REJECTION OF PRODUCT IN CASE OF NONCONFORMITY Sample Clauses

REJECTION OF PRODUCT IN CASE OF NONCONFORMITY. A. Buyer may reject any portion of shipment of Product that does not conform to the specifications contained in Exhibit I. In order to reject a shipment, Buyer must (i) give notice to Seller of Buyer's intent to reject the shipment within ten (10) days of receipt together with a detailed written indication of the reasons for such possible rejection, and (ii) as promptly as reasonably possible thereafter, provide Seller with notice of final rejection and the full basis thereof. After notice of intent to reject is given, Buyer shall cooperate with Seller in determining whether rejection is necessary or justified. If no such notice of intent to reject is timely received, Buyer shall be deemed to have accepted such delivery of Product, provided, however, in the case of Products having latent defects which upon diligent examination by Buyer could not have been discovered, Buyer must give notice of Buyer's intent to reject within thirty (30) days after discovery of such defects, provided that such notice may in no event be given later than ninety (90) days after receipt of the shipment. In any event, Buyer shall pay for the shipment as otherwise provided herein and shall be entitled to a refund of the purchase price (together with insurance and freight charges if applicable) of properly rejected Products at the time they are ultimately rejected. Seller shall notify Buyer as promptly as reasonable possible whether it accepts Buyer's basis for any rejection.
Sample 1Sample 2
AutoNDA by SimpleDocs
REJECTION OF PRODUCT IN CASE OF NONCONFORMITY. (a) DAS may reject any portion of any Lot Quantities that (i) does not fully conform to the Specifications or (ii) is adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act. In order to reject a shipment, DAS must (i) give notice to Eon of DAS's intent to reject the shipment within fifteen (15) business days (i.e., a day on which DAS and Eon are each open for business) of receipt together with a written indication of the reasons for such possible rejection, and (ii) as promptly as reasonably possible thereafter provide Eon with notice of final rejection and the full basis therefor; provided, however, that in the case of Product having a latent defect that could not have been discovered upon reasonable examination, DAS must only give notice of its intent to reject within five (5) business days after discovery of such defects. Eon shall notify DAS within thirty (30) days after receipt of a rejection notice from DAS as to whether it accepts DAS's basis for such rejection.
Sample 1Sample 2
REJECTION OF PRODUCT IN CASE OF NONCONFORMITY. (i) Within [***] ([***]) [***] of receipt of any shipment of Products, BioHorizons may reject any portion of such shipment which is (a) not conforming to the Specifications or Packaging Specifications, (b) damaged during shipment as a result of Manufacturer having not packaged the Products in conformance with the Packaging Specifications or (c) adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act (the “Act”) or any similar provisions of any other Applicable Law. If no notice of intent to reject is timely received by Manufacturer, BioHorizons shall be deemed to have accepted such delivery of Products; provided, however, in the case of Products having latent defects which upon visual examination, without opening the packaging, by BioHorizons upon receipt could not reasonably have been discovered, BioHorizons must give notice of BioHorizons’s intent to reject within [***] ([***]) [***] after discovery of such defects; provided that such notice may in no event be given later than [***] ([***]) [***] after the earlier of (a) [***] ([***]) [***] from the delivery date, and (b) the expiration date on the label of such Product. Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 406 of the Securities Act of 1933, as amended.
Sample 1
REJECTION OF PRODUCT IN CASE OF NONCONFORMITY. 4.8.1 Within thirty (30) days of receipt of any shipment of Products, NuVasive may reject any portion of such shipment which is (a) not conforming to the Product Specifications or Packaging Specifications, (b) damaged during shipment as a result of Pearsalls having not packaged the Products in conformance with the Packaging Specifications or (c) adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act (the “Act”) or any similar provisions of any other Applicable Law. If no notice of intent to reject is timely received by Pearsalls, NuVasive shall be deemed to have accepted such delivery of Products; provided, however, in the case of Products having latent defects which upon visual examination, without opening the sterile packaging, by NuVasive upon receipt could not reasonably have been discovered, NuVasive must give notice of NuVasive’s intent to reject within thirty (30) days after discovery of such defects; provided that such notice may in no event be given later than thirty (30) days after the earlier of (a) *** years from the delivery date, and (b) the expiration date on the label of such Product.
Sample 1
REJECTION OF PRODUCT IN CASE OF NONCONFORMITY. (a) Pfizer may reject any shipment of Product which is (i) not conforming with the specifications contained in Exhibit II or (ii) adulterated or misbranded within the meaning of the Federal, Food, Drug and Cosmetic Act (the "Act"). In order to reject a shipment, Pfizer must (i) give notice to XOMA of Pfizer's intent to reject the shipment within thirty (30) days of receipt together with an indication of the reasons for such possible rejection, and (ii) as promptly as reasonably possible thereafter, provide XOMA with notice of final rejection and the full basis therefor. After notice of intention to reject is given, Pfizer shall be deemed to have accepted such delivery of Product, provided, however, in the case of products having latent defects which upon diligent examination by Pfizer upon receipt could not have been discovered, Pfizer must give notice of Pfizer's intent to reject within thirty (30) days after discovery of such defects. In any event, Pfizer shall pay for the shipment as otherwise provided herein and shall be entitled to a refund of the purchase price (together with insurance and freight charges) of rejected Products at the time they are ultimately rejected, provided that if XOMA disputes the rejection, refund shall be made at the time the dispute is finally resolved. XOMA shall notify Pfizer as promptly as reasonably possible whether it accepts Pfizer's basis for any rejection.
Sample 1
REJECTION OF PRODUCT IN CASE OF NONCONFORMITY. (a) MAKO may reject any portion of any shipment of Product that (i) does not conform to the description or Specifications, (ii) is adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act (the “Act”), (iii) does not comply with an order for the Products, or (iv) does not comply with the CGMP Regulations.
Sample 1
REJECTION OF PRODUCT IN CASE OF NONCONFORMITY. Seller and Buyer acknowledge --------------------------------------------- that Buyer has no means of inspecting the Product's conformity with the Specifications. If Buyer has reason to believe that any Product does not meet Specifications, Buyer shall not use such Product and shall promptly notify Seller in writing. Seller shall test the Product in question and determine if it meets Specifications. Buyer may reject any Product found to be nonconforming and Seller shall use reasonable efforts to replace rejected Product with other Product at no cost to Buyer.
Sample 1
AutoNDA by SimpleDocs

Related to REJECTION OF PRODUCT IN CASE OF NONCONFORMITY

  • 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 THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [***] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. 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.

  • Non-Conforming Product If Reliant notifies Cardinal Health during the Review Period that the Manufacturing Sample does not conform to the warranty set forth in Section 13.1 and Cardinal Health agrees with Client’s determination, Client shall not be responsible to pay for such batch (the “Defective Product”), and Cardinal Health shall, at Reliant’s option, either (A) replace any Batch of non-conforming Product, or (B) credit any payments made by Reliant for such Batch. If Cardinal Health does not agree with Reliant’s determination that such Product fails to meet the warranty set forth in Section 13.1, then after reasonable efforts to resolve the disagreement, the Parties shall cause a mutually acceptable independent third party to review records, test data and to perform comparative tests and/or analyses on the Manufacturing Sample. The results of the independent review shall be final and binding. Unless otherwise agreed to by the Parties in writing, the costs associated with such testing and review shall be borne by the non-prevailing Party. THE OBLIGATION OF CARDINAL HEALTH TO (A) REPLACE DEFECTIVE PRODUCT IN ACCORDANCE WITH THE SPECIFICATIONS OR CREDIT PAYMENTS MADE BY RELIANT FOR DEFECTIVE PRODUCT AND (B) REIMBURSE RELIANT FOR API LOST IN THE DEFECTIVE BATCH, SUBJECT TO THE LIMITATIONS IN ARTICLE 15.1, SHALL BE RELIANT’S SOLE AND EXCLUSIVE REMEDY (WITHOUT PREJUDICE TO ANY INDEMNIFICATION OBLIGATIONS UNDER SECTION 14.1 OR THE OBLIGATIONS OF SECTION 10.6 (RECALL)) UNDER THIS ARTICLE FOR DEFECTIVE PRODUCT AND IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED.

  • Supply of Materials Unless the parties otherwise agree in a Work Order, Manufacturer will supply, in accordance with the relevant approved raw material specifications, all materials to be used by Manufacturer in the performance of Services under a Work Order other than the Rhythm Materials specified in such Work Order. Rhythm or its designees will provide Manufacturer with the Rhythm Materials. Manufacturer agrees (a) to account for all Rhythm Materials, (b) not to provide Rhythm Materials to any third party (other than an Affiliate acting as a permitted subcontractor) without the express prior written consent of Rhythm, (c) not to use Rhythm Materials for any purpose other than conducting the Services, including, without limitation, not to analyze, characterize, modify or reverse engineer any Rhythm Materials or take any action to determine the structure or composition of any Rhythm Materials unless required * CONFIDENTIAL TREATMENT REQUESTED. OMITTED PORTIONS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. pursuant to a signed Work Order, and (d) to destroy or return to Rhythm all unused quantities of Rhythm Materials according to Rhythm’s written directions.

  • Review of Materials During the term of this Agreement, Client shall ensure that all prospectuses, statements of additional information, registration statements, proxy statements, reports to shareholders, advertising and sales literature or other materials prepared for distribution to Fund shareholders or the public, which refer to the Subadviser in any way, prepared by employees or agents of Client or its affiliates are consistent with information previously provided by Subadviser. Subadviser shall promptly notify the Client of any changes to information pertaining to the Subadviser and stated in the materials described in this Section 6(g).

  • Defective Products None of the Group Companies has manufactured, sold or supplied products which are, or were, in any material respect, faulty or defective, or which do not comply in any material respect with any representations or warranties expressly made by such Group Company, or with all applicable regulations, standards and requirements.

  • Correction of Defects To promptly correct any structural defects in the Improvements or any material departure from the Plans and Specifications not previously approved by Lessor. The advance of any Development Financing proceeds shall not constitute a waiver of Lessor's right to require compliance with this covenant.

  • Product Specifications The Company agrees that all Products sold to Xxxx hereunder shall conform to the respective specifications set forth on Schedule A or to such other specifications as are from time to time agreed upon by the Parties.

  • License of Data; Warranty; Termination of Rights A. The valuation information and evaluations being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s assets and reporting to regulatory bodies (the “License”). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s right to use the Data cannot be passed to or shared with any other entity. The Trust acknowledges the proprietary rights that USBFS and its suppliers have in the Data.

  • Supplier Selection If Customer selects a seat or galley supplier that is not on the Boeing recommended list, such seat or galley will become BFE and the provisions of Exhibit A, Buyer Furnished Equipment Provisions Document, of the AGTA will apply.

  • Shipment If any of the Major Components associated with any Unit is not Shipped on or before (with the prior approval of the Buyer) the Scheduled Major Component Shipment Date set forth in Attachment 1 for reasons attributable to the Seller and not excused elsewhere in this Contract, the Seller shall pay as liquidated damages, and not as a penalty, a sum calculated in accordance with the table below for each Unit for each day of delay after the Scheduled Major Component Shipment Date as set forth in Attachment 1 until actual Shipment of the last Major Component for such Unit: Days after Scheduled Major Component Shipment Date Liquidated Damages (per day or partial day) *** *** *** *** *** *** Such liquidated damages, if any, shall be computed based on the date of Shipment of the last Major Component for a given Unit and such computations shall disregard any part of or accessory to the Major Component which may be shipped separately and arrive later unless such part of or accessory to the Major Component is necessary for the installation of the Major Component.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!