Nonconforming Product. If within five (5) days after arrival at customer, Product is found to be out of specification by Gavilon or by an independent laboratory using industry approved analysis and sampling methods (“Nonconforming Product”), such condition will be promptly communicated to Producer. Gavilon will provide a copy of the certified laboratory report(s) * Portion omitted pursuant to request for confidential treatment filed separately with the Securities and Exchange Commission. evidencing the Nonconforming Product along with available chain of custody documentation. Producer may, within the succeeding five (5) days of receipt of such notice, take steps to refute or verify such nonconformance, including by obtaining an independent certified lab test and by observing conditions at the customer’s site that may impact test results including chain of custody of sample. All disputes regarding nonconforming product shall be settled pursuant to NGFA rules. Upon verification of such nonconformance, Producer will then direct Gavilon to either (i) sell the Nonconforming Product at a discounted price, or (ii) return the Nonconforming Product to Producer. If such Nonconforming Product is not discountable, Producer may replace the Nonconforming Product with an acceptable type and/or quality of Product within five (5) days of receipt of written notice that the delivered Product is nonconforming and that such nonconformance has been confirmed. In the event Producer cannot replace the Nonconforming Product within the five (5) day period, Gavilon shall have the option to return the Nonconforming Product, withhold payment therefor and purchase replacement Product. Producer will be responsible for all direct costs of replacing or disposing of any Nonconforming Product, including any costs reasonably incurred by Gavilon as a result of the Nonconforming Product and/or any unreasonable delay by Producer in obtaining conforming Product. Such costs may include, without limitation, reasonably incurred storage costs or costs reasonably incurred by Gavilon to return such Nonconforming Product to Producer. If such Nonconforming Product is sold by Gavilon at a discount, the Price payable by Gavilon will be calculated in the normal manner.
Nonconforming Product a. The Seller shall not use dispositions of Use-As-Is or Repair except as outlined below if-
Nonconforming Product. In the event Supplier obtains goods, items or materials (for purposes of this paragraph, “Product”), which are not in conformity with Buyer’s specifications, drawings, other requirements of Buyer or Supplier’s warranties hereunder, which Products are to be provided by Supplier pursuant to this Order, Supplier shall immediately notify Buyer, in writing, identifying the Products, together with the subject matter of the nonconformity. Buyer ,in its sole and exclusive discretion, may determine, on a case-by-case basis, that Supplier may use or deliver to Buyer the nonconforming Product; provided however, that such determination by Buyer shall not constitute a waiver of any obligations, warranties or liabilities of Supplier as provided in this Order, except with respect to the specific portion of the Product which is the subject of Supplier’s written disclosure to Buyer and Buyer’s subsequent written consent to use or deliver such nonconforming Product.
Nonconforming Product a. Unless otherwise specified in this Contract, any goods delivered under this Contract shall consist of new materials. Used, reconditioned or remanufactured goods will not be delivered to the Buyer unless the Buyer expressly agrees in writing to accept such goods prior to delivery.
Nonconforming Product. If any three (3) consecutive shipments contain nonconforming Product and BTC (1) fails to replace any nonconforming Product with conforming Product in a timely manner or (2) fails to replace nonconforming Product within fifteen (15) Business Days after a dispute regarding whether any rejected quantity of any Product constitutes nonconforming Product is decided in Auxilium’s favor, then Auxilium may exercise its Standby Rights by providing written notice.
Nonconforming Product. Rejected assemblies will be verified by Compaq MRB team. If verified as defective, the material/lot will be disposition as RTV, UAI, Scrap or Rework. Supplier Corrective Action will be initiated for each unit defect (Section 6.6).
Nonconforming Product. In the event that Supplier provides PPF that does not meet the Regulations or does not conform to the Specifications, or contains latent defects, or that has not been manufactured, processed, stored, distributed, tested, transported, disposed of or otherwise handled in accordance with applicable SOPs, the Specifications, cGMPs and the Regulations (“Nonconforming Product”), Supplier will at no cost to Bayer, and as soon as reasonably feasible, replace such Nonconforming Product with an equivalent amount of conforming PPF. Bayer shall destroy all Nonconforming Product and promptly provide a certificate of destruction to Supplier. Supplier shall reimburse Bayer for the reasonable costs of such destruction. In addition to those obligations set forth above, Supplier shall provide Bayer with the identification number of any plasma unit that was pooled and manufactured into a batch or lot of Nonconforming Product delivered to Bayer.
Nonconforming Product. In the event the Product is determined to be Nonconforming Product (whether by agreement of XXXX pursuant to Section 4.1 or by an independent expert pursuant to Section 4.2), all such Nonconforming Product shall be either returned to XXXX or destroyed, at XXXX’x option; notwithstanding, CLIENT may retain a limited amount of Nonconforming Product for archival purposes and for comparability testing. Additionally, XXXX shall re-perform its Services to replace such Nonconforming Product at its own cost and expense and shall use commercially reasonable efforts to replace such Nonconforming Product in a reasonable time given any contractually obligated capacity constraints but in no case less than […***…] from the date that the Bulk Drug Substance is determined to be nonconforming. *** Confidential Treatment Requested CLIENT shall be responsible for all costs and expenses for all materials (including without limitation, CLIENT MATERIALS) and Process Consumables utilized in replacement of Nonconforming Product except where it is determined that the failure of the nonconformance product is determined to be due to XXXX’x negligence, in which case XXXX shall be responsible for all costs and expenses including materials and process consumables.
Nonconforming Product. Seller may attempt to obtain authorization to ship nonconforming products or materials by submitting a request for Waiver of the nonconforming conditions. The written request at a minimum must include the purchase order & line-item numbers, part number and revision, a detailed description of nonconformance(s), quantity, batch and serial numbers. In the event that a Waiver is requested, Seller may be assessed a charge to offset the administrative and technical assessment costs of preparing and submitting the Waiver. This cost would be assessed regardless of whether the Waiver is approved by Xxxxx’s customer. Processing of a Request for Waiver does not guarantee Customer approval of the Request for Waiver. Buyer will provide Seller with a written response indicating rejection or acceptance of the Waiver Request. Seller is obligated to notify Buyer in writing of any nonconforming condition(s) identified post-delivery of products and materials shipped to Buyer. Written notification of nonconforming condition(s) must be submitted to Buyer within 5 days and must include the pertinent information as noted above for Waiver requests.
Nonconforming Product. The Supplier is responsible for establishing controls to ensure that products / services not conforming to the purchase order are identified, segregated, dispositioned, and controlled to prevent inadvertent use. All costs associated with non-conforming material (including freight, handling, material replacement, inspection costs, rework, etc.) may be charged back to Supplier. Supplier authorization to return nonconforming product is required within 24 hours of notification. In the event that Supplier identifies a nonconformance with products or material, Supplier shall notify Buyer. Supplier must quarantine and contain suspect lot(s) and withhold shipment of these lot(s) until authorized by Xxxxx’s quality representative. Supplier is responsible to address containment of the nonconforming product in transit and at Supplier’s facility. If suspect product has been shipped, Supplier must notify Buyer’s Quality and Purchasing representative within 24 hours and provide complete traceability information for known or suspect nonconforming product shipped, including but not limited to batch/lot number, purchase order, part identification, and dates of shipment.
