Defective Product definition
Examples of Defective Product in a sentence
Buyer shall be responsible for all recall or market withdrawal expenses, except to the extent such recall, market withdrawal or other required action directly and/or primarily results, from such Finished Product being a Defective Product (other than due to a Buyer API Responsibility), or from any other breach of this Agreement by Supplier (a “Supplier Recall Responsibility”), in which case such costs and expenses shall be shared according to each Party’s contribution to the problem.
Finished Product not timely rejected pursuant to Section 8.3 or 8.4 shall be deemed to have been accepted, and Buyer shall have no further right to reject such Finished Product as Defective Product; provided, however, that the foregoing shall not be deemed to limit, eliminate or otherwise modify Buyer’s rights or Supplier’s obligations under Section 12.