visually inspect the Product [***] following the instructions set out in Attachment 3 (Delivery Specification) and may reject any specific delivery of the Product or doses therein that does not conform [***] (“Non-Complying Product”) by providing notice to Pfizer Customer Service following an agreed protocol: [***]. [***] [***] Without prejudice to the right to refer the matter to the dispute resolution procedure set out in Article I.13.2 and the provision on [***], replacement of Non-Complying Product [***]. The provisions of this Article I.6.14 shall survive termination or expiration of this APA.
Rejection of Product; Disposal of Rejected Shipments. (a) Purchaser may reject any Product that does not meet the warranties set forth in Section 5.1 (“Non-Complying Product”) by providing written notice of rejection to Company within thirty (30) days following receipt by Purchaser of any shipment of such Product hereunder. In the event that Purchaser does not provide notification of rejection within such timeframe, Purchaser shall be deemed to have accepted the applicable Product.
(b) Purchaser shall return any shipments of Non-Complying Product (or portions thereof) rejected pursuant to this Section 4.3 to Company at Company’s expense. As Company’s sole liability and Purchaser’s sole remedy with respect to such Non-Complying Product (except for Claims or Proceedings), Company shall replace such rejected Non-Complying Product as soon as practicable at no additional charge (including any freight charge) to Purchaser.
(c) The provisions of this Section 4.3 shall survive termination or expiration of this Agreement, provided that, subsequent to the termination or expiration of this Agreement, Company may, in lieu of replacing any rejected or missing quantities of Product, elect in its sole discretion to reimburse Purchaser for the amounts paid by Purchaser to Company for such rejected quantities of Non-Complying Product (including any applicable freight charges).
Rejection of Product; Disposal of Rejected Shipments. (i) Auxilium UK may reject any Finished Product that does not comply with applicable Laws, GMPs, the Quality Agreement, and the Regulatory Approvals for the Product in the Territory, including the Product Specifications, (“Non-Complying Product”) by providing written notice of rejection to Pfizer within thirty (30) days following receipt by Auxilium UK of any shipment of such Product hereunder. In the event that Auxilium UK does not provide notification of rejection within such timeframe, Auxilium UK shall be deemed to have accepted the applicable Product.
(ii) Auxilium UK shall return any shipments of Non-Complying Product (or portions thereof) rejected pursuant to this subsection (f) to Pfizer at Pfizer’s expense. As Pfizer’s sole liability and Auxilium UK’s sole remedy with respect to such Non-Complying Product, Pfizer shall replace such rejected Non-Complying Product as soon as practicable at no additional charge (including any freight charge) to Auxilium UK.
(iii) The provisions of this subsection (f) shall survive termination or expiration of this Agreement, provided that, subsequent to the termination or expiration of this Agreement, Pfizer may, in lieu of replacing any rejected or missing quantities of Product, elect in its sole discretion to reimburse Auxilium UK for the amounts paid by Auxilium UK to Pfizer for such rejected quantities of Non-Complying Product (including any applicable freight charges).
Rejection of Product; Disposal of Rejected Shipments. (a) Customer may reject any Product that does not meet the warranties set forth in Section 7.1 ("Non-Complying Product") by providing written notice of rejection to Lonza within [***] following the Actual Delivery Date; provided that such period for rejection shall in the case of Hidden Defects in the Product be [***] following the Actual Delivery Date. Failure by Customer to provide notice of rejections within the applicable timeframe shall constitute irrevocable acceptance of the Product by Customer. (b) Lonza shall have the right to examine and test any Product that Customer claims to be a Non- Complying Product and shall notify Customer in writing of the results of such examination.
Rejection of Product; Disposal of Rejected Shipments. Rechazo del Producto; Eliminación de Envíos Rechazados. a) a) b)
