SHIPPING; INSPECTION Sample Clauses

SHIPPING; INSPECTION. (a) Laureate shall package for shipment Bulk Intermediate, or other samples in accordance with Customer's written instructions and at the Customer's expense. All shipments will be F.O.B the Facility and Customer shall bear all packaging, shipping and insurance charges as per Appendix 8 hereto. Delivery of Bulk Intermediate or other samples by Laureate shall be deemed to have taken place upon delivery to carrier at the Facility. Title and risk of loss shall transfer to Customer on transfer to Customer's designated carrier at the Facility. Laureate shall accept no liability or responsibility and risk associated with the loss of Filled Products once this transfer has occurred. Laureate shall retain representative samples of Bulk Intermediate and Filled Products for record keeping, testing and regulatory purposes, including in accordance with applicable laws, rules and regulations. (b) If Customer reasonably determines that any shipment of Bulk Intermediate or other Filled Product does not conform to the warranty set forth in Section 19(f), then Customer shall give Laureate written notice of such nonconformity (including a sample from such shipment) (i) within [****** (**)] days after Customer's receipt of such nonconforming Bulk Intermediate or Filled Product, in the case of non-conformities that can be ascertained by the exercise of reasonable diligence, or (ii) within [ ********(**)] days after discovery thereof, in the case of other non-conformities (including, without limitation, non-conformities relating to stability), but in no event later than [******* (**)] days after Customer's receipt of such Bulk Intermediate or Filled Product. If Laureate receives a written notice of nonconformity under this Section 15(b), Laureate shall undertake appropriate testing of the Customer provided [******* (**)] days after receipt of such sample. If Laureate notifies Customer that it has not confirmed such non-conformity or that no non-conformity exists, Customer shall submit the disputed shipment for testing to an independent testing laboratory reasonably acceptable to Laureate and of recognized standing in the industry (the "Laboratory"). The findings of the Laboratory shall be binding on the Parties. The expenses of such testing shall be borne by Laureate if the testing confirms the non-conformity; otherwise, the testing expenses shall be borne by Customer. (c) If any Bulk Intermediate or Filled Product delivered to Customer pursuant to this Agreement does not confor...