Customer Provided Materials definition
Examples of Customer Provided Materials in a sentence
Brammer will use and store the Customer Provided Materials with due care and in compliance with Customer’s instructions as set forth in the applicable Work Statement.
Customer will notify Brammer of any unusual adverse health or environmental occurrence relating the Customer Provided Materials, and any Product, including but not limited to any claim or complaint by any Customer employee or Third Party.
Valant is expressly permitted to de-identify Customer Provided Materials in accordance with HIPAA (“De-Identified Data”).
Brammer will use and store the Customer Provided Materials with due care and in compliance with Applicable Law, applicable Material Specifications, the Quality Agreement and the Storage Guidelines.
If Customer refuses or fails to timely supply Customer Provided Materials in accordance with the Product Addendum, Brammer reserves the right to cancel that part of a Purchase Order for which Customer Provided Materials have not been provided, upon written notice to Customer, and Brammer shall have no further obligations or liability with respect to such part of such Purchase Order.
Subject to Article 4, Brammer shall order sufficient quantities of all Product Materials (except Customer Provided Materials), including Process Consumables and agreed safety stocks, to accommodate up to [**] of a Forecast at Customer’s sole cost and expense and as agreed between the Parties to reasonably avoid Manufacturing interruptions consistent with the agreed Binding Forecasts and accepted Purchase Orders.
Title and risk of loss to such Customer Provided Materials will at all times remain with Customer, and subject to the terms and conditions herein, Brammer will have no liability to Customer for such Customer Provided Materials except due to ▇▇▇▇▇▇▇’▇ negligence, breach of this Agreement or failure to comply with Applicable Laws.
Customer will be responsible for payment for such part of such Purchase Order that cannot be fulfilled due to its failure to provide Brammer with the necessary quantities of Customer Provided Materials.
Customer shall be solely responsible for all costs and expenses to the extent arising from (A) the failure of any Customer Provided Materials to conform to the applicable Material Specifications therefor at time of delivery to Brammer or (B) Customer’s failure to use, handle or store Customer Provided Materials in accordance with the Material Specifications, all Applicable Laws, and the Quality Agreement.
Upon the expiration or termination of this Agreement or upon Customer’s notice to substitute a Substituted Product pursuant to Section 2.6, any remaining Customer Provided Materials will be, at Customer’s sole expense and election (such election to be made by Customer to Brammer in writing no later than [**] either after such expiration or termination or after receipt of Customer’s notice, as applicable), returned to the Customer or destroyed/disposed of by Brammer.