Common use of Defective Product Clause in Contracts

Defective Product. Catalent will, at its option, either reprocess any Batch of Defective Product or credit any payments made by Client for such Batch of Defective Product provided that Client is responsible for Product defects due to API and Client-Supplied Materials other than to the extent attributable, in whole or in part, to Catalent’s negligence or willful misconduct or omission. THE OBLIGATION OF CATALENT TO (A) REPLACE DEFECTIVE PROCESSING IN ACCORDANCE WITH THE SPECIFICATIONS OR CREDIT PAYMENTS MADE BY CLIENT FOR DEFECTIVE PRODUCT AND (B) REIMBURSE CLIENT FOR API LOST IN THE DEFECTIVE BATCH, SUBJECT TO THE LIMITATIONS IN ARTICLE 14, SHALL BE CLIENT’S SOLE AND EXCLUSIVE REMEDY UNDER THIS ARTICLE FOR DEFECTIVE PRODUCT AND IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED.

Appears in 3 contracts

Samples: Manufacturing Agreement (Clarus Therapeutics Inc), Manufacturing Agreement (Clarus Therapeutics Inc), Blue Water Acquisition Corp.

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Defective Product. Catalent will, at its option, either reprocess any Batch of Defective Product or credit any payments made by Client for such Batch of Defective Product provided that Client is responsible for Product defects due to API and Client-Supplied Materials other than to the extent attributable, in whole or in part, to Catalent’s 's negligence or willful misconduct or omission. THE OBLIGATION OF CATALENT TO (A) REPLACE DEFECTIVE PROCESSING IN ACCORDANCE WITH THE SPECIFICATIONS OR CREDIT PAYMENTS MADE BY CLIENT FOR DEFECTIVE PRODUCT AND (B) REIMBURSE CLIENT FOR API LOST IN THE DEFECTIVE BATCH, SUBJECT TO THE LIMITATIONS IN ARTICLE 14, SHALL BE CLIENT’S 'S SOLE AND EXCLUSIVE REMEDY UNDER THIS ARTICLE FOR DEFECTIVE PRODUCT AND IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED.

Appears in 1 contract

Samples: Manufacturing Agreement (Clarus Therapeutics Inc)

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