REMEDIES FOR NON-CONFORMITY Sample Clauses

REMEDIES FOR NON-CONFORMITY. If the product purchased does not conform to the applicable warranty, Capsa Healthcare will provide at its option, and in accordance with the procedures in the following section, one of the following remedies: (1) repair of the non-conforming product, (2) replacement with a conforming product, (3) refund of the original purchase price. THESE REMEDIES SHALL BE THE EXCLUSIVE AND SOLE REMEDY for any breach of warranty.
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REMEDIES FOR NON-CONFORMITY. In the event that Seller disputes Buyer’s determination that the Plasma is not in compliance with the Specifications or the warranty hereunder, the Parties shall attempt to cooperate in good faith to resolve the disagreement. If, after *** calendar days, the Parties are unable to resolve the disagreement, then, at either Party’s request, the Parties shall engage an independent testing laboratory or other appropriately qualified expert of recognized repute and credentials, mutually agreeable to the Parties and subject to confidentiality provisions set forth in this Agreement, to analyze a sample of the allegedly nonconforming Plasma and the associated documentation. The laboratory or expert shall use such procedures and tests as such laboratory or expert may consider necessary or appropriate to reach a conclusion. Both Parties agree to cooperate with the independent laboratory’s or expert’s reasonable requests for assistance in connection with its analysis
REMEDIES FOR NON-CONFORMITY. In addition to other remedies provided by law, Android reserves the right to reject any goods or services or to revoke any previous acceptance and to cancel all or any part of a purchase order if Seller fails to deliver all or any part of the goods or perform any of the services in accordance with the purchase order and/or these terms and conditions. Without prejudicing Android’s other rights and remedies, Android may, at its option, (a) return at Seller’s sole expense all deliverables which do not conform to the warranties under Section 3 above for a full refund of all sums then paid for the deliverables, (b) demand repair and/or replacement of non- conforming deliverables, whereupon Seller shall repair or replace such goods or services; or (c) terminate the relevant purchase order without waiving Android’s rights to recover damages (including incidental and consequential damages) and purchase replacement goods or services from other Sellers.
REMEDIES FOR NON-CONFORMITY. In the event that Seller disputes Buyer’s determination that the Plasma is not in compliance with the Specifications or the warranty hereunder, the Parties shall attempt to cooperate in good faith to resolve the disagreement. If, after *** (***) calendar days, the Parties are unable to resolve the disagreement, then, at either Party’s request, the Parties shall engage an independent testing laboratory or other appropriately qualified expert of recognized repute and credentials, mutually agreeable to the Parties and subject to confidentiality provisions set forth in this Agreement, to analyze a sample of the allegedly nonconforming Plasma and the associated documentation. The laboratory or expert shall use such procedures and tests as such laboratory or expert may consider necessary or appropriate to reach a conclusion. Both Parties agree to cooperate with the independent laboratory’s or expert’s reasonable requests for assistance in connection with its analysis hereunder. Both Parties shall be bound by the laboratory’s or expert’s results of analysis, which, absent manifest error, shall be deemed final as to any dispute over nonconformity. The costs incurred by the laboratory or expert shall be borne by the ***, or, if the laboratory or expert cannot *** the *** and ***, then the Parties shall *** the *** in connection with such laboratory or expert. If the Plasma is determined to be non-conforming, whether by agreement of the Parties or by an independent laboratory, then the Seller will determine whether to either replace the non-conforming Plasma or issue a credit to the Buyer.
REMEDIES FOR NON-CONFORMITY. Your exclusive remedy for Materials failing meet Xxxx'x commercial standards of purity (as estimated by Xxxx from time to time, or as agreed between You and Xxxx), whether or not such failure was, in whole or in part, the result of Xxxx’x negligence or could be the basis of a claim on the grounds of strict liability, shall be to receive a refund of the price of such quantity of non-conforming Materials, or the replacement thereof with Materials meeting the applicable standards at no additional charge to You.

Related to REMEDIES FOR NON-CONFORMITY

  • Remedies for Non-Compliance The Recipient agrees that if FTA determines that the Recipient or a Third Party Participant receiving federal assistance under 49 U.S.C. chapter 53 is not in compliance with 49 C.F.R. part 655, the Federal Transit Administrator may bar that Recipient or Third Party Participant from receiving all or a portion of the federal transit assistance for public transportation it would otherwise receive.

  • Remedies for Contractor Breach Pertaining to contract-related issues, it is the responsibility of both CMHA and the contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA or the contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues: 20.16.1.1. If the contractor is in material breach of the contract, CMHA may promptly invoke the termination clause detailed within Section No. 3, form HUD-5370-C, General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. Prior to termination, CMHA may choose to warn 20.16.1.3. After termination, if the contractor does not agree with CMHA’s justification for the termination, the contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHA’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

  • Remedies for Default (a) Enterprise Services’ rights to suspend and terminate Contractor’s rights under this Master Contract are in addition to all other available remedies. (b) In the event of termination for default, Enterprise Services may exercise any remedy provided by law including, without limitation, the right to procure for all Purchasers replacement goods and/or services. In such event, Contractor shall be liable to Enterprise Services for damages as authorized by law including, but not limited to, any price difference between the Master Contract price and the replacement or cover price as well as any administrative and/or transaction costs directly related to such replacement procurement – e.g., the cost of the competitive procurement.

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