Credit or Refund. In the event that Product supplied by Corgenix under the terms of this Agreement is determined to be non-conforming Product, Corgenix shall reimburse BG Medicine for the full purchase paid to Corgenix, if any, for such non-conforming Product. Such reimbursement shall also include the cost of the BGM Critical Components included in such non-conforming Product, if it is determined that Product failure is due to materials provided by or activities performed by Corgenix. If Product failure is due to failure of Critical Components provided by BG Medicine, BG Medicine shall be responsible to pay for Critical Components necessary for replacement Product or Lot.
Appears in 2 contracts
Sources: Supply Agreement, Supply Agreement (BG Medicine, Inc.)