Hidden Defect definition

Hidden Defect means a non-specified quality attribute of a single batch defect in the Product which is not discovered by Nycomed during its release testing of the Product as such testing is described in the Specifications. If testing of such Shipment using validated assays shows a Non-Conforming Product, Nycomed may return the entire Shipment, or any portion thereof, to Acusphere at Acusphere's expense within a reasonable time following the above described testing, provided that notice of Non-Conformity is received by Acusphere from Nycomed within sixty (60) days of Nycomed's receipt of said Shipment, except for hidden defects. Nycomed shall have the right to request that Acusphere provide to Nycomed, within sixty (60) days after such notice is received by it, Product that is free from such Non-Conformity or to promptly provide Nycomed with full credit for the Purchase Price paid by Nycomed for the returned Product. In case of a hidden defect, Nycomed shall notify Acusphere within sixty (60) days after discovery of such hidden defect, and Nycomed shall have the right to request that Acusphere provide to Nycomed, within sixty (60) days after a notice concerning a hidden defect is received by it, Product that are free from any Non-Conformity, or to promptly provide Nycomed with full credit for the Purchase Price paid by Nycomed for the returned Product. In either case the cost of freight and handling to return or replace the returned Product shall be at the expense of Acusphere. If Nycomed does not notify Acusphere of the Non-Conformity of the Product within sixty (60) days of receipt of said Shipment, the Product shall be deemed to be free from any Non-Conformity, except for hidden defects. Notwithstanding anything in this Agreement to the contrary, the Parties may agree to a return of the Product or an adjustment in the Purchase Price in the event of any failure or defect in the Product. Should there be a discrepancy between Nycomed's test results and the results of testing performed by Acusphere, the Parties agree to first review the assay procedures and data in good faith, but such discrepancies shall be finally resolved by testing performed by an independent Third Party mutually agreed upon by Nycomed and Acusphere. The costs of such testing shall be borne by the Party against whom the discrepancy is resolved. In the event Product has been previously returned to Acusphere and an independent Third Party determines that the Product is free from 38 any Non-Conformity, N...

Hidden Defect means a defect or fault in a Vehicle that is not visible at the time of inspection for the purpose of issuing Our Vehicle Condition Report, and which is the cause of or contributes to any damage, deterioration or wastage to a Vehicle.

Hidden Defect means those deviations from the Specifications that are not visible or readily identifiable at the time of delivery. ​

Examples of Hidden Defect in a sentence

• In respect of non-conformities which a reasonable and diligent Customer could not have discovered during a thorough inspection (“Hidden Defect”), Customer must notify us thereof within ten (10) business days after discovery of the Hidden Defect.

• As soon as possible but not exceeding the shelf life of any Product, if either Party becomes aware of a Hidden Defect in such Product, it will, within five (5) business days of becoming aware of such Hidden Defect, notify the other Party in writing about all Product involved (a “Hidden Defect Rejection Notice”).

• Savient shall bear all costs associated with a recall of the Product unless such recall is caused by a Hidden Defect with respect to the Bulk Product, in which case BTG shall pay all costs associated with the recall, up to the maximum value of the Product Price paid by Savient to BTG for the Bulk Product containing such Hidden Defect.

• Savient shall be solely responsible for all Product Liability Claims that arise out of Non-Conforming Bulk Product in each of the following cases: (A) such non-conformance occurred after the Bulk Product was delivered to Savient or (B) the Non-Conforming Bulk Product was manufactured by BTG in strict adherence with the Process or (C) such Non-Conformance was not the result of a Hidden Defect.

• With respect to damages or non-conformities of Product that by their nature are not discoverable upon a reasonable visual inspection (“Hidden Defects”), (i) Distributor will notify the Company in writing (or by e-mail or fax) within two business days of learning of or discovering a Hidden Defect; and (ii) the parties will meet promptly to discuss the situation and agree on a reasonable and appropriate resolution under the circumstances, subject to the terms of the Continuing Guaranty.

More Definitions of Hidden Defect

Hidden Defect means a defect in a Product which cannot reasonably be detected, either upon Delivery or upon first receipt by Purchaser, by means of a customary visual inspection of the shipment (without opening secondary packaging) or by consulting the Certificate of Analysis accompanying such Product.

Hidden Defect means a defect in any shipment of Product that could not reasonably be expected to have been found by diligent and adequate inspection by Amylin pursuant to Section 4.1, such as the presence of any Contaminant or failure to follow cGMPs.

Hidden Defect means a defect which prevents use of the Product for its normal application and which could not have been discovered by Schering-Plough upon routine inspection following its receipt of the Product.

Hidden Defect means a defect that causes Product to fail to conform to the Specifications or to the warranties provided by Manufacturer hereunder, which defect is not discoverable upon reasonable physical inspection and testing performed pursuant to Section 5.3 but is discovered at a later time (e.g., in the course or as a result of long-term stability studies).

Hidden Defect means any defect in any Lot that could not reasonably be expected to have been found by diligent and adequate inspection and testing by AMYLIN, such as failure to follow CGMPs.

Hidden Defect means a defect to a Product which renders it Defective and is already present at the date of its delivery, but, despite diligent, industry standard visual inspection, is not detected at the time of an inspection carried out pursuant to Section 8.05.

Hidden Defect means any Component's failure (i) to have been manufactured in accordance with this Agreement, including, without limitation, cGMP in effect at the time of manufacture, or (ii) to conform in all material respects to the Specifications in effect at the time of manufacture, to the exclusion of any failure which was or could have been identified through commercially reasonable and adequate inspection and testing based on mutually agreed inspection criteria as set out in the Specifications and according to Section 9.1.