Product Damage definition

Product Damage means any one or more of the following: (i) loss of Product; (ii) damage to Product, including but not limited to, contamination, threat or risk of contamination, spoilage, or violation of the Seal Policy; or (iii) delay in delivery of the Product that unreasonably reduces the useful shelf-life of the Product or creates a threat or risk of contamination.
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Product Damage means damage to a Product.
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Examples of Product Damage in a sentence

  • If Bundled Hardware returned to us is with Product Damage we are entitled at our election to: ● charge you for the cost of repairs; or ● invoice you for the market value of the Bundled Hardware.

  • If the Product submitted to the lab is determined by the lab to have sustained or contain Product Damage, then the Parties shall be deemed to have agreed as to the presence of such Product Damage.

  • If OSI and the Manufacturer disagree as to the existence of Product Damage, they will make such determination by submitting representative samples of the shipment to a mutually acceptable independent testing lab and the results of said lab shall be binding on the Parties.

  • Product Damage will be conclusively deemed to have been caused by the Carrier’s negligence if Products were tendered to the Carrier in good order and condition, and subsequently delivered by the Carrier with Product Damage.

  • The Parties shall share all Shared Product Damages as follows: If the Shared Product Damage arises from the Development of the CD38 Product, including clinical trials, the Parties shall share such Shared Product Damage as Development Cost (i.e., 25% I-Mab : 75% Everest).

  • Regardless of the points of origin, destination or location of the Services, Carrier shall pay Broker for Product Damage (as defined in Section 7(h)).

  • Irrespective of any provisions in Carrier’s tariffs, service guides or similar publications, Carrier's liability for Product Damage will be determined solely by the terms of this Agreement.

  • If the Shared Product Damage arises from the Commercialization of the CD38 Product, the Parties shall share such Shared Product Damage as Commercialization Cost (as calculated in accordance with Section 4.).

  • Carrier shall pay Broker for Product Damage regardless of whether Carrier was able to recover for that Product Damage from any other third party.

  • If Carrier becomes aware of a possible material failure of temperature control or other condition that may have resulted in Product Damage or Product becoming unsafe during transportation, Carrier shall notify Broker as soon as practicable in accordance with Section 7(g), and in no event, more than 36 hours after discovering the condition requiring notice.

Related to Product Damage

  • Direct Damage has the meaning given in clause 24.2; "Dispute" has the meaning given in clause 23.1;

  • Loss or Damage means any loss or damage to the Vehicle, including that caused by theft of the Vehicle or by adverse weather events, that requires repair or replacement including the loss of use of the Vehicle (demurrage), legal expenses, assessment fees, towing and recovery costs, storage, service charges and any appraisal fees of the Vehicle;

  • Major Damage means damage that in the estimation of the surveyor exceeds USD

  • Catastrophic Damage as used hereunder is major change or damage to In- cluded Timber on Sale Area, to Sale Area, to access to Sale Area, or a combination thereof:

  • Material Damage and “Materially Damaged” means damage which, in Seller’s reasonable estimation, exceeds $500,000.00 to repair or which, in Seller’s reasonable estimation, will take longer than ninety (90) days to repair.