Common use of WARRANTY CLAIM PROCEDURE Clause in Contracts

WARRANTY CLAIM PROCEDURE. Unless otherwise agreed by Valera, to make a warranty claim, BioPro shall at BioPro's expense rxxxxx the allegedly defective the Products(s), or a representative sample thereof, together with a description of the alleged defect. Valera shall, promptly after receipt and as required, inspect the alleged defective Products(s). If such inspection results reasonably confirm the Products do not conform with the warranties set forth in Section 8.1 and the non-conformance did not arise from misuse, mishandling, storage in a manner inconsistent with Valera's directions, neglect, modification or unusual physical or VALERA CONFIDENTIAL chemical stress after delivery to the carrier, BioPro shall return any remaining the Products(s) in BioPro's inventory with the same defect at Valera's expense, and the sole and exclusive warranty remedies set forth in Section 8.4 shall apply. If such test results fail to confirm the Products' non-conformance to the warranties set forth in Section 8.1, or if the parties fail to otherwise resolve the dispute, the parties shall submit the Products, or a representative sample thereof, along with a reference batch which has previously been shown by BioPro to conform to the warranties set forth in Section 8.1, to a mutually acceptable independent laboratory along with mutually agreeable interrogatories to be answered by such laboratory. The determination of the Products' conformance or non-conformance to the warranties set forth in Section 8.1 shall be binding upon the Parties. If the laboratory determines that the Products conform to the warranties set forth in Section 8.1, BioPro shall pay all independent laboratory and shipping costs incurred by Valera, and if such laboratory confirms that the Products do not conxxxx xith the warranties set forth in Section 8.1, Valera shall pay all independent laboratory costs and the sole and exxxxxxve warranty remedies set forth in Section 8.4 shall apply.

WARRANTY CLAIM PROCEDURE. Unless otherwise agreed by Valera, to make a warranty claim, BioPro Spepharm shall at BioPro's Spepharm’s expense rxxxxx return the allegedly defective the Products(sunit(s) of Product(s), or a representative sample thereof, together with a description of the alleged defect. Valera shall, promptly after receipt and as required, inspect the alleged defective Products(sProduct(s). If such inspection results reasonably confirm that the Products unit(s) of Product(s) do not conform with the warranties set forth in Section 8.1 and the non-conformance did not arise from misuse, mishandling, storage in a manner inconsistent with Valera's ’s directions, neglect, modification or unusual physical or VALERA CONFIDENTIAL chemical stress after delivery to the carrier, BioPro Spepharm shall return any remaining the Products(sProduct(s) in BioPro's Spepharm’s inventory with the same defect at Valera's ’s expense, and the sole and exclusive warranty remedies set forth in Section 8.4 shall apply. If such test results fail to confirm the Products' ’ non-conformance to the warranties set forth in Section 8.1, or if the parties fail to otherwise resolve the dispute, the parties shall submit unit(s) of the ProductsProduct(s), or a representative sample thereof, along with a reference batch which has previously been shown by BioPro Spepharm to conform to the warranties set forth in Section 8.1, to a mutually acceptable independent laboratory along with mutually agreeable interrogatories to be answered by such laboratory. The determination of the Products' ’ conformance or non-conformance to the warranties set forth in Section 8.1 shall be binding upon the Parties. If the laboratory determines that the Products conform to the warranties set forth in Section 8.1, BioPro Spepharm shall pay all independent laboratory and shipping costs incurred by Valera, and if such laboratory confirms that the Products do not conxxxx xith conform with the warranties set forth in Section 8.1, Valera shall pay all independent laboratory costs and the sole and exxxxxxve exclusive warranty remedies set forth in Section 8.4 shall apply.

WARRANTY CLAIM PROCEDURE. Unless otherwise agreed by ValeraOraSure, to make a warranty claim, BioPro Xxxxxx shall at BioPro's Xxxxxx’x expense rxxxxx return the allegedly defective the Products(s)Products, or a representative sample thereof, together with a description of the alleged defect. Valera OraSure shall, promptly after receipt and as required, inspect the alleged defective Products(s)Products. If such inspection results reasonably confirm that the Products do not conform with the warranties applicable warranty set forth in Section 8.1 10.1 and the non-conformance did not arise from misuse, mishandling, storage in a manner inconsistent with Valera's directionslabeling, neglect, modification or unusual physical or VALERA CONFIDENTIAL chemical stress after delivery to the carrier, BioPro Xxxxxx shall return any remaining the Products(s) Products in BioPro's Xxxxxx’x inventory with the same defect at Valera's OraSure’s expense, and the sole and exclusive warranty remedies set forth in Section 8.4 10.4 shall apply. If such test results fail to confirm the Products' ’ non-conformance to the warranties applicable warranty set forth in Section 8.110.1, or if the parties fail to otherwise resolve the dispute, the parties shall submit the affected Products, or a representative sample thereof, along with a reference batch which has previously been shown by BioPro Xxxxxx to conform to the warranties applicable warranty set forth in Section 8.110.1, to a mutually acceptable independent laboratory along with the inspection protocols described in the specifications and mutually agreeable interrogatories to be answered by such laboratory. The determination of the affected Products' ’ conformance or non-conformance to the warranties applicable warranty set forth in Section 8.1 10.1 shall be binding upon the Partiesparties. If the laboratory determines that the Products conform to the warranties applicable warranty set forth in Section 8.110.1, BioPro Xxxxxx shall pay all independent laboratory and shipping costs incurred by ValeraOraSure, and if such laboratory confirms that the Products do not conxxxx xith conform with the warranties applicable warranty set forth in Section 8.110.1, Valera OraSure shall pay all independent laboratory and shipping costs incurred by Xxxxxx and the sole and exxxxxxve the exclusive warranty remedies set forth in Section 8.4 10.4 shall apply.

WARRANTY CLAIM PROCEDURE. Unless otherwise agreed by Valera, to make a warranty claim, BioPro Key shall at BioProKey's expense rxxxxx return the allegedly defective the Products(s), or a representative sample thereof, together with a description of the alleged defect. Valera shall, promptly after receipt and as required, inspect the alleged defective Products(s). If such inspection results reasonably confirm the Products do not conform with the warranties set forth in Section 8.1 and the non-conformance did not arise from misuse, mishandling, storage in a manner inconsistent with Valera's directionslabeling, neglect, modification or unusual physical or VALERA CONFIDENTIAL chemical stress after delivery to the carrier, BioPro Key shall return any remaining the Products(s) in BioProKey's inventory with the same defect at Valera's expense, and the sole and exclusive warranty remedies set forth in Section 8.4 shall apply. If such test results fail to confirm the Products' non-conformance to the warranties set forth in Section 8.1, or if the parties fail to otherwise resolve the dispute, the parties shall submit the Products, or a representative sample thereof, along with a reference batch which has previously been shown by BioPro Key to conform to the warranties set forth in Section 8.1, to a mutually acceptable independent laboratory along with mutually agreeable interrogatories to be answered by such laboratory. The determination of the Products' conformance or non-conformance to the warranties set forth in Section 8.1 shall be binding upon the Parties. If the laboratory determines that the Products conform to the warranties set forth in Section 8.1, BioPro Key shall pay all independent laboratory and shipping costs incurred by Valera, and if such laboratory confirms that the Products do not conxxxx xith conform with the warranties set forth in Section 8.1, Valera shall pay all independent laboratory costs and the sole and exxxxxxve exclusive warranty remedies set forth in Section 8.4 shall apply.

WARRANTY CLAIM PROCEDURE. Unless otherwise agreed by Valera, to make a warranty claim, BioPro Teva-Tuteur shall at BioProTeva-Tuteur's expense rxxxxx return the allegedly defective the Products(s), or a representative sample thereof, together with a description of the alleged defect. Valera shall, promptly after receipt and as required, inspect the alleged defective Products(s). If such inspection results reasonably confirm the Products do not conform with the warranties set forth in Section 8.1 and the non-conformance did not arise from misuse, mishandling, storage in a manner inconsistent with Valera's directions, neglect, modification or unusual physical or VALERA CONFIDENTIAL chemical stress after delivery to the carrier, BioPro Teva-Tuteur shall return any remaining the Products(s) in BioProTeva-Tuteur's inventory with the same defect at Valera's expense, and the sole and exclusive warranty remedies set forth in Section 8.4 shall apply. If such test results fail to confirm the Products' non-conformance to the warranties set forth in Section 8.1, or if the parties fail to otherwise resolve the dispute, the parties shall submit the Products, or a representative sample thereof, along with a reference batch which has previously been shown by BioPro Teva-Tuteur to conform to the warranties set forth in Section 8.1, to a mutually acceptable independent laboratory along with mutually agreeable interrogatories to be answered by such laboratory. The determination of the Products' conformance or non-conformance to the warranties set forth in Section 8.1 shall be binding upon the Parties. If the laboratory determines that the Products conform to the warranties set forth in Section 8.1, BioPro Teva-Tuteur shall pay all independent laboratory and shipping costs incurred by Valera, and if such laboratory confirms that the Products do not conxxxx xith conform with the warranties set forth in Section 8.1, Valera shall pay all independent laboratory costs and the sole and exxxxxxve exclusive warranty remedies set forth in Section 8.4 shall apply.