Examples of Defective Packaging in a sentence
If Manufacturer agrees that Product is Defective Product or a Packaged Product is a Defective Packaged Product and the cause of the nonconformity is attributable to Manufacturer’s breach of its Processing or Packaging obligations under this Agreement, gross negligence or willful misconduct (“ Manufacturer Defective Processing ” or “ Manufacturer Defective Packaging ”, as applicable), then Section 8.3 shall apply.
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.
For avoidance of doubt, where the parties agree that the cause of nonconformity cannot be determined or assigned, or where the independent third party retained pursuant to Section 5.2 cannot determine or assign the cause of nonconformity, it shall be deemed not Catalent Defective Processing or Catalent Defective Packaging, as applicable.
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”.
Unless otherwise agreed to by the parties in writing, the costs associated with such testing and review shall be borne by Catalent if Product is Defective Product attributable to Catalent Defective Processing or Catalent Defective Packaging, and by Client in all other circumstances.
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.
In the event of a disagreement between the parties regarding whether Product is Defective Product and/or whether the cause of the nonconformity is Catalent Defective Processing or Catalent Defective Packaging, then Catalent and Client shall use reasonable efforts to resolve such disagreement as promptly as possible.
Catalent shall, at Client’s option, either (A) re-Process or re-Package (or if re-Processing or re-Packaging is not permissible under cGMPs, then replace), at Catalent’s cost any Batch of Defective Product attributable to Catalent Defective Processing or Catalent Defective Packaging (and Client shall be liable to pay for either the rejected Batch(es) or the replacement Batch(es), but not both), or (B) credit any payments made by Client for such Batch.
There was no guarantee that voices would actually be heard or significantly shape decision-making processes.
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.