Product Quality Issue definition
Examples of Product Quality Issue in a sentence
In the case of a breach by Bottler or one of its Affiliates of its obligations under this Agreement (other than a Product Quality Issue), such breach will be deemed to be cured for purposes of this Paragraph 34 if Bottler (or its Affiliate) has terminated the acts or omissions described in such notice of breach, and has taken reasonable steps under the circumstances to prevent the recurrence of such breach.
In the case of a Product Quality Issue, Bottler shall have a period of sixty (60) days within which to cure the default, including, at the instruction of Company, and at Bottler’s expense, by the prompt withdrawal from the market and destruction of any affected Finished Product.
If such Product Quality Issue has not been cured during the second sixty (60) day cure period, then Company may terminate this Agreement by giving Bottler written notice thereof.
If the Product Quality Issue has not been cured within such sixty (60) day period, Company (or the Company Authorized Supplier) may suspend sales of Covered Beverages and Related Products to Bottler for distribution and sale in the Territory under this Agreement.
If one Party notifies the other Party of a potential Product Quality Issue, the Parties will meet, in person or by telephone, to review and discuss the potential issue (the “Initial Meeting”).
If «Oxford Immunotec » disagrees that a Product Quality Issue exists or believes that the Product Quality Issue is due to (i) Quest Diagnostics’ negligence, (ii) Quest Diagnostics’ use of the Products that is not a Compliant Use, then within [***] after «Oxford Immunotec » identifies the root cause of the issue, «Oxford Immunotec » will provide documentation to Quest Diagnostics supporting «Oxford Immunotec »’s conclusion.
Once it is determined that there is a Product Quality Issue, in collaboration with Quest Diagnostics, «Oxford Immunotec » shall develop a plan to resolve the Product Quality Issue.
In the event that there is a Product Quality Issue / Product Notice / Recall with the Products or components or materials being used in the manufacture of the Products and components, «Oxford Immunotec » or its Affiliates shall determine all affected lots and batches and submit this information to Quest Diagnostics or the Eligible Purchaser within [***] of the notification.
The Parties shall diligently investigate the cause of the potential Product Quality Issue.
In addition, if there is a Product Quality Issue, Quest Diagnostics may send «Oxford Immunotec » a Supplier Corrective Action Report (“SCAR”) form.