Replacement of Non-Conforming Product Clause Samples
The Replacement of Non-Conforming Product clause requires a seller or supplier to replace goods that do not meet the agreed-upon specifications or quality standards. In practice, if a buyer receives products that are defective, damaged, or otherwise fail to conform to contract requirements, the seller must provide suitable replacements at no additional cost to the buyer. This clause ensures that the buyer receives products that match the contract terms and protects them from losses due to substandard goods.
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Replacement of Non-Conforming Product. GCAL shall replace at no cost to Thera on an expedited basis all Products delivered to Thera which do not comply with the Product Specifications.
Replacement of Non-Conforming Product. THE OBLIGATION OF CARDINAL HEALTH TO REPLACE NON-CONFORMING PRODUCT IN ACCORDANCE WITH THE SPECIFICATIONS OR REFUND OR CREDIT ANY PAYMENTS MADE FOR SUCH PRODUCT (INCLUDING REFUNDING THE COST OF THE API) SHALL BE CLIENT’S SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT FOR PRODUCT THAT DOES NOT CONFORM AND IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED.
Replacement of Non-Conforming Product. In the event that PDL requests GMN to replace a non-conforming batch of Product which is not rejected pursuant to Section 5.7, GMN shall investigate in good faith whether such request can be accommodated taking into account the then current operation of the Facility and GMN’s production plans, but shall have no obligation to provide such additional supply of Product.
5.8.1 In case GMN agrees to provide such additional supply of Product it shall be at PDL’s cost on the same terms as the original purchase order for the Product. The price of the non-conforming batch of Product shall be borne by PDL based on [****]* of the actual costs incurred until the * Certain information on this page has been omitted and filed separately with the SEC. Confidential treatment has been requested with respect to the omitted portions. point of identified failure plus [****]*, plus in addition thereto [****]*, less any amounts paid by PDL pursuant to Section 7 with respect to such non-conforming batch.
5.8.2 In case GMN does not agree to provide such additional supply of Product, the price of the non-conforming batch of Product shall be borne by PDL based on [****]* plus [****]*, plus in addition thereto [****]*, less any amounts paid by PDL pursuant to Section 7 with respect to such non-conforming batch.
5.8.3 In case PDL does not request GMN to replace such Product, PDL shall pay to GMN [****]*.