Examples of Non-Conforming Product in a sentence
If Dana determines that it is necessary to repair a Non-Conforming Product, which will include performing such additional work (including the cost of any materials) as is necessary to make such Non- Conforming Product fully conforming (the “Remedial Work”), then Dana may elect to (a) perform the Remedial Work itself, (b) have a third party perform the Remedial Work or (c) have Supplier perform the Remedial Work.
In the case of (a) or (b), the cost of such Remedial Work will be, at Dana’s option, offset against the amounts otherwise due Supplier for such Non-Conforming Product or reimbursed separately by Supplier within 30 days of Dana’s request.
Dana may elect to return the Non-Conforming Product to Supplier and have Supplier, at its cost and as directed by Dana, replace the returned Non-Conforming Product with a replacement Product, such replacement Product to be delivered to the Dana in accordance with all instructions provided by Dana in writing.
Each Party shall act in good faith and shall cooperate with the other Party and with any Third Party or arbitrator appointed pursuant to Section 8.5 in connection with an investigation as to the existence of or source of any Non-Conforming Product supplied under this Agreement.
During any rejection discussions, upon ARIAD SWISSCO’s request, ARIAD US shall supply ARIAD SWISSCO with additional Product, using expedited shipping at ARIAD US’s expense, which ARIAD SWISSCO shall otherwise purchase on the same terms (adjusted for credit for Non-Conforming Product) as the Product that is the subject of the rejection discussions.