Hidden Defects. Before processing the Goods, Xxxxx will inspect the Goods for possible quality deviations or other hidden defects. Hid- den defects not visible upon delivery and which become apparent later, must be notified to Seller in writing within 72 (seventy-two) hours after they have been or reasonably should have been discovered, failing which Buyer shall have irrevocably accepted the Goods.
Hidden Defects. If it is found that a Batch of Products has not been manufactured in accordance with the Product Specifications, cGMP and/or FRESENIUS’ warranties hereunder, which could not reasonably be found by diligent and adequate inspection by TRANSMEDICS (a “Hidden Defect”), TRANSMEDICS shall notify FRESENIUS within thirty (30) days of the discovery of such Hidden Defect but in any case within 12 months from the delivery of said Batch THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [***] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. of Products. Such Batch of Products (or relevant portion thereof) shall be treated as rejected pursuant to Section 9.1 above.
Hidden Defects defects in Products that cannot be detected despite careful examination of the Products by the Recipient on acceptance.
Hidden Defects. For the purposes of this Clause 12, "
Hidden Defects. For purposes of this Agreement, "hidden defect" means a defect in the Product not discovered by Connetics during its testing of the Product in accordance with generally accepted practices in the pharmaceutical industry and which would not be a defect reasonably expected to be discovered in accordance with such testing. In the case of a hidden defect, Connetics shall have the right to request that APG provide to Connetics, within 30 days after APG receives notice of the hidden defect, Product that meets the Specifications or to promptly provide Connetics with full credit for the Purchase Price paid by Connetics for the returned Product.
Hidden Defects. For the avoidance of doubt the Parties agree that in addition to the regularDefects remedy procedure as specified in this Section X,ni the event the Principalbecomes aware of anypreviously unnoticed error, fault, omission, or defect in an already completed Assignment after the Final Acceptance Datethe Principalshall give prompt notice thereof to the Contractor. The Contractor shall have the obligation to correct such error, fault, omission, or defect in the Assignment ornon-conformance of any action forming part of the Assignment, free of any additional charge or payment, in no more than seven (7) calendar days after the reception of the respective notice from the Principal.
Hidden Defects. 5.4.1. The Customer must inform Kadonation of any hidden defect by e-mail to the address xxxxxxxx@xxxxxxxxxx.xxx no later than two (2) Business Days after it has/should have been detected, and in any case within twelve (12) months upon delivery, at the risk of forfeiture.
Hidden Defects. For the avoidance of doubt the Parties agree that in addition to the regular Defects remedy procedure as specified in this Section XI. Commencement of Services, remedying of Defects and acceptance, in the event the Principal or the respective Implementing Body becomes aware of any previously unnoticed error, fault, omission, or defect in an already completed Assignment after the Completion Date the Principal shall give prompt notice thereof to the AsBo. The AsBo shall have the obligation to correct such error, fault, omission, or defect in the Assignment or non-conformance of any action forming part of the Assignment, free of any additional charge or payment, in no more than seven (7) calendar days after the reception of the respective notice from the Principal.
Hidden Defects. In the event of hidden or latent defects which cannot be discovered by conducting the required reasonable examination, the time period for extended examination du- 160 Ferrari, in: Ferrari et al. (eds), Internationales Vertragsrecht (2007), Art. 38 CISG para. 19. 161 Gruber, in: MünchKommBGB (2008), Art. 38 para. 37. 162 Gruber, in: MünchKommBGB (2008), Art. 38 para. 38; Obergericht des Kantons Zug (Switzer- land) 19 December 2006 (stove), CISG-Online 1427 (Pace). 109 110 111 112 113 xxxxx://xxx.xxXxx/0x0xx.0x00X0/x0x00xx0000000000-000 583
Hidden Defects. As soon as either Party becomes aware of a Hidden Defect in any Product lot, it shall immediately notify the other Party and the Batch involved, at CENTRIX's election, shall be deemed rejected as of the date of such notice, subject to INTERPHARM's right to dispute the notice as set forth below. In the event that the notice is not disputed, INTERPHARM shall refund all moneys paid for the shipment of Product involved.
