Remedy for Defective Product Sample Clauses

Remedy for Defective Product. Except as set forth in paragraph 11.1, SEPRACOR's sole and exclusive remedy against 3M for any defect or other failure in the Product (including failure to meet Specifications) (except a failure caused by SEPRACOR Components) is to have defective Product replaced or to receive a credit or refund for the price paid by SEPRACOR for said Product, at 3M's option. SEPRACOR's sole and exclusive remedy against 3M for any loss of Active Ingredient and/or Components shall be as detailed in paragraph 6.5 above. EXCEPT AS SET FORTH IN ARTICLE 11, IN NO EVENT SHALL ONE PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO PRODUCT, THIS AGREEMENT OR THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, UNDER ANY THEORY OF LAW, INCLUDING BUT NOT LIMITED TO, CONTRACT, TORT OR STRICT LIABILITY.
Sample 1
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Remedy for Defective Product. If any Product delivered by CATALYST to XXXX is finally agreed or determined to be Defective by CATALYST or by an independent laboratory as described in 8.8(2), then CATALYST shall, at XXXX’x discretion, and without limitation to CATALYST’s indemnification obligations, either replace the Defective Product at no additional cost to XXXX or (to the extent that XXXX has already paid for the Defective Product) give credit to XXXX for the Defective units and all costs paid by XXXX in relation thereto (including freight, insurance and all applicable taxes). XXXX will, at CATALYST’s expense and in accordance with CATALYST’s written instructions, either return or destroy all Defective Product. All claims made concerning Defective Products must be made pursuant to Article 8.8(1). In the case where XXXX shall fail to notify in accordance with Article 8.8(1), XXXX shall be deemed to have waived any remedies with respect to Defective Products.
Sample 1
Remedy for Defective Product. CoreRx shall, at the option of Client, either (A) replace such Defective Product, at CoreRx’s cost with Product that conforms to the Specifications, or (B) if such replacement cannot be accomplished within [***] days from the later of (i) the date of Client’s request or (ii) the date that Client-supplied Materials are made available to Process such replacement Product (if there are not sufficient amounts already available to CoreRx), credit any payment made by Client for such Defective Product..
Sample 1
Remedy for Defective Product. Methanex’s remedy with respect to any Product that is Defective Product, shall be a refund of the pro rata portion of the aggregate amount paid by Methanex pursuant to this Agreement during the month in which such Defective Product was produced, such pro rata portion to be the percentage determined by dividing the amount of Product which is Defective Product by the aggregate amount of Product produced during such month. Methanex, in its sole option, may elect the remedy set forth in this Section 10 by providing written notice to Terra. SCHEDULE C FORM OF NOTICE OF ASSIGNMENT [Customer Legal Entity Name] Dear [Customer Contact] Re: Contract Assignment Notice We are writing to advise you that Terra Industries Inc. has entered into an agreement with Methanex Methanol Company (“Methanex”), an affiliate of Methanex Corporation, pursuant to which, Methanex has purchased, effective as of December 31, 2003, certain assets from Terra including your contract (the “Transaction”). This will notify you that the contract(s) between Terra and [Customer Legal Entity Name (“customer name short form”)] (the “Contract(s)”) will be assigned to Methanex, effective as of December 31, 2003 (the “Assignment”). The Transaction will not impact your supply of methanol under your Contract. From your perspective, the Transaction will be seamless. In the coming days, a representative of Terra will contact you to discuss the Transaction and answer any questions or concerns that you may have. In the interim, if you have questions and would like to speak to a representative of Terra, please contact Dxxxxxx Xxxxx, Director, N.A. Industrial Sales. Please acknowledge your consent to the Assignment by signing one of the two signature originals of this agreement in the space provided below and returning one of the signed originals to me in the enclosed FEDEX envelope. Since the Transaction will be completed in the next two weeks, your prompt response to this letter is appreciated. Yours truly, BMC Holdings Inc. / Terra Industries Inc. By: Authorized Signatory The terms and conditions of this letter are hereby acknowledged by the undersigned and the undersigned hereby consents to the Assignment as set forth above. By Print Name Title Date SCHEDULE D SPECIFICATIONS IMPCA-2002 TEST LIMIT TEST METHODS Appearance Clear & Free IMPCA 003-98 Color Pt-Co Max 5 ASTM D 1209-00 Purity% wt on dry basis Min 99.85 IMPCA 001-02 Water% w/w Max 0.1 ASTM E 1064-00 Distillation Range At 760 mm Hg Max 1.0 C to inc...
Sample 1
Remedy for Defective Product. Catalent shall, at the option of Client, either (A) […***…], or (B) if […***…] within […***…] days from the later of (i) the date of Client’s request or (ii) the date that Client-supplied Materials are made available to Process such replacement Product (if there are not sufficient amounts already available to Catalent), […***…]. For the avoidance of doubt, […***…]. THE OBLIGATION OF CATALENT TO REPLACE DEFECTIVE PRODUCT IN ACCORDANCE WITH THE SPECIFICATIONS OR CREDIT PAYMENTS MADE BY CLIENT FOR DEFECTIVE PRODUCT AND COSTS OF CLIENT-SUPPLIED MATERIALS AS PROVIDED IN THIS SECTION 5.4, SHALL BE CLIENT’S SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT FOR CATALENT CAUSED DEFECTIVE PRODUCT AND IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED.
Sample 1
Remedy for Defective Product. If any Product delivered by CATALYST to KYE is finally agreed or determined to be Defective by CATALYST or by an independent laboratory as described in 8.8(2), then CATALYST shall, at KYE’s discretion, and without limitation to CATALYST’s indemnification obligations, either replace the Defective Product at no additional cost to KYE or (to the extent that KYE has already paid for the Defective Product) give credit to KYE for the Defective units and all costs paid by KYE in relation thereto (including freight, insurance and all applicable taxes). KYE will, at CATALYST’s expense and in accordance with CATALYST’s written instructions, either return or destroy all Defective Product.
Sample 1

Related to Remedy for Defective Product

  • Defective Product Seller must guarantee a return for all defective products. a) Goods rejected by Buyer for whatever reason shall be held, transported and/or stored at Seller’s sole expense. Seller shall promptly reimburse Buyer for any such expenses. B) Defective product purchase COD will be returned COD to Seller or COD check will be cancelled, at Buyer’s discretion. c) Seller is responsible for all costs associated RoHS noncompliance returns and will accept a full return for all parts not meeting RoHS compliance criteria if necessary. d) Seller is 100% responsible for all monetary and/or rework costs associated with product failures in addition to any further cost whatsoever associated with product failures. e) If suspect parts/counterfeit parts are furnished under this agreement such parts shall be impounded by Buyer. Buyer may provide a sample batch Supplier for verification and authentication. In addition, Buyer reserves the right to send such items to the appropriate manufacturer and appropriate authorities for investigation. f) Seller shall be liable for all costs relating to impound, investigation, removal, or replacement of suspect/counterfeit parts.

  • Defective Products None of the Group Companies has manufactured, sold or supplied products which are, or were, in any material respect, faulty or defective, or which do not comply in any material respect with any representations or warranties expressly made by such Group Company, or with all applicable regulations, standards and requirements.

  • Product Warranty Seller provides general warranties of fitness and general warranties that the goods are free from defects, for 1 year from acceptance of the goods, except as may otherwise be set forth in the Description/Proposal, or other attached warranty.

  • Limited Product Warranty BYD warrants that the Product will be free from defects in materials or workmanship for a period of ten (10) years from Warranty Start Date, subject to the exclusions and limitations set out below.

  • Liability for defects Aptum is dependent on manufacturers and developers of the Branded Products for updates and patches, including security patches, and will have no liability to Customer, Customer’s Users or any third party with respect to security vulnerabilities inherent in the applicable Branded Products.

  • Defective Work Work that, for any reason, is not in compliance with the Contract Documents. Defective Work is usually identified in a Notice of Non-Compliant Work.

  • Latent Defects Notwithstanding anything to the contrary set forth herein, no acceptance, or deemed acceptance, by City pursuant to this Section shall be applicable with respect to any Latent Defects. An acceptance, or deemed acceptance, by City pursuant to this Section shall not mean that City has accepted, or the other party has been relieved of, responsibility for: (i) compliance with the Laws; (ii) the proper application of construction means or methods; or (iii) correcting any portion of the Project if it later is determined that any portion of the Project is inconsistent with the Final Documents and Drawings.

  • 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.

  • Product Warranty Claims When we receive a valid warranty claim for an HP hardware or software product, HP will either repair the relevant defect or replace the product. If HP is unable to complete the repair or replace the product within a reasonable time, Customer will be entitled to a full refund upon the prompt return of the product to HP (if hardware) or upon written confirmation by Customer that the relevant software product has been destroyed or permanently disabled. HP will pay for shipment of repaired or replaced products to Customer and Customer will be responsible for return shipment of the product to HP.

  • Product Recalls The Company is not aware of any pattern or series of claims against the Company or any of its subsidiaries which reasonably could be expected to result in a generalized product recall relating to products sold by the Company or any of its subsidiaries, regardless of whether such product recall is formal, informal, voluntary or involuntary.

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