Defective Packaging definition
Examples of Defective Packaging in a sentence
The independent party’s determination as to whether or not Packaging is Defective Packaging and the cause of any nonconformity shall be final and binding.
For the avoidance of doubt, where the cause of nonconformity cannot be determined or assigned, it shall not be deemed Catalent Defective Processing or Catalent Defective Packaging.
Unless otherwise agreed to by the parties in writing, the costs associated with such testing and review shall be borne by PCI if Packaging is Defective Packaging attributable to PCI Fault, and by Client in all other circumstances.
Catalent will, at its option, either replace or repackage any Defective Product attributable to Catalent Defective Processing or Catalent Defective Packaging or credit any payments made by Client for such Batch.
Unless within […***…] days after Client’s physical receipt of a Batch, including batch records (“Review Period”), Client or its designee notifies PCI in writing (an “Exception Notice”) that the Packaging of such Batch does not meet the warranty set forth in Section 12.1 (“Defective Packaging”), and provides a sample of the alleged Defective Packaging, the Packaging shall be deemed accepted by Client and Client shall have no right to reject such Batch.
Upon timely receipt of an Exception Notice from Client, PCI shall conduct an appropriate investigation in its discretion to determine whether or not it agrees with Client that the Packaging is Defective Packaging and to determine the cause of any nonconformity.
Such acceptance will not apply in the case of any Defective Packaging not reasonably susceptible to discovery upon receipt of the Packaged Product, such defect to be defined as a “Latent Defect”.
Any Packaging Material that does not meet or exceed the product specifications of Schedule B ("Nonconforming or Defective Packaging Material") will be set aside for inspection by International Paper.
If PCI agrees that Packaging is Defective Packaging, then Section 6.3 shall apply.
Hansen's ▇▇▇▇▇▇ to indemnify, defend and hold harmless International Paper from and against all claims, actions, losses, demands, suits, including reasonable attorney fees arising out of this Agreement, other than claims, actions, losses, demands or suits arising out of Nonconforming or Defective Packaging Materials due to the negligence of International Paper.