Testing Upon Delivery Clause Samples
The "Testing Upon Delivery" clause establishes the requirement for the recipient to inspect and test goods or services immediately after they are delivered. Typically, this involves the buyer conducting specified tests or checks within a set timeframe to confirm that the delivered items meet agreed-upon specifications and quality standards. If any defects or non-conformities are found during this period, the buyer must notify the seller, who may then be obligated to repair, replace, or otherwise address the issues. This clause ensures that any problems are identified and resolved promptly, thereby protecting the buyer from accepting substandard goods or services and clarifying the parties' responsibilities regarding quality assurance.
Testing Upon Delivery. Promptly following receipt of the Products in any shipment, JDS may check the compliance of such batch with the Specifications. Such compliance check shall be performed by JDS’s Quality Assurance department and shall be certified by the head of such department (or his/her designee). If JDS deems that any Products delivered to JDS hereunder fail to conform to written and approved Specifications upon delivery to JDS, then JDS shall notify NPI thereof in writing (such notice to include test results) within thirty (30) days from delivery of such Products to JDS. JDS shall retain the non-conforming Products and NPI shall have the right to inspect such Products. If NPI batch records show Products met JDS Specifications at time of delivery to Carrier, and it can be demonstrated that Product damage was due to shipping, handling or other events taking place after transfer to the Carrier, then NPI shall not be liable for any damage.
Testing Upon Delivery. Upon receipt of the Supplied Products in any shipment, FHP shall check the compliance of such batch with the Specifications. Such compliance check shall be performed by FHP's Quality Assurance department and shall be certified by the head of such department (or his/her designee). Copies of the certificate of analysis incorporating such certification shall be retained and made available to Dura within twenty (20) days of written request. If FHP deems that any Supplied Products delivered to FHP hereunder fail to conform to the Specifications upon delivery to FHP, then FHP shall notify DURA thereof in writing (such notice to include test results) within twenty (20) days from delivery of such Supplied Products to FHP. FHP shall retain the non-conforming Supplied Products and DURA shall have the right to inspect such Supplied Products.
Testing Upon Delivery. Promptly following receipt of the Products in any shipment, Allendale may check the compliance of such batch with the Specifications. Such compliance check shall be performed by Allendale’s Quality Assurance Department and shall be certified by the head of such department (or his/her designee). If Allendale deems that any Products delivered to Allendale hereunder fail to conform to written and approved Specifications upon delivery to Allendale, then Allendale shall notify NPI thereof in writing (such notice to include test results) within thirty (30) days from delivery of such Products to Allendale. Any non-conforming Products containing obvious defects discoverable without affecting the integrity of the packaging and will notify NPI of nonconformity within thirty (30) working days from its discovery at any time of any latent defects. Allendale shall retain the non-conforming Products and NPI shall have the right to inspect such Products. If NPI batch records show products met Allendale Specifications at time of delivery to Carrier, and that Product damage was due to shipping, handling or other events taking place after the transfer, then NPI shall not be liable for any damage.
Testing Upon Delivery. 3.9.1. Promptly following receipt of any shipment of C12 S24, Verde or its designee may check the compliance with the C12 batch conformance certificate or that it conforms to the Sample, by incorporating a sample of the shipment into the End Product and testing that End Product. If Verde or its designee reasonably deems that any C12 S24 delivered under this Agreement fails to conform to the product standards referenced in clause 3.8.1, then Verde shall notify C12 within twenty (20) days from delivery of such shipment specifying the basis of non-conformance. Verde or its designee shall retain the non-conforming C12 S24 and C12 shall have the right to inspect and test such C12 S24. If Verde or its designee does not notify C12 within twenty (20) days delivery of such shipment, the shipment will be deemed to conform to the product standards referenced in clause 3.8.1.
3.9.2. C12 shall, if it agrees with Verde’s complaint, replace any such non-conforming C12 S24 with an equal quantity of C12 S24 complying with the product standards referenced in clause 3.8.1 at no cost to Verde and without undue delay. Verde or its designee shall dispose of any C12 S24 that is not in compliance with the product standards referenced in clause 3.8.1 at C12’s expense, and in compliance with all applicable laws, except that Verde shall follow any reasonable instructions from C12 to return or dispose of such C12 S24 to C12 at C12’s expense.
3.9.3. If C12 does not agree with Verde’s complaint, then C12 shall notify Verde of such disagreement within thirty (30) days of receipt of notice from Verde. If the Parties cannot themselves resolve such disagreement within ten (10) business days of Verde’s receipt of C12’s notice of disagreement, then the matter shall be submitted (without undue delay) to an independent laboratory agreed by the Parties in order to resolve the disagreement by conducting an analysis of the End Products using the C12 S24 in question. The assessment of such laboratory shall be binding upon the Parties and any related expense shall be borne by the party whose analysis was in error.
Testing Upon Delivery. Promptly following receipt of the Products in any shipment, Celgene may check the compliance of such batch with the Specifications. Such compliance check shall be performed by Celgene's quality assurance and control departments and shall be certified by the head of such department (or his/her designee). If Celgene deems that any Products delivered to Celgene hereunder fail to conform to the Specifications, then Celgene shall notify NPI thereof in writing (such notice to include test results) within *** days from delivery of such Products to Celgene, or in the case of Products having Latent Defects, which upon diligent examination in accordance with the quality control testing procedures and *** - indicates material omitted pursuant to a Confidential Treatment Request and filed separately with the Securities and Exchange Commission. set out in the Specifications upon receipt could not have been discovered, within *** days after Celgene's discovery of such Latent Defect. Celgene shall retain the non-conforming Products and NPI shall have the right to inspect such Products.
Testing Upon Delivery. Promptly following receipt of the Products in any shipment, Allendale may check the compliance of such batch with the Specifications. Such compliance check shall be performed by Allendale’s Quality Assurance Department and shall be certified by the head of such department (or his/her designee). If Allendale deems that any Products delivered to Allendale hereunder fail to conform to written and approved Specifications upon delivery to Allendale, then Allendale shall notify NPI thereof in writing (such notice to include test results) within thirty (30) days from delivery of such Products to Allendale with respect to any non-conforming Products containing obvious defects discoverable without affecting the integrity of the packaging; provided, however, that, with respect to latent defects, Allendale will notify NPI of such nonconformity within thirty (30) working days from its discovery. Allendale shall retain the non-conforming Products and NPI shall have the right to inspect such Products. If NPI batch records show Products met the Specifications at time of delivery to the Carrier, and that the Product damage was due to shipping, handling or other events taking place after the transfer and unrelated to any negligence on the part of NPI or failure by NPI to comply with its obligations under this Agreement, then NPI shall not be liable for any damage.
(a) Remedy for Claims. If NPI agrees with Allendale’s claim or if a disputed claim is resolved in favor of Allendale, then, at Allendale’s discretion, (i) NPI shall replace any such Products with an equal quantity of Products complying with the Specifications at no cost to Allendale and without undue delay subject to the provisions of Section 8.2 of this Agreement (force majeure) or (ii) Allendale may return the nonconforming Product to NPI for full credit, and NPI shall pay all delivery and shipping and insurance costs in either circumstance. Allendale shall dispose of any Products that are not in compliance with the Specifications at NPI’s cost, and in compliance with all Applicable Laws, except that Allendale shall follow any reasonable instructions from NPI to destroy or return such Products to NPI at NPI’s cost.
Testing Upon Delivery