Common use of Non-Conforming Product Clause in Contracts

Non-Conforming Product. ▇▇▇▇ shall inspect the Products that are delivered by Corium pursuant to this Agreement according to ▇▇▇▇’▇ standard inspection guidelines, prior to their distribution and sale by ▇▇▇▇ or sublicensees or distributors. If a shipment of Products, or any portion thereof, is adulterated, damaged, defective or otherwise non-conforming, then ▇▇▇▇ shall have the right to reject such shipment, or the portion thereof that fails to so conform, as the case may be, upon written notice to Corium, specifying the grounds for such rejection, within [*] following the date on which ▇▇▇▇ receives from Corium the invoice relating to such shipment of Products. If no notice of rejection is given by ▇▇▇▇ within such [*] period or with respect to a shipment of Products, then such shipment shall be deemed to have been accepted; provided, however, that any failure to provide a notice of rejection by ▇▇▇▇ shall not be deemed to be an acceptance in the event that any reason for rejection exists that could not be discovered during a reasonable inspection of such shipment. In the event of any such rejection[*]. If Corium agrees with ▇▇▇▇’▇ claim, [*]. If ▇▇▇▇ and Corium are unable to resolve their differences, then either ▇▇▇▇ or Corium may refer the matter to a certified analytical firm of international reputation independent of and acceptable to both Parties for final analysis using a sample from such shipment provided by ▇▇▇▇, which shall be binding on ▇▇▇▇ and Corium. The fees and disbursements of such firm shall be paid by the Party whose contention is rejected by the firm.

Non-Conforming Product. ▇▇▇▇ shall inspect the Products Product that are is delivered by Corium pursuant to this Agreement according to ▇▇▇▇’▇ standard inspection guidelines, prior to their distribution and sale by ▇▇▇▇ or sublicensees or distributors. If a shipment of ProductsProduct, or any portion thereof, is from visual inspection adulterated, damaged, defective or otherwise non-conforming, then ▇▇▇▇ shall have the right to reject such shipment, or the portion thereof that fails to so conform, conform as the case may be, upon written notice to Corium, specifying the grounds for such rejection, within [*] following the date on which ▇▇▇▇ receives from Corium the invoice relating to such shipment of ProductsProduct. If no notice of rejection is given by ▇▇▇▇ within such [*] period or with respect to a shipment of ProductsProduct, then such shipment shall be deemed to have been accepted; provided, however, that any failure to provide a notice of rejection by ▇▇▇▇ shall not be deemed to be an acceptance in the event that any reason for rejection exists that could not be discovered during a reasonable inspection of such shipmentshipment in which case ▇▇▇▇ shall have the right to reject the shipment within [*] of the discovery of such latent defect, but in no event later than [*] following the date on which ▇▇▇▇ receives from Corium the invoice relating to such shipment of Product. For the avoidance of doubt, ▇▇▇▇ shall have no obligation to inspect any shipment beyond ordinary visual inspection. In the event of any such rejectionrejection pursuant to this Section 8.8, [*]. If Corium agrees with ▇▇▇▇’▇ claim, [*]. If ▇▇▇▇ and Corium are unable to resolve their differences, then either ▇▇▇▇ or Corium may refer the matter to a certified analytical firm of international reputation independent of and acceptable to both Parties for final analysis using a sample from such shipment provided by ▇▇▇▇, which shall be binding on ▇▇▇▇ and Corium. The fees and disbursements of such firm shall be paid by the Party whose contention is rejected by the firm.and

Non-Conforming Product. ▇▇▇▇ shall inspect the Products Product that are is delivered by Corium pursuant to this Agreement according to ▇▇▇▇’▇ standard inspection guidelines, prior to their distribution and sale by ▇▇▇▇ or sublicensees or distributors. If a shipment of ProductsProduct, or any portion thereof, is from visual inspection adulterated, damaged, defective or otherwise non-conforming, then ▇▇▇▇ shall have the right to reject such shipment, or the portion thereof that fails to so conform, conform as the case may be, upon written notice to Corium, specifying the grounds for such rejection, within [*] following the date on which ▇▇▇▇ receives from Corium the invoice relating to such shipment of ProductsProduct. If no notice of rejection is given by ▇▇▇▇ within such [*] period or with respect to a shipment of ProductsProduct, then such shipment shall be deemed to have been accepted; provided, however, that any failure to provide a notice of rejection by ▇▇▇▇ shall not be deemed to be an acceptance in the event that any reason for rejection exists that could not be discovered during a reasonable inspection of such shipmentshipment in which case ▇▇▇▇ shall have the right to reject the shipment within [*] of the discovery of such latent defect, but in no event later than [*] following the date on which ▇▇▇▇ receives from Corium the invoice relating to such shipment of Product. For the avoidance of doubt, ▇▇▇▇ shall have no obligation to inspect any shipment beyond ordinary visual inspection. In the event of any such rejectionrejection pursuant to this Section 8.8, [*]. If Corium agrees with ▇▇▇▇’▇ claim, [*]. If ▇▇▇▇ and Corium are unable to resolve their differences, then either ▇▇▇▇ or Corium may refer the matter to a certified analytical firm of international reputation independent of and acceptable to both Parties for final analysis using a sample from such shipment provided by ▇▇▇▇, which shall be binding on ▇▇▇▇ and Corium. The fees and disbursements of such firm shall be paid by the Party whose contention is rejected by the firm*Confidential Treatment Requested.