Replacement of Defective Packaged Products Sample Clauses

Replacement of Defective Packaged Products. Subject to subsection (a), Cardinal Health shall replace, at its sole expense, all defective or non-conforming Packaging in excess of normal manufacturing losses for the Product, as defined in Section 7(g). In the event Cardinal Health is required to replace defective or nonconforming Packaging pursuant to this Section 8, Cardinal Health shall replace, at its cost, all defective or nonconforming Packaged Product with conforming Packaged Product. In such event, Cardinal Health shall supply, at its cost, the Packaging components necessary to Package replacement Product and Purchaser shall supply to Cardinal Health, at Purchaser’s expense, the Product necessary to Package the replacement Product. Notwithstanding the foregoing, if the Product is adulterated or impaired solely as a result of Cardinal Health’s failure to comply with Specifications, the applicable certificate of analysis or any Applicable Law, then Cardinal Health shall be responsible for the cost of the adulterated or impaired Product necessary for the replacement of Packaging as set forth above, provided, however, that Cardinal Health’s responsibility shall be limited to Seventy Five Thousand Dollars ($75,000) per Purchase Order and One Hundred Fifty Thousand Dollars ($150,000) in the aggregate in any month and that the cost of the Product and documentation thereof shall be the same as set forth in Section 7(g), Product Loss. THE OBLIGATION OF CARDINAL HEALTH TO REPLACE DEFECTIVE OR NONCONFORMING PACKAGING OR PACKAGED PRODUCT SHALL BE PURCHASER’S EXCLUSIVE REMEDY UNDER THIS AGREEMENT AND IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED. In complying with this Section 8, Cardinal Health shall not be required to incur any costs or expenses in excess of the Packaging fees paid by Purchaser to Cardinal Health for the Packaging of the defective Product.
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Replacement of Defective Packaged Products. PCI shall replace, at its ------------------------------------------ sole expense, all defective Packaging. THE OBLIGATION OF PCI TO REPLACE DEFECTIVE PACKAGING, INCLUDING PACKAGED PRODUCTS, IN EXCESS OF THE NORMAL PACKAGING LOSSES SHALL BE PURCHASER'S EXCLUSIVE REMEDY UNDER THIS AGREEMENT FOR DEFECTIVE PACKAGED PRODUCTS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. For losses of Packaging materials supplied by Purchaser (or, to the extent required by this Agreement, Product) in excess of normal Packaging losses, PCI shall pay to Purchaser, depending upon the circumstances, either (a) the substantiated acquisition cost found on the invoice if such materials were purchased by Purchaser from an unrelated third party; or (b) the substantiated direct costs of Purchaser (or its related entities) for the Production of materials (which shall not include any profit or xxxx-ups) if such materials were produced by Purchaser or any entity related, directly or indirectly, to Purchaser.
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Replacement of Defective Packaged Products. Subject to Section 6.1, Service Provider shall replace, at its sole cost and expense (subject to Section 6.3), all defective Packaged Product in excess of normal manufacturing losses for the Product, as defined in Section 2.10 with Conforming Packaged Product; provided that if Service Provider is unable to provide such Conforming Packaged Product within 15 days, at Company’s option, Service Provider shall refund Company for all Packaging fees paid by Company for the Packaging of defective Product.
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Replacement of Defective Packaged Products. Subject to the terms of this Agreement (including Section 7.1 and Article 12), at the written request of AMAG, Catalent shall replace, at its sole expense the Packaging for all defective Packaged Products above the Acceptable Manufacturing Loss that do not comply with the representations and warranties of Catalent set forth in Section 8.1. In the event that Catalent is required to replace such defective Packaged Products, such replacement shall include (i) providing and bearing the cost for all services necessary to replace all defective Packaged Products and (ii) the Packaging components necessary to Package replacement Packaged Product, and (iii) [***] for the production of such replacement Packaged Product. Such replacement Packaged Product shall be delivered by Catalent to AMAG as soon as reasonably possible but in no event later than the delivery date for the next subsequent Batch of Packaged Product to be delivered by Catalent. THE REPLACEMENT BY CATALENT OF ANY DEFECTIVE PACKAGED PRODUCT IN ACCORDANCE WITH THE TERMS OF SECTION 7.2 SHALL BE AMAG’S EXCLUSIVE REMEDY UNDER THIS AGREEMENT FOR DEFECTIVE PACKAGED PRODUCT AND IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, AS TO SUCH DEFECTIVE PACKAGED PRODUCTS.
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Replacement of Defective Packaged Products. Subject to subsection (a), Tazza shall replace, at its sole expense, all defective or non-conforming Packaging in excess of the Loss Percentage. In the event Tazza is required to replace defective or nonconforming Packaged Products pursuant to this Section 7, Tazza shall replace, at its cost, all defective or nonconforming Packaged Products with conforming Packaged Products. In such event, Tazza shall supply, at its cost, the Packaging components necessary to Package replacement Product and Aberrant shall supply to Tazza, at Aberrant's expense, the Products necessary to Package the replacement Product. Tazza shall also be responsible for all shipping, administrative, labor, and other costs related to the recall and replacement of defective or non-conforming Packaging or Packaged Products. THE OBLIGATIONS OF TAZZA RELATED TO THE RECALL AND REPLACEMENT OF DEFECTIVE OR NONCONFORMING PACKAGING OR PACKAGED PRODUCTS SHALL BE ABERRANT'S EXCLUSIVE REMEDY UNDER THIS AGREEMENT AND IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED. XXXXX ACKNOWLEDGES AND AGREES THAT IF ABERRANT SEEKS A TERMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION TO ENFORCE THIS SECTION, ABERRANT WILL MEET ALL OF THE REQUIREMENTS TO OBTAIN PRELIMINARY RELIEF WITHOUIT THE REQUIREMENT OF A BOND. NOTWITHSTANDING THE FOREGOING, XXXXX SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY FOR DEFECTIVE OR NON-CONFORMING PACKAGING WHICH SUBSTANTIALLY COMPLIES IN ALL RESPECTS WITH THE SPECIFICATIONS.
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Related to Replacement of Defective Packaged Products

  • 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.

  • 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.

  • Product Specifications The Company agrees that all Products sold to Xxxx hereunder shall conform to the respective specifications set forth on Schedule A or to such other specifications as are from time to time agreed upon by the Parties.

  • 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.

  • API If the Software offers integration capabilities via an API, your use of the API may be subject to additional costs or Sage specific policies and terms and conditions (which shall prevail in relation to your use of the API). You may not access or use the API in any way that could cause damage to us or the Software, or in contravention of any applicable laws. We reserve the right in our sole discretion, to: (i) update any API from time to time; (ii) place limitations around your use of any API; and (iii) deny you access to any API in the event of misuse by you or to otherwise protect our legitimate interests.

  • Raw Materials Lonza shall procure all required Raw Materials as well as consumables other than those Raw Materials that are Customer Materials. Customer shall be responsible for payment for all consumables and Raw Materials ordered or irrevocably committed to be procured by Lonza hereunder. Upon cancellation of any Batch or termination of the Agreement, all unused Raw Materials shall be paid for by Customer within [***] days of invoice and at Customer’s option will either be (a) held by Lonza for future use for the production of Product, (b) delivered to Customer, or (c) disposed of by Lonza.

  • Review of Materials During the term of this Agreement, Client shall ensure that all prospectuses, statements of additional information, registration statements, proxy statements, reports to shareholders, advertising and sales literature or other materials prepared for distribution to Fund shareholders or the public, which refer to the Subadviser in any way, prepared by employees or agents of Client or its affiliates are consistent with information previously provided by Subadviser. Subadviser shall promptly notify the Client of any changes to information pertaining to the Subadviser and stated in the materials described in this Section 6(g).

  • Shipment Dell will ship the APEX System to the Site when included as part of the APEX Service. The terms and process for shipment and delivery of the APEX System will be stated in the applicable Service Offering Description.

  • Product ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User(s) shall have thirty (30) days from the date of delivery to accept hardware products and sixty (60) days from the date of delivery to accept all other Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty (30) day increment. Authorized User shall notify Contractor of acceptance upon successful completion of the documented installation test. Such cancellation shall not give rise to any cause of action against the Authorized User for damages, loss of profits, expenses, or other remuneration of any kind. If the Authorized User elects to provide a deficiency statement specifying how the Product fails to meet the specifications within the testing period, Contractor shall have thirty (30) days to correct the deficiency, and the Authorized User shall have an additional sixty (60) days to evaluate the Product as provided herein. If the Product does not meet the specifications at the end of the extended testing period, Authorized User, upon prior written notice to Contractor, may then reject the Product and return all defective Product to Contractor, and Contractor shall refund any monies paid by the Authorized User to Contractor therefor. Costs and liabilities associated with a failure of the Product to perform in accordance with the functionality tests or product specifications during the acceptance period shall be borne fully by Contractor to the extent that said costs or liabilities shall not have been caused by negligent or willful acts or omissions of the Authorized User’s agents or employees. Said costs shall be limited to the amounts set forth in the Limitation of Liability Clause for any liability for costs incurred at the direction or recommendation of Contractor.

  • Quality Specifications SANMINA-SCI shall comply with the quality specifications set forth in its Quality Manual, incorporated by reference herein, a copy of which is available from SANMINA-SCI upon request.

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