Testing of Packaged Products Sample Clauses

Testing of Packaged Products. (i) Except as provided for in Section 8(c) above, Purchaser and/or its agent(s) are responsible for testing Packaged Products to assure that they are in conformity with the Specifications and the warranties given by API in Section 9(a) above. Purchaser and/or its agent(s), upon receipt of Package Products from API, shall have [***] to inspect such Packaged Products, and any Packaged Product that is not rejected within such [***] period shall be deemed to have been accepted by Purchaser, subject to Section 9(i) below.
Sample 1
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Testing of Packaged Products. PCI shall perform in-process quality ---------------------------- control tests and testing for the release of packaging materials in accordance with the Specifications and cGMPs. Purchaser, upon receipt of Packaged Products from PCI, shall have thirty (30) business days to inspect such Packaged Products. In the event Purchaser believes that the Packaged Products do not conform, in all material respects, to the Specifications set forth in Xxxxxxxx 0, Xxxxxxxxx shall send to PCI, via overnight delivery service or certified mail, return receipt requested, within five (5) business days of discovery of the defect, a notice of rejection along with samples of the rejected Packaged Products. Packaged Products that PCI agrees are defective or non-conforming will, at PCI's option and expense, be repackaged and shipped to Purchaser or credited toward Purchaser's purchase price. If PCI does not agree with Purchaser's determination that the Packaged Products fail to conform, in all material respects, with the Specifications, then after reasonable efforts to resolve the disagreement, either party may submit the dispute to arbitration in accordance with Section 19. Any Product that is not rejected within such thirty (30) day period shall be deemed to have been accepted by Purchaser.
Sample 1
Testing of Packaged Products. Aberrant or its designee shall have thirty (30) business days after delivery of Packaged Products by Tazza (or, in the case of defects not readily discernible without opening the Packaging or any components thereof, until the earlier of (i) sixty (60) days after Aberrant becomes aware of such defects or (ii) ninety (90) days after Aberrant receives such Packaged Products) to inspect and reject such Packaged Products. Any Packaged Product that is not rejected by Aberrant within period set forth in the immediately preceding sentence shall be deemed to have been accepted by Aberrant. In the event Packaged Products do not conform in all material respects to the Specifications provided by Aberrant, Aberrant shall send to Tazza via overnight delivery service, certified mail, return receipt requested, or email to the address designated by Tazza for these notices from time to time within three (3) days of discovery of the defect, a notice of rejection along with proper documentation of the rejected Packaged Products. Packaged Products that Tazza agrees are defective or non- conforming will be repackaged or otherwise cured by Tazza in accordance with Section 7(b). If Xxxxx does not agree with Xxxxxxxx's determination that the Packaging or Packaged Products fail to meet the Specifications in all material respects, the rejected Packaged Products shall be submitted to a mutually acceptable third-party testing laboratory which shall determine whether such Products conform in all material respects to the Specifications. The Parties agree that such testing laboratory's determination shall be final for all situations with a dollar value under two hundred fifty thousand dollars ($250,000). Tazza shall be responsible for the fees of such third- party testing laboratory if such testing laboratory determines that the Packaging or Packaged Products fail to meet the Specifications in all material respects, and Aberrant shall be responsible for such fees if such third-party testing laboratory determines that the Packaging and Packaged Products meet the Specifications in all material respects. NOTWITHSTANDING THE FOREGOING, TAZZA SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY FOR PACKAGED PRODUCTS WHICH WERE PACKAGED BY TAZZA SUBSTANTIALLY AND MATERIALLY IN COMPLIANCE WITH SPECIFICATIONS PROVIDED BY ABBERANT.
Sample 1

Related to Testing of Packaged Products

  • 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.

  • 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.

  • Product Testing Upon request, Customer shall provide Operator a laboratory report for each Product delivery by Customer or Customer’s supplier. Operator will not be obligated to receive Contaminated Product for throughput across the Berths, nor will Operator be obligated to accept Product that fails to meet the quality specifications set forth in the arrival notice.

  • 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.

  • 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).

  • Supplier Selection If Customer selects a seat or galley supplier that is not on the Boeing recommended list, such seat or galley will become BFE and the provisions of Exhibit A, Buyer Furnished Equipment Provisions Document, of the AGTA will apply.

  • Supply of Materials The following materials will be supplied by the department Name of Materials Rate. Place of delivery 1.

  • Licensed Product “Licensed Product” shall mean any article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights.

  • Marking of Licensed Products To the extent commercially feasible and consistent with prevailing business practices, Company shall xxxx, and shall cause its Affiliates and Sublicensees to xxxx, all Licensed Products that are manufactured or sold under this Agreement with the number of each issued patent under the Patent Rights that applies to such Licensed Product.

  • Manufacture of Product Prior to commercialization of the Product, the Parties may, if appropriate for both parties, negotiate in good faith a manufacturing and supply agreement to provide for Licensor to fulfill the manufacturing requirements of Licensee for Product for sale in the European market. The cost of such manufacturing shall not be greater than * percent (*%) of the cost of any competitor cGMP contract manufacturing facility that proposes to manufacturer the Product for Licensee. * Confidential information has been omitted and filed confidentially with the Securities and Exchange Commission.

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