Remedies for Defective Product. 3.4.1. The CM shall remedy defective goods as soon as possible, but not to exceed 30 calendar days after confirmation of defect. If requested by CM, MFR shall return defective Product to CM at CM’s cost.
Remedies for Defective Product. Supplier shall promptly replace or correct defects in any Product, which Xxxxxxx reasonably deems is not or may not be in compliance with the Specifications or poses a health and/or safety risk (in any such case, a “Defective Product”), without expense to Xxxxxxx. If Supplier does not promptly correct defects or replace Defective Products, Xxxxxxx may notify Supplier and make the corrections or replace the Product itself or from a third-party supplier and charge Supplier for all costs and expenses incurred by Xxxxxxx in doing so.
Remedies for Defective Product. If the Product delivered by Hapila has a defect and if Biofrontera has fulfilled its duties of inspection according to sec. 6.1, Biofrontera shall have the right to reject such defective Products and to demand replacement whereas other legal remedies are excluded. If Hapila refuses to replace the Product or Hapila's attempts to replace the defective Products with Products as defined in this Agreement have failed [***], then Biofrontera shall have the right to either terminate the concrete Purchase Order or to terminate the concrete Purchase Order and this Supply Agreement. Other legal remedies shall be excluded.
Remedies for Defective Product. 3.12.1 In the case of allegedly Defective Product for which notice (together with sufficient sample) has been provided as set forth in the preceding Clause 3.11, Company shall promptly evaluate such sample to verify the alleged Patent Defect or Latent Defect and provide written notice of its determination after the evaluation to Distributor in writing. If the Parties disagree on whether the Product is a Defective Product, a sample of the allegedly Defective Product shall be delivered by either Party to an independent testing facility mutually acceptable to the Parties for evaluation. Except in the case of manifest error, the decision of the independent testing facility as to whether the Product is a Defective Product shall be final and binding on the Parties. If the independent testing facility determines that the Product is a Defective Product, Company shall pay the independent testing facility’s fees. If the independent testing facility determines that the Product is not a Defective Product, Distributor shall pay the independent testing facility’s fees and shall accept the allegedly nonconforming batch.
Remedies for Defective Product. If PharmaCell manufactures a Defective Product for which the cause is attributable to (“toerekenbaar aan”) PharmaCell, PharmaCell shall, at ImmunoCellular’s option and at PharmaCell’s sole expense, either: [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
Remedies for Defective Product. Without prejudice to any other right or remedy which MGI may have, if any Products supplied are Defective Products, MGI shall be entitled, whether or not any part of the Products have been accepted by MGI, to: Certain identified information has been excluded from this exhibit because it is both (i) not material and (ii) would likely cause competitive harm if publicly disclosed. [***] indicates that information has been redacted.
Remedies for Defective Product. Buyer will handle defective product in a commercially reasonable manner to maximize their value to Seller and Buyer and to minimize the loss and expense of the respective parties and their customer(s). Buyer shall make allegedly defective units readily available and accessible for inspection as requested by Seller or their agents. Rejected goods will be returned to Seller at Seller’s risk for credit, and Seller shall pay to Buyer all costs incurred for packing, handling, sorting, and transportation expenses incurred in connection with the rejected goods. No inspection, test, or acceptance of any goods or services will relieve Seller from responsibility for, and correction of, defects or other failures to meet the requirements of this PO.
Remedies for Defective Product
