Common use of Product Testing Clause in Contracts

Product Testing. If HR knows or reasonably suspects that any Distiller’s Grains produced at the Plant do not meet the warranty in Section 7.A or Section 7.B, HR shall promptly so notify UBE so that such Distiller’s Grains can be tested before loading the Distiller’s Grains at the Plant. If UBE knows or reasonably suspects that any Distiller’s Grains produced at the Plant do not meet the warranty in Section 7.A or Section 7.B, then UBE may obtain independent laboratory tests of the affected Distiller’s Grains. If such Distiller’s Grains are tested and found to comply with the warranty in Section 7.A and Section 7.B, then UBE shall pay all testing costs, and if the Distiller’s Grains are found not to comply with the warranty in Section 7.A and Section 7.B, HR shall pay all testing costs.

Appears in 4 contracts

Samples: Grains Marketing Agreement (Hawkeye Holdings, Inc.), Grains Marketing Agreement (Hawkeye Holdings, Inc.), Grains Marketing Agreement (Hawkeye Holdings, Inc.)

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