Product Recall Sample Clauses

Product Recall. (a) If a recall is required by applicable Law, or if Buyer or Supplier reasonably determines that a recall is advisable because the goods may create a potential safety hazard, are not in compliance with any applicable code, standard or legal requirement, or contain a defect or non-conformance with the requirements of this Order occurring or likely to occur in multiple goods, which such defects or non-conformances are substantially similar or have substantially similar causes or effects (collectively a “Serial Defect”), the parties shall promptly communicate such facts to each other. At Buyer’s request, Supplier shall promptly develop a corrective action plan satisfactory to Buyer, which shall include all actions required to recall and/or repair the goods and any actions required by applicable Law (“Corrective Action Plan”) for Buyer’s review and approval. At Buyer’s election, Xxxxx may develop the Corrective Action Plan. In no event shall Buyer and Supplier’s failure to agree on the Corrective Action Plan delay the timely notification of a potential safety hazard, non-compliance or Serial Defect to users of the goods, cause either party to be non-compliant with applicable Law or prevent Buyer from taking reasonable actions to prevent injury or damage to persons, equipment or other property. Supplier and Buyer shall cooperate with and assist each other in any corrective actions and/or filings, if applicable. (b) To the extent a recall is required by applicable Law, or due to a potential safety hazard, non-compliance or Serial Defect, which is caused by Supplier, Supplier shall indemnify and hold Buyer harmless from all reasonable costs and expenses incurred in connection with any recall, repair, replacement or refund program, including all costs related to: (i) investigating and/or inspecting the affected goods; (ii) notifying Buyer’s customers; (iii) repairing, or where repair of the goods is impracticable or impossible, repurchasing or replacing the recalled goods; (iv) packing and shipping the recalled goods; and (v) media notification. Each party shall consult the other before making any statements to the public or a governmental agency relating to such recall, potential safety hazard, non- compliance or Serial Defect, except where such consultation would prevent timely notification required by Law.
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Product Recall. In the event product delivered has been recalled, seized, or embargoed and/or has been determined to be misbranded, adulterated, or found to be unfit for human consumption by the packer, processor, manufacturer or by any State or Federal regulatory agency, the Contractor shall be responsible to notify the State through DAS, Office of State Purchasing and all ordering agencies/entities within two business days after notice has been given. Contractor shall, at the option of the ordering agency, either reimburse the purchase price or provide an equivalent replacement product at no additional cost. Contractor shall be responsible for removal and/or replacement of the affected product within a reasonable time as determined by the ordering agency. At the option of the ordering agency, Contractor may be required to reimburse storage and/or handling fees to be calculated from time of delivery and acceptance to actual removal. Contractor will bear all costs associated with the removal and proper disposal of the affected product. Failure to reimburse the purchase price or provide equivalent replacement product will be considered a default.
Product Recall. 15.1 Product may be recalled by XDx for any of the following reasons: (A) where required by Applicable Laws and Regulations; (B) following an order to recall by any Regulatory Authority; or (C) where XDx determines that recall is necessary or advisable for safety reasons. Diaxonhit shall administer all aspects of any Product recall in accordance with provisions of this clause 15. 15.2 If Diaxonhit determines that any Product should be recalled, or if Diaxonhit becomes aware that a recall is required by law, then Diaxonhit shall notify XDx in writing within twenty-four (24) hours of such determination and shall consult with XDx regarding the most appropriate course of action. XDx shall review the written notice and provide a written response to Diaxonhit within twenty-four (24) hours of receipt of Diaxonhit’s notice of such determination. Diaxonhit shall give XDx notice of any life endangering situation or requirement for a recall of any Product mandated by any Regulatory Authority promptly. 15.3 If XDx determines that any Product should be recalled because of safety reasons, XDx shall notify Diaxonhit in writing within twenty four (24) hours of such determination and the reason for such recall and Diaxonhit shall proceed with the recall in accordance with Diaxonhit’s recall procedures and any reasonable instructions provided by XDx. 15.4 Following the decision to recall any Product, XDx shall provide Diaxonhit with a prepared statement for use in response to any inquiries regarding any recall of the Product. Diaxonhit shall use such prepared statement to respond to any inquiries received with regard to the recall and shall not make any other statement regarding such recall. 15.5 Subject to a cap of 100% of the Royalties actually received by XDx in the Sales Year in which a recall occurs, if any Product is recalled, XDx shall reimburse Diaxonhit for the direct out-of-pocket costs of activities incurred as a result of the recall, (e.g., travel, transportation, destruction and publicity costs) except those internal costs directly incurred and necessary to administer the recall; provided, however, that XDx shall not reimburse any costs associated with the recall to the extent that such recall is due to the fault, negligence, recklessness or wrong-doing of Diaxonhit or any of Diaxonhit’s Affiliates or Sales Agents, or their directors, officers, employees or agents or due to a breach of this Agreement by Diaxonhit. 15.6 In addition to its obligations under claus...
Product Recall. In the event that any of the goods are found by the Contractor, the State, any governmental agency, or court having jurisdiction to contain a defect, serious quality or performance deficiency, or not to be in compliance with any standard or requirement so as to require or make advisable that such goods be reworked or recalled, the Contractor will promptly communicate all relevant facts to the State Entity and undertake all corrective actions, including those required to meet all obligations imposed by laws, regulations, or orders, and shall file all necessary papers, corrective action programs, and other related documents, provided that nothing contained in this section shall preclude the State Entity from taking such action as may be required of it under any such law or regulation. The Contractor shall perform all necessary repairs or modifications at its sole expense except to any extent that the Contractor and the State Entity shall agree to the performance of such repairs by the State Entity upon mutually acceptable terms.
Product Recall. (a) If a recall is required by applicable Law, or Buyer or Supplier reasonably determines that a recall is advisable based on the fact that that the goods create a potential safety hazard, the parties shall promptly communicate such facts to each other. At Buyer’s request, Supplier shall promptly develop a corrective action plan, which shall include all actions required to recall and/or repair the goods and any actions required by applicable Law (“Corrective Action Plan”) for Buyer’s review and approval. At Buyer’s election, Xxxxx may develop the Corrective Action Plan. Supplier and Xxxxx agree to cooperate and work together to ensure that the Corrective Action Plan is acceptable to both parties. In no event shall Buyer and Supplier’s failure to agree on the Corrective Action Plan delay the timely notification of a potential safety hazard to users of the goods or cause either party to be non-compliant with applicable Law. Supplier and Buyer shall cooperate with and assist each other in any corrective actions and/or filings. (b) To the extent a recall is determined to have been caused by a defect, non-conformance or non-compliance, which is the responsibility of Supplier, Supplier shall indemnify and hold harmless Buyer from all reasonable costs and expenses incurred in connection with any recall, repair, replacement or refund program, including all costs related to: (i) investigating and/or inspecting the affected goods; (ii) notifying Buyer’s customers; (iii) repairing, or where repair of the goods is impracticable or impossible, repurchasing or replacing the recalled goods; (iv) packing and shipping the recalled goods; and (v) media notification. Each party shall consult the other before making any statements to the public or a governmental agency relating to such recall or potential safety hazards, except where such consultation would prevent timely notification required by Law.
Product Recall. If this Contract includes the provision of goods and in the event that any of the goods are found by the Contractor, the State, any governmental agency, or court having jurisdiction to contain a defect, serious quality or performance deficiency, or not to be in compliance with any standard or requirement so as to require or make advisable that such goods be reworked or recalled, the Contractor will promptly communicate all relevant facts to the State Entity and undertake all corrective actions, including those required to meet all obligations imposed by laws, regulations, or orders, and shall file all necessary papers, corrective action programs, and other related documents, provided that nothing contained in this section shall preclude the State Entity from taking such action as may be required of it under any such law or regulation. The Contractor shall perform all necessary repairs or modifications at its sole expense except to any extent that the Contractor and the State shall agree to the performance of such repairs by the State upon mutually acceptable terms.
Product Recall. In the event that any of the goods provided by Contractor pursuant to this Agreement are found by the Contractor, the District, any governmental agency, or any court of competent subject matter jurisdiction adjudicating a dispute arising out of this Agreement or arising out of any other contract between Contractor and a third party for the same or substantially similar goods, to contain a defect, serious quality or performance deficiency, or to otherwise not be in compliance with any standards or requirement so as to require or make advisable that such goods be reworked or recalled, Contractor, will promptly communicate all relevant facts to the District’s School Nutrition Program and undertake all necessary corrective actions, including those required to meet all obligations imposed by laws, regulations or orders, and shall file all necessary papers, corrective action programs, and other related documents, provided that nothing contained in this section shall preclude the District from taking any such action as may be required of it under such law or regulation or as the District, in its sole discretion, deems reasonably necessary for the health, safety, and welfare of District’s students, staff, and visitors. The District will not accept any goods that have been reworked or recalled, the Contractor will reimburse the District for any previously delivered goods that have been recalled. The Contractor will further indemnify and hold harmless the District from any and all third party claims arising out of the Contractor’s provision of recalled goods as provided in this Agreement.
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Product Recall. 19.1. The Supplier shall notify the Company immediately on becoming aware of any reason which may lead to the Supplier or the Company carrying out a product recall, including without limitation, any claim concerning the safety of Goods or their non-compliance with any specification or Regulation. 19.2. If, in the opinion of the Company, it is necessary to withdraw all or some of the Goods from its premises or from sale or to recall all or some of the Goods from its customers or any third party which may have ownership or possession of the same, then:- (i) the Company shall give immediate written notice to the Supplier of its decision and its reasons; (ii) the Supplier shall have 24 hours to respond in writing to such notice either by agreeing to such recall, (in which event Clause 19.2(iv) shall prevail) or giving reasons why it does not agree to such recall; (iii) if any dispute over the proposed recall cannot be agreed within a further 12 hours, but the Company has been notified by a regulatory authority or has other justifiable reason to believe that the Goods are unsafe or may cause damage to third parties or their property, the Company may commence a product recall in its own name; (iv) in the event that the Supplier agrees with the Company that a product recall should take place, it will conduct the product recall in its own name (or if it is a Company ‘own brand’ in joint names or the Company’s sole name at the Company’s sole option) with the assistance of the Company at the Supplier’s own cost and will indemnify the Company for all reasonable costs and expenses incurred in relation thereto; (v) The Parties will use their best endeavours to agree a product recall procedure in advance. In the absence of such agreement, a product recall will be conducted in accordance with the Company’s standard product recall procedure if it is a Company ‘own brand’ product. The Supplier’s procedure shall be used for Supplier branded products if it is, in the Company’s opinion, a satisfactory procedure to ensure the safety of its customers is paramount. The Supplier shall have in place a suitable policy of insurance for adequate amounts in respect of any product recall, which should as a minimum have coverage of £5million. (vi) The Supplier shall indemnify and keep the Company indemnified in full and on demand for all direct, indirect or consequential liability damages claims, losses including without limitation loss of anticipated profit costs and expenses including...
Product Recall. If any Governmental Entity issues a recall or takes similar action in connection with the Products, or if MEC determines that an event, incident or circumstance has occurred which may require a recall or market withdrawal, MEC shall advise Distributor of the circumstances by telephone or facsimile. MEC shall have the right to control the arrangement of any Product recall, and Distributor shall cooperate in the event of a Product recall with respect to the reshipment, storage or disposal of recalled Products, the preparation and maintenance of relevant records and reports, and notification to any recipients or end users. MEC shall pay all reasonable expenses incurred by Distributor of such a recall, including the costs of destroying Products. Distributor, shall promptly refer to MEC for exclusive response to all customer or consumer complaints involving the health, safety, quality, composition or packaging of the Products, or which in any way could be detrimental to the image or reputation of MEC or the Products, and shall notify MEC of any governmental, customer or consumer inquiries regarding the Products about which Distributor becomes aware.
Product Recall. No Product (or any component thereof) has been recalled, suspended, withdrawn, seized, discontinued or the subject of a refusal to file, clinical hold, deficiency or similar action letter (including any correspondence questioning data integrity) as a result of any action by any Governmental Entity, by the Seller or any of its Affiliates; nor are any such actions pending or under consideration (or any facts, conditions, or circumstance known) by the Seller or any of its Affiliates, or, to the Seller’s Knowledge, by any Governmental Entity. There is not, to the Seller’s Knowledge, pending or threatened litigation anywhere in the world seeking the recall, withdrawal, suspension, seizure or discontinuance of any of the Products.
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