Replacement of Defective Packaged Products Sample Clauses

Replacement of Defective Packaged Products. Subject to subsection (a), Cardinal Health shall replace, at its sole expense, all defective or non-conforming Packaging in excess of normal manufacturing losses for the Product, as defined in Section 7(g). In the event Cardinal Health is required to replace defective or nonconforming Packaging pursuant to this Section 8, Cardinal Health shall replace, at its cost, all defective or nonconforming Packaged Product with conforming Packaged Product. In such event, Cardinal Health shall supply, at its cost, the Packaging components necessary to Package replacement Product and Purchaser shall supply to Cardinal Health, at Purchaser’s expense, the Product necessary to Package the replacement Product. Notwithstanding the foregoing, if the Product is adulterated or impaired solely as a result of Cardinal Health’s failure to comply with Specifications, the applicable certificate of analysis or any Applicable Law, then Cardinal Health shall be responsible for the cost of the adulterated or impaired Product necessary for the replacement of Packaging as set forth above, provided, however, that Cardinal Health’s responsibility shall be limited to Seventy Five Thousand Dollars ($75,000) per Purchase Order and One Hundred Fifty Thousand Dollars ($150,000) in the aggregate in any month and that the cost of the Product and documentation thereof shall be the same as set forth in Section 7(g), Product Loss. THE OBLIGATION OF CARDINAL HEALTH TO REPLACE DEFECTIVE OR NONCONFORMING PACKAGING OR PACKAGED PRODUCT SHALL BE PURCHASER’S EXCLUSIVE REMEDY UNDER THIS AGREEMENT AND IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED. In complying with this Section 8, Cardinal Health shall not be required to incur any costs or expenses in excess of the Packaging fees paid by Purchaser to Cardinal Health for the Packaging of the defective Product.
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Replacement of Defective Packaged Products. Subject to the terms of this Agreement (including Section 7.1 and Article 12), at the written request of AMAG, Catalent shall replace, at its sole expense the Packaging for all defective Packaged Products above the Acceptable Manufacturing Loss that do not comply with the representations and warranties of Catalent set forth in Section 8.1. In the event that Catalent is required to replace such defective Packaged Products, such replacement shall include (i) providing and bearing the cost for all services necessary to replace all defective Packaged Products and (ii) the Packaging components necessary to Package replacement Packaged Product, and (iii) [***] for the production of such replacement Packaged Product. Such replacement Packaged Product shall be delivered by Catalent to AMAG as soon as reasonably possible but in no event later than the delivery date for the next subsequent Batch of Packaged Product to be delivered by Catalent. THE REPLACEMENT BY CATALENT OF ANY DEFECTIVE PACKAGED PRODUCT IN ACCORDANCE WITH THE TERMS OF SECTION 7.2 SHALL BE AMAG’S EXCLUSIVE REMEDY UNDER THIS AGREEMENT FOR DEFECTIVE PACKAGED PRODUCT AND IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, AS TO SUCH DEFECTIVE PACKAGED PRODUCTS.
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Replacement of Defective Packaged Products. PCI shall replace, at its ------------------------------------------ sole expense, all defective Packaging. THE OBLIGATION OF PCI TO REPLACE DEFECTIVE PACKAGING, INCLUDING PACKAGED PRODUCTS, IN EXCESS OF THE NORMAL PACKAGING LOSSES SHALL BE PURCHASER'S EXCLUSIVE REMEDY UNDER THIS AGREEMENT FOR DEFECTIVE PACKAGED PRODUCTS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. For losses of Packaging materials supplied by Purchaser (or, to the extent required by this Agreement, Product) in excess of normal Packaging losses, PCI shall pay to Purchaser, depending upon the circumstances, either (a) the substantiated acquisition cost found on the invoice if such materials were purchased by Purchaser from an unrelated third party; or (b) the substantiated direct costs of Purchaser (or its related entities) for the Production of materials (which shall not include any profit or xxxx-ups) if such materials were produced by Purchaser or any entity related, directly or indirectly, to Purchaser.
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Replacement of Defective Packaged Products. Subject to Section 6.1, Service Provider shall replace, at its sole cost and expense (subject to Section 6.3), all defective Packaged Product in excess of normal manufacturing losses for the Product, as defined in Section 2.10 with Conforming Packaged Product; provided that if Service Provider is unable to provide such Conforming Packaged Product within 15 days, at Company’s option, Service Provider shall refund Company for all Packaging fees paid by Company for the Packaging of defective Product.
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Related to Replacement of Defective Packaged Products

  • ODUF Packing Specifications 6.3.1 A pack will contain a minimum of one message record or a maximum of 99,999 message records plus a pack header record and a pack trailer record. One transmission can contain a maximum of 99 packs and a minimum of one pack.

  • Defective Products A defective product may be returned to PRECISIONARY INSTRUMENTS within thirty (30) days of the delivery date for a refund of the original purchase price with the following amendments/fees. To return a defective product, please contact our Customer Service Department and follow the Return of Products Instructions below.

  • 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 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.

  • Packing Specifications 7.3.1 A pack will contain a minimum of one message record or a maximum of 99,999 message records plus a pack header record and a pack trailer record. One transmission can contain a maximum of 99 packs and a minimum of one pack.

  • Product Specifications (a) Supplier shall manufacture all Products according to the Specifications in effect as of the date of this Agreement, with such changes or additions to the Specifications of the Products related thereto as shall be requested by Buyer in accordance with this Section or as otherwise agreed in writing by the Parties. All other Products shall be manufactured with such Specifications as the Parties shall agree in writing. (b) Buyer may request changed or additional Specifications for any Product by delivering written notice thereof to Supplier not less than one hundred twenty (120) days in advance of the first Firm Order for such Product to be supplied with such changed or additional Specifications. Notwithstanding the foregoing, if additional advance time would reasonably be required in order to implement the manufacturing processes for production of a Product with any changed or additional Specifications, and to commence manufacture and delivery thereof, Supplier shall so notify Buyer, and Supplier shall not be required to commence delivery of such Product until the passage of such additional time. (c) Supplier shall be required to accommodate any change of, or additions to, the Specifications for any Product, if and only if (i) in Supplier’s good faith judgment, such changed or additional Specifications would not require Supplier to violate good manufacturing practice, (ii) the representation and warranty of Buyer deemed made pursuant to Subsection (e) below is true and correct, and (iii) Buyer agrees to reimburse Supplier for the incremental costs and expenses incurred by Supplier in accommodating the changed or additional Specifications, including the costs of acquiring any new machinery and tooling. For the avoidance of doubt, such costs and expenses shall be payable by Buyer separately from the cost of Products at such time or times as Supplier shall request. (d) Supplier shall notify Buyer in writing within thirty (30) days of its receipt of any request for changed or additional Specifications (i) whether Supplier will honor such changed or additional Specifications, (ii) if Supplier declines to honor such changed or additional Specifications, the basis therefor and (iii) if applicable, the estimated costs and expenses that Buyer will be required to reimburse Supplier in respect of the requested changes or additions, as provided in Subsection (c) above. Buyer shall notify Supplier in writing within fifteen (15) days after receiving notice of any required reimbursement whether Buyer agrees to assume such reimbursement obligation. (e) By its request for any changed or additional Specifications for any Product, Buyer shall be deemed to represent and warrant to Supplier that the manufacture and sale of the Product incorporating Buyer’s changed or additional Specifications, as a result of such incorporation, will not and could not reasonably be expected to (i) violate or conflict with any contract, agreement, arrangement or understanding to which Buyer and/or any of its Affiliates is a party, including this Agreement and any other contract, agreement, arrangement or understanding with Supplier and/or its Affiliates, (ii) infringe on any trademark, service xxxx, copyright, patent, trade secret or other intellectual property rights of any Person, or (iii) violate any Applicable Law. Buyer shall indemnify and hold Supplier and its Affiliates harmless (including with respect to reasonable attorneys’ fees and disbursements) from any breach of this representation and warranty.

  • REPAIRED OR REPLACED PARTS / COMPONENTS Where the Contractor is required to repair, replace or substitute Product or parts or components of the Product under the Contract, the repaired, replaced or substituted Products shall be subject to all terms and conditions for new parts and components set forth in the Contract including Warranties, as set forth in the Additional Warranties Clause herein. Replaced or repaired Product or parts and components of such Product shall be new and shall, if available, be replaced by the original manufacturer’s component or part. Remanufactured parts or components meeting new Product standards may be permitted by the Commissioner or Authorized User. Before installation, all proposed substitutes for the original manufacturer’s installed parts or components must be approved by the Authorized User. The part or component shall be equal to or of better quality than the original part or component being replaced.

  • Product Warranty Seller provides general warranties of fitness and general warranties that the goods are free from defects, for 1 year from acceptance of the goods, except as may otherwise be set forth in the Description/Proposal, or other attached warranty.

  • Consumables During the design phase, Purchaser may participate in the selection of suppliers of consumables of the Supplier. In such case, the choice regarding the final selection of the said suppliers shall be mutually agreed between the Parties. Two suppliers shall be identified and selected for each type of consumables.

  • RE-WEIGHING PRODUCT Deliveries are subject to re- weighing at the point of destination by the Authorized User. If shrinkage occurs which exceeds that normally allowable in the trade, the Authorized User shall have the option to require delivery of the difference in quantity or to reduce the payment accordingly. Such option shall be exercised in writing by the Authorized User.

  • Purchase Order Pricing/Product Deviation If a deviation of pricing/product on a Purchase Order or contract modification occurs between the Vendor and the TIPS Member, TIPS must be notified within five (5) business days of receipt of change order. TIPS reserves the right to terminate this agreement for cause or no cause for convenience with a thirty (30) days prior written notice. Termination for convenience is conditionally required under Federal Regulations 2 CFR part 200 if the customer is using federal funds for the procurement. All purchase orders presented to the Vendor, but not fulfilled by the Vendor, by a TIPS Member prior to the actual termination of this agreement shall be honored at the option of the TIPS Member. The awarded Vendor may terminate the agreement with ninety (90) days prior written notice to TIPS 0000 XX Xxx Xxxxx, Xxxxxxxxx, Xxxxx 00000. The vendor will be paid for goods and services delivered prior to the termination provided that the goods and services were delivered in accordance with the terms and conditions of the terminated agreement. This termination clause does not affect the sales agreements executed by the Vendor and the TIPS Member customer pursuant to this agreement. TIPS Members may negotiate a termination for convenience clause that meets the needs of the transaction based on applicable factors, such as funding sources or other needs. Usually, purchase orders or their equal are issued by participating TIPS Member to the awarded vendor and should indicate on the order that the purchase is per the applicable TIPS Agreement Number. Orders are typically emailed to TIPS at xxxxxx@xxxx-xxx.xxx. • Awarded Vendor delivers goods/services directly to the participating member. • Awarded Vendor invoices the participating TIPS Member directly. • Awarded Vendor receives payment directly from the participating member. • Fees are due to TIPS upon payment by the Member to the Vendor. Vendor agrees to pay the participation fee to TIPS for all Agreement sales upon receipt of payment including partial payment, from the Member Entity or as otherwise agreed by TIPS in writing and signed by an authorized signatory of TIPS.

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