Common use of Nonconforming Materials Clause in Contracts

Nonconforming Materials. Unipath shall not use any packaging or other Product materials that do not comply with the Specifications or Laws. Unipath shall promptly contact Warner-Lambert, c/o Warner-Lambert's Quality Assurance Department or ▇▇▇▇ ▇▇▇▇▇ ▇▇rsons ▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇s Warner-Lambert may instruct, in the event that Unipath anticipates m▇▇▇▇▇ ▇▇▇▇▇▇▇ to any such material or in the event Unipath considers any such material to be nonconforming or unacceptable. If Unipath uses any non-conforming Product material without prior written approval by Warner-Lambert, Unipath shall be responsible for all losses, costs a▇▇ ▇▇▇▇▇▇▇▇ ▇▇ffered or incurred by Warner-Lambert as a result of such use and any expenses incurred by ▇▇▇▇▇▇▇ ▇▇ ▇▇▇ correction thereof regardless of any involvement Warner-Lambert may have had in connection with such material includi▇▇ ▇▇▇▇▇▇▇▇▇ ▇r purchasing Product materials or designating approved suppliers; PROVIDED THAT, except for visually observable defects, Unipath shall have no responsibility for any non-conformity of Product materials at the time received by Unipath.

Appears in 2 contracts

Sources: Manufacturing Agreement (Inverness Medical Innovations Inc), Manufacturing Agreement (Inverness Medical Innovations Inc)