Testing Upon Delivery. Promptly following receipt of the Products in any shipment, JDS may check the compliance of such batch with the Specifications. Such compliance check shall be performed by JDS’s Quality Assurance department and shall be certified by the head of such department (or his/her designee). If JDS deems that any Products delivered to JDS hereunder fail to conform to written and approved Specifications upon delivery to JDS, then JDS shall notify NPI thereof in writing (such notice to include test results) within thirty (30) days from delivery of such Products to JDS. JDS shall retain the non-conforming Products and NPI shall have the right to inspect such Products. If NPI batch records show Products met JDS Specifications at time of delivery to Carrier, and it can be demonstrated that Product damage was due to shipping, handling or other events taking place after transfer to the Carrier, then NPI shall not be liable for any damage.
Appears in 2 contracts
Sources: Contract Manufacturing Agreement, Contract Manufacturing Agreement (Noven Pharmaceuticals Inc)