TESTING, ACCEPTANCE AND REJECTION Sample Clauses
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TESTING, ACCEPTANCE AND REJECTION. 5.1 All products purchased in accordance with these general terms and conditions of purchase (as well as all products being processed) are subject to verification and testing by Purchaser (or a public body where the goods are produced in relation to a contract stipulated with the public administration), at any time and, from time to time, before, during or after production and delivery. Where verification or testing is to be carried out at the premises of Seller/Supplier, the latter, without any additional charges, will provide all reasonable support and assistance, in order to ensure the safety of the
5.2 Purchaser's testing before, during or after manufacturing and delivery shall not in any way limit Purchaser's right to refuse the products, due to any latent defects. The products rejected by Purchaser may be returned to Seller/Supplier at the latter's expense. Seller/Supplier will not replace the defective products, unless expressly requested in writing by Purchaser.
TESTING, ACCEPTANCE AND REJECTION. (a) ElectraNet may test the Goods as it sees fit:
(i) before delivery to ElectraNet, whether at the Supplier's premises or elsewhere; and
(ii) after the Goods have been delivered and installed in accordance with the Contract.
(b) ElectraNet must accept the Goods upon being satisfied the Goods comply with the Contract, are fully functional and meet ElectraNet 's requirements.
(c) If ElectraNet is not satisfied as to the matters in clause 4.2(b), ElectraNet may reject the Goods by written notice to the Supplier. If it rejects the Goods, title to and risk in the Goods will revert to the Supplier and the Supplier must immediately remove the Goods from ElectraNet’s premises and make good any damage at the Supplier’s cost.
TESTING, ACCEPTANCE AND REJECTION. (a) Onyx or its designee may test each Batch of Drug Substance within thirty (30) days of receipt (the "Acceptance Period") for compliance with XOMA's warranties in Section 8.1(a). By the end of the Acceptance Period, Onyx will either accept such Batch or reject it for non-compliance with XOMA's warranties in Section 8.1(a). Any such notice of rejection shall be in writing and shall indicate the reasons for such rejection. If XOMA does not receive a notice of rejection by the end of the Acceptance Period, Onyx shall be deemed to have accepted such Batch. Once Onyx accepts a Batch, Onyx shall have no recourse against XOMA if the product is subsequently deemed unsuitable for use for any reason, except as provided in Sections 5.6(b) and (c) and 9.2.
(b) If, after accepting a Batch, Onyx subsequently discovers or learns of a nonconformity with Specifications that could not reasonably be detected through the inspection pursuant to Section 5.6(a) or a latent nonconformity arising after inspection other than those caused by improper shipping, handling or storage after delivery by XOMA, Onyx may
TESTING, ACCEPTANCE AND REJECTION. Upon Schering’s receipt of each batch of clinical supply of the Product, Schering or its designee shall have thirty (30) days to inspect such batch to determine its compliance with the Specifications. If Schering does not notify Sonus of Schering’s rejection of a batch of said Product within such thirty (30) day period, such Product shall be deemed accepted subject to Product warranties under Section 7.1. If Schering rejects any batch of Product (“Defective Product”), Sonus shall promptly notify Schering in writing if it either: (a) agrees with the rejection, in which event Sonus shall promptly replace such Defective Product with Product complying with the Specifications to the extent it is able to do so under the MSA and shall request in writing that Schering either return or destroy the rejected batch of Product at no additional cost to Schering; or (b) dispute Schering’s rejection. If Sonus disputes Schering’s rejection, then the Parties shall engage a mutually acceptable Third Party laboratory to make a final and binding determination if the rejection was proper. The fees and expenses of such laboratory testing shall be borne entirely by the Party against whom such findings are made. If such laboratory determines that such batch of Product has not been reasonably rejected, then such batch shall automatically be deemed to have been accepted by Schering, and if it has not already done so, Schering will pay the amount for the batch of Product initially rejected by Schering. If such laboratory determines that such batch of Product has been reasonably rejected, or if Sonus agrees with Schering’s rejection, then Sonus shall promptly replace such Defective Product with Product complying with the Specifications.
TESTING, ACCEPTANCE AND REJECTION. ElectraNet may test the Goods as it sees fit:
(i) before delivery to ElectraNet, whether at the Supplier's premises or elsewhere; and
(ii) after the Goods have been delivered and installed in accordance with the Contract. ElectraNet must accept the Goods upon being satisfied the Goods comply with the Contract, are fully functional and meet ElectraNet 's requirements. If ElectraNet is not satisfied as to the matters in clause 4.2(b), ElectraNet may reject the Goods by written notice to the Supplier. If it rejects the Goods, title to and risk in the Goods will revert to the Supplier and the Supplier must immediately remove the Goods from ElectraNet’s premises and make good any damage at the Supplier’s cost.
TESTING, ACCEPTANCE AND REJECTION. (a) Onyx or its designee may test each Batch of Drug Substance within thirty (30) days of receipt (the "ACCEPTANCE PERIOD") for compliance with XOMA's warranties in Section 8.1(a). By the end of the Acceptance Period, Onyx will either accept such Batch or reject it for non-compliance with XOMA's warranties in Section 8.1(a). Any such notice of rejection shall be in writing and shall indicate the reasons for such rejection. If XOMA does not receive a notice of rejection by the end of the Acceptance Period, Onyx shall be deemed to have accepted such Batch. Once Onyx accepts a Batch, Onyx shall have no recourse against XOMA if the product is subsequently deemed unsuitable for use for any reason, except as provided in Sections 5.6(b) and (c) and 9.2.
(b) If, after accepting a Batch, Onyx subsequently discovers or learns of a nonconformity with Specifications that could not reasonably be detected through the inspection pursuant to Section 5.6(a) or a latent nonconformity arising after inspection other than those caused by improper shipping, handling or storage after delivery by XOMA, Onyx may revoke its acceptance of such Batch by giving written notice to XOMA of the nonconformity within ten (10) days of discovering it.
(c) After Onyx gives a notice of rejection under Section 5.6(a) or revocation of acceptance under Section 5.6(b), the Parties will cooperate to determine whether rejection or revocation of acceptance was necessary or justified. XOMA will evaluate process issues and other reasons for such potential non-compliance. XOMA will notify Onyx as promptly as reasonably possible whether it accepts Onyx's basis for any rejection or revocation of acceptance. If the Parties disagree whether the Batch did not comply with the warranties in Section 8.1(a), the Parties will submit a sample of such Batch and applicable documentation to a mutually acceptable independent Third Party laboratory, which shall make a final and binding determination as to whether such Batch conforms with the warranties in Section 8.1(a) and thereby as to whether Onyx's rejection or revocation of acceptance of such Batch was justified. The Party against whom the Third Party laboratory rules shall bear all costs of the Third Party testing.
(d) If at the time of Onyx's rejection or revocation of acceptance of a Batch pursuant to this Section 5.6 the Parties do not agree whether such rejection or revocation of acceptance was justified under this Section 5.6, XOMA will use commercially reaso...
TESTING, ACCEPTANCE AND REJECTION