Common use of Testing of Product Upon Receipt Clause in Contracts

Testing of Product Upon Receipt. Celltech shall, as soon as practical after receipt of Product into Consignment Inventory or from other than Consignment Inventory, examine the Product for any apparent non-conformance and carry out or have carried out, routine laboratory testing and other chemical analysis of the Product as required by the relevant Marketing Authorizations and/or Regulatory Authority(ies). Celltech shall promptly notify Orphan Medical if such examination or testing establishes the basis to reject the Product for non-conformance. Any such notice shall identify the specific claims of non-conformance and include copies of relevant test results or other materials indicating such non-conformance. Upon receipt of a notification of non-conformance, Orphan Medical and Celltech shall compare test results obtained during release testing of the Product by Orphan Medical to the results Celltech obtained during acceptance testing to evaluate the potential cause of discrepancy. If Orphan Medical confirms such non-conformity, it shall promptly so notify Celltech. If Orphan Medical does not confirm such non-conformity, it shall promptly so notify Celltech, and the parties shall submit the disputed Product shipment for testing to an independent testing laboratory or other independent Third Party expert mutually acceptable to the parties. Notwithstanding Section 15.2, the findings of the testing laboratory or Third Party expert shall be binding on the parties. The expenses of such testing shall be borne by Orphan Medical if the non-conformity is confirmed, and otherwise by Celltech. Without limiting Celltech's other remedies as herein provided, Orphan Medical shall promptly replace properly rejected Product. Celltech shall return such Product or, if requested by Orphan Medical, destroy the Product and provide the certification described in Section 7.12.

Testing of Product Upon Receipt. Celltech shall, as soon as practical after receipt of Product into Consignment Inventory or from other than Consignment Inventory, examine the Product for any apparent non-conformance and carry out or have carried out, routine laboratory testing and other chemical analysis of the Product as required by the relevant Marketing Authorizations and/or Regulatory Authority(ies). Celltech shall promptly notify Orphan Medical if such examination or testing establishes the basis to reject the Product for non-conformance. Any such notice shall identify the specific claims of non-conformance and include copies of relevant test results or other materials indicating such non-conformance. Upon receipt of a notification of non-conformance, Orphan Medical and Celltech shall compare test results obtained during release testing of the Product by Orphan Medical to the results Celltech obtained during acceptance testing to evaluate the potential cause of discrepancy. If Orphan Medical confirms such non-conformity, it shall promptly so notify Celltech. If Orphan Medical does not confirm such non-conformity, it shall promptly so notify Celltech, and the parties shall submit the disputed Product shipment for testing to an independent testing laboratory or other independent Third Party expert mutually acceptable to the parties. Notwithstanding Section 15.2, the findings of the testing laboratory or Third Party expert shall be binding on the parties. The expenses of such testing shall be borne by Orphan Medical if the non-conformity is confirmed, and otherwise by Celltech. Without limiting Celltech's ’s other remedies as herein provided, Orphan Medical shall promptly replace properly rejected Product. Celltech shall return such Product or, if requested by Orphan Medical, destroy the Product and provide the certification described in Section 7.12.