LABEL CODES Clause Samples

LABEL CODES. Diamond shall code all labels affixed to each unit of the packaged Products to identify the Product batch. Distributor shall not remove or obliterate label codes or patent marking on any Products.

LABEL CODES. QUALITY ASSURANCE 4.01 [*] shall code all labels affixed to each unit of the packaged Products to identify the Product batch. A copy of the coded label for each batch along with a report on the date and number and type of units packaged and labeled shall be promptly forwarded to the Customer. 4.02 Prior to shipping any Product to the Customer, [*] shall analyze the Product for the purpose of determining whether it conforms with the Specifications, such analysis to be made in accordance with methods of analysis to be in compliance with each licensed product Outline of Production as expressed in Section V thereof referenced in Exhibits B and C attached hereto. For each batch of Product delivered to the Customer, [*] shall, concurrently with delivery of notice of Product completion pursuant to Section 3.04 above, deliver to the Customer a certificate of analysis specifying the results of the analysis required to show conformity of the Product to Specifications. 4.03 The Customer shall have 30 days after receipt of the Product to inspect the Product and reject the same. If the Product is rejected, written notice must be given to [*] no later than 30 days after receipt by the Customer. In the event it is determined through consultation between both parties, or by a third party acceptable to and at the shared expense of both parties, that any Product shipped by [*] hereunder does not conform with the Specifications, at the Customer's option, (i) [*] shall be relieved of any obligation to deliver any Product with respect to the non-conforming shipment and in such case [*] shall credit against future purchases by Customer the purchase price of such non-conforming Product paid by Customer together with any shipping costs paid by the Customer for delivery of such non-conforming Product, or (ii) [*] shall replace the non-conforming Product with substitute Product which conforms with said Specifications and any other requirements of this Agreement, within the time agreed to by both parties, in which case the Customer shall pay to [*] amounts in accordance with Section 3 hereof based on the substitute shipment. The non-conforming Product shall become the property of and returned to [*] at [*]'s expense. [*] shall dispose of such Product at its own expense according to all appropriate regulations. 4.04 [*] shall substitute Product at no cost to the Customer to complete any Product recall required by subsequent determination that the Product was not produced in accordanc...