Non-conformity. In the event that Buyer determines that any Material is defective, damaged or otherwise not in conformity, Buyer may reject the Material and in such case, Buyer shall not be obligated for payment of the purchase price and may cancel the order/release without obligation or liability. Should Seller not make whole on promised goods and services or, if Buyer has already paid for the Material in question, Seller shall, at Buyer's option, either: (i) replace or reprocess the Material, or (ii) reimburse Buyer for the purchase price of the Material. In either case, Seller shall pay for incidental and verifiable costs including but not limited to, Xxxxx's cost of repackaging, manufacturing and transporting the defective Material and/or replacement Material to and from Buyer's or Buyer’s customer’s facility.
Non-conformity. 11.1. If any Goods, Services or Work Products are defective, latent or otherwise do not conform to the requirements of the Agreement, Signify shall notify Supplier and may, without prejudice to any other right or remedy available to it under the Agreement or at law, at its sole discretion:
Non-conformity. The applicability of Sections 7:17 and 7:20 to 7:23 inclusive of the Dutch Civil Code is hereby excluded.
Non-conformity. Non-conforming delivered products shall be handled in accordance with the conditions mentioned in subcontracting specification sheet CC SST GB 02.
Non-conformity. Bureau Veritas Certification auditors will only identify non-conformities that will help the company to improve their management system and to ensure that the requirements in the standard are fulfilled. Non-conformities can be raised as Critical, Major and Minor non-conformities (NCR’s). Critical NCR’s must be solved immediately and may prevent certification. In certain cases the certificate is immediately withdrawn and the company is excluded for a period of at least one year. Major non-conformities are raised e.g. if a requirement in the standard or major parts of it are not described or implemented and must be solved within 4 weeks. Minor non-conformities must be solved before within 6 months and is verified during next audit. A non-conformity can be upgraded when the corrective action is not implemented. In case of a critical non-conformity GMP+ Interna- tional is informed immediately via the GMP+ coordinator. Corrective actions for all non-conformities shall be carried out to the agreed date, and the implementation must be accepted by the auditor. In connection with the first certification and extension (recertification) the corrective actions of major non-conformities shall be accepted by Bureau Veritas Certification local office be- fore recommendation of certificate issuing can take place. For minor non-conformities a suggestion of a correc- tive action shall be approved before the recommendation. The same is in force for uploading of surveillance reports.
Non-conformity. In regard to all Products sold by Sensor-Technik to Xxxxx, if the Products are non-conforming products to the specifications and requirements, Sensor-Technik shall use commercially reasonable efforts to supply conforming Products as soon as reasonably possible and shall be solely responsible for any costs in shipment in providing conforming products.
Non-conformity. In the event the Products do not conform to the sample or prototype approved by OFSC, then OFSC shall be permitted to reject all non-conforming shipments and shall be entitled to, at OFSC's option, replacement products or reimbursement for the costs (including shipping and delivery charges) of the Products.
Non-conformity. The Purchaser may refuse any delivery that does not conform to the provisions of the Contract. The Supplier shall be obliged to take back at his own risk and expense, the Deliverables refused or those that exceed the quantities ordered. The Purchaser shall be entitled to terminate the Contract according to Article 10.1 below, or ask that the Deliverables be replaced as soon as possible at the Suppliers’ sole cost and risk, without prejudice to the Purchaser’s right to claim full compensation.
Non-conformity. It is hereby reiterated that, in the event of non-conformity of the delivery, with the exception of lead-times, the DS signed by the Customer shall include all the usual reservations. For any or all claim for non-conformity, it is expressly agreed that only A Xxxxxxx’x Quality Department shall be authorised to handle such claims. Consequently, the Customer shall inform the Quality Department by telephone with confirmation sent by fax. It is hereby further reiterated that no return of Goods shall be accepted without the PRA (Prior Return Agreement) document issued by the Quality Department. Failure to comply with this procedure shall lead to refusal and the return of the Goods at the Customer’s expense. It is also hereby reiterated that the costs related to a logistics claim duly noted by the Customer shall be subject, on the one hand, to notice by mail sent to the Sales Department, and, on the other hand, to the written agreement of A Xxxxxxx, which shall be deemed as acceptance of any or all expenses in respect of this claim.
Non-conformity. Supplier warrants that on delivery the products materially comply with the technical specifications whether standard or, as the case may be, customized specifications defined by the Buyer and validated by the Supplier. The non-conforming shipment or the non-conforming portion will be held by the Buyer and the Supplier will replace it with conforming products after the Supplier evaluation and recognizing of non-conformity. In the event that there is any disagreement with respect to conformity, such dispute will be resolved by submitting a sample of the disputed products or portions thereof to a mutually agreed independent laboratory for testing within fifteen (15) days of the date the disagreement arose. The non-prevailing party in the dispute will bear the costs associated with such testing
