Non-Conforming Sample Clauses
A Non-Conforming clause defines the consequences and procedures when goods, services, or deliverables do not meet the agreed-upon specifications or standards outlined in a contract. Typically, this clause allows the receiving party to reject, require correction, or demand replacement of non-conforming items, and may set timelines for notification and remediation. Its core practical function is to ensure quality control and provide a clear process for addressing deficiencies, thereby protecting the interests of the party expecting compliant performance.
Non-Conforming. If, during the Acceptance Procedure, any Product is determined by Client or * as Non-Conforming Product, at the option of Client, * shall take Commercially Reasonable Efforts to promptly Manufacture replacement Product (except to the extent prohibited by cGMP or applicable QAG) and deliver to Client the quantity of the Product equivalent to the quantity of Non-Conforming Product on a date to be * Confidential material redacted and filed separately with the Commission. mutually agreed by the Parties and such replacement Batch shall be invoiced and paid for as if it were the original Non-Conforming Product. If * does not confirm the non-conformity, the Parties shall refer to an independent and mutually agreed-on laboratory or firm with international repute to test the disputed Product. The costs of the independent laboratory will be borne by the Party responsible for the Batch Failure, as determined by the independent laboratory, whose written decision shall be binding on the Parties. If the independent laboratory is paid in advance of a final written determination, the Parties shall share equally such expense, and the Party at fault shall reimburse the other Party for its share of any such expenses paid after there has been a final written determination made by the independent laboratory. Section 5.9.2(a) (i) and (ii) shall apply to such replaced Product mutatis mutandis. Responsibility for the costs of such Non-Conforming Product shall be as if such Non-Conforming Product is a Batch Failure and Section 5.8.2 – 5.8.4 shall apply to such Non-Conforming Product mutatis mutandis. The remedies contained in this Section 5.9.2 shall be the sole and exclusive remedy of client for Non-Conforming Product.
Non-Conforming. Tender Materials or services supplied under this contract shall fully comply with the contract. The delivery of materials or services or a portion of the materials or services that do not fully comply constitutes a breach of contract. On delivery of nonconforming materials or services the Area Agency may terminate the contract for default under applicable termination clauses in the contract, exercise any of its rights and remedies under the Uniform Commercial Code, or pursue any other right or remedy available to it.
Non-Conforming. If, during the Acceptance Procedure, any Product is determined by Client as Non-Conforming Product, and SBL confirms such non-conformity, such non-conformity shall be treated as a Batch Failure, and the remedy set forth in Section 4.11 above shall apply to the Non-Conforming Product mutatis mutandis. Notwithstanding anything to the contrary, Client agrees to [*]. The remedies contained in this Section shall be the sole and exclusive remedy of client in the event of Non-Conforming Product.
Non-Conforming. MATERIAL - Suppliers are responsible for notifying Accutron if non-conforming materials have been inadvertently shipped to Accutron, Inc. As stated herein --- Seller is responsible for all cost associated Order, RoHS, REACH, WEEE, or other applicable regulatory requirement deficiencies and will accept a full return for all parts not meeting current Order, Federal or applicable State regulations.
Non-Conforming. Tender means a Tender that does not strictly comply with the Tender Criteria and includes an Alternative Tender.
Non-Conforming. If, during the Acceptance Procedure, any Product is determined by Client as Non-Conforming Product, and SBL confirms such non-conformity, or such non-conformity is confirmed pursuant to Section 4.11.2, such non-conformity shall be treated as a Batch Failure, and the remedy set forth in Section 4.11 above shall apply to the Non-Conforming Product mutatis mutandis. Notwithstanding anything to the contrary, Client agrees to [***]. The remedies contained in this Section 4.12.2 shall be [***].
Non-Conforming. Client Materials or Latent Defect in Components. If Product does not meet Product Requirements and cannot be released by Catalent, or Product is rejected by Client, and such Product’s failure to meet the Product Requirements is the result of nonconforming Client Materials or a latent defect in a Component that was not discoverable by the exercise of ordinary diligence and reasonable care, then such non-conformity shall not be deemed the result of the negligence or willful misconduct of Catalent.
Non-Conforming. Clean Coal - Clean Coal that does not meet or improve upon the Quality Specifications. Operational Date - The first day of the calendar month immediately following the day that the Pond Fines Recovery Facility is (i) fully staffed and equipped to conduct BP’s intended operations at that Facility and (ii) able to operationally produce 20,000 tons of Conforming Clean Coal during a calendar month. Operations Plan - A written submittal from BP to PMC describing anticipated operational events for the initial Term of this Agreement. It shall include (i) a timetable in the form of a ▇▇▇▇▇ Chart for the completion of the construction of all facilities contemplated by this Agreement, and plant start-up and commissioning, (ii) production and quality forecasts, and (iii) ▇▇▇▇▇▇▇ chart, and (iv) other material matters relevant to the conduct of Pond Recovery Operations. Parties - PMC and BP Penalties - Price reductions to the Standard Compensation Rate based upon Clean Coal deliveries from BP to PMC that do not meet the quality specifications set out in Section 13.2 of this Agreement. PMC’s Thickener Underflow - Waste material resulting from the operation of Pinnacle Preparation Plant that is pumped and deposited in the ▇▇▇▇▇ Branch Refuse Impoundment, or delivered directly to the Pond Fines Recovery Facility.
Non-Conforming. MATERIAL - Suppliers are responsible for notifying Solutions Manufacturing if non-conforming materials have been inadvertently shipped to Solutions Manufacturing. As stated herein --- Seller is responsible for all cost associated Order, RoHS, REACH, WEEE, or other applicable regulatory requirement difficulties and will accept a full return for all parts not meeting current Order, Federal or applicable State regulations.
Non-Conforming an individual who may act or present in a way contrary to societal expectations of their gender