Receipt of Product Sample Clauses

Receipt of Product. The Contractor shall be solely responsible for assuring that deliveries are made to personnel authorized to accept delivery on behalf of the Authorized User. Any losses resulting from the Contractor’s failure to deliver Product to authorized personnel shall be borne exclusively by the Contractor.
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Receipt of Product. (a) The Company shall be entitled to reject any portion or all of any shipment of the Product that does not conform to the Specifications or otherwise fails to comply in any material respect with Section 5.02(a) (unless such non-conformity was attributable to an act or omission of the Company *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. or the common carrier once such Product, packaged for shipment in accordance with Section 2.04, was accepted by such common carrier from BMS), provided, that, (i) the Company shall notify BMS within *** calendar days after receipt of such shipment if it is rejecting a shipment due to obvious physical damage or quantity discrepancies that are evident upon visual inspection of the packaged Product as shipped by BMS (unless caused by the common carrier or the Company), (ii) except as otherwise provided in Section 2.05(a)(iii), the Company shall notify BMS within *** calendar days after receipt of such shipment if it is rejecting a shipment due to any defects other than those obvious visual defects, and (iii) the Company shall notify BMS within *** calendar days after the Company becomes aware of any defects in the case of Product having detects that are attributable solely to BMS’ manufacture of such Product. Notwithstanding anything contained herein, the Company shall have no obligation to inspect the Product beyond a visual inspection of each shipment for obvious physical damage or quantity discrepancies that are evident upon visual inspection of the packaged Product as shipped by BMS. Without in any way limiting BMS’ indemnity obligations as set forth in Section 6.01, if no notice is provided by the Company within the relevant time periods set forth above, then the Company shall be deemed to have accepted the shipment. Any notice of rejection by the Company shall be accompanied by a reasonably detailed statement of its reasons for rejection and a report of any pertinent analysis performed by the Company on the allegedly non-conforming Product, together with the methods and procedures used. BMS shall notify the Company as promptly and as reasonably possible, but in any event within *** calendar days after receipt of such notice of rejection, whether or not it accepts the Company’s assertions of non-conformity.
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Receipt of Product. Buyer shall unwrap and inspect their product(s) within four (4) day of receipt. This includes external inspection of the product(s) and testing the functionality of the product.
Sample 1
Receipt of Product. Donee shall, at its sole cost and expense, make provision for the pickup of Product at MSFB’s warehouse facilities and shall inspect all Product received by it pursuant hereto. Product shall be picked up by Donee only at such times as shall, from time to time, be established by MSFB. At the time of Xxxxx’s receipt of possession of Product, Donee will be given an Order Confirmation Sheet (or similar documentation). Xxxxx’s acceptance of the Product shall constitute Donee’s acceptance and agreement to all the special instructions and restrictions set forth on such Order Confirmation Sheet. Further, Donee shall be responsible for all loading of the Product. Should MSFB provide assistance in loading, Donee shall remain liable for any damage to the Product, trailers or vehicles
Sample 1
Receipt of Product. The Contractor shall be solely responsible for assuring that deliveries are made to personnel authorized to accept delivery on behalf of the Authorized User. Any losses resulting from the Contractor’s failure to deliver Product to authorized personnel shall be borne exclusively by the Contractor. RISK OF LOSS Notwithstanding the form of shipment, risk of loss shall not pass from the Contractor to the Authorized User until the Products have been received and inspected by the receiving entity. Acceptance shall occur within the acceptance period specified in this Appendix B-2, or such other period of time mutually agreed to by Authorized User and Contractor. Mere acknowledgment by Authorized User personnel of the delivery or receipt of goods (e.g., signed xxxx of lading) shall not be deemed or construed as acceptance of the Products. Any delivery of Product that is substandard or does not comply with the Contract terms may be rejected or accepted on an adjusted price basis, as determined by the Commissioner. 49- 50. (RESERVED)
Sample 1
Receipt of Product. Delivery to the address specified on the purchase order shall be deemed to be made to authorized personnel.
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Related to Receipt of Product

  • Supply of Product Salix shall use reasonable efforts to supply the Product during the Co-Promotion Period in sufficient quantities to satisfy the levels of Product sales forecasted in the then current Marketing Plan. Salix shall maintain reasonable inventory levels of the Product in order to ensure their ability to fulfill this obligation. Salix shall have the sole responsibility and right to fill orders with respect to the Product. Altana shall not solicit orders for the Product but, if for any reason, Altana shall receive an order for the Product, Altana shall promptly forward to Salix any such orders. All orders for Product shall be subject to acceptance by Salix, in its sole discretion, which acceptance shall not be unreasonably withheld. Salix may cancel any order for Product at any time after acceptance without incurring any liability to Altana. Salix shall be solely responsible for responding to requests from Target Physicians for individual patients who need the Product but are unable to afford it. Any such request shall be forwarded by Altana to Salix for processing. Salix shall have the sole right and responsibility for establishing and modifying the terms and conditions of the sale of the Product, including (a) the price at which the Product will be sold, (b) whether the Product will be subject to trade or quantity discounts, (c) whether any discount will be provided for payments on accounts receivable, (d) whether the Product will be subject to rebates, returns and allowances or retroactive price reductions, (e) the channels of distribution of the Product, and (f) whether credit [*] Confidential treatment requested; certain information omitted and filed separately with the SEC. is to be granted or refused in connection with any sale of Product. In the event that Salix fails to supply the Product as required pursuant to this Agreement for any reason other than a Force Majeure, which such failure results in lost sales for Altana, the Parties shall meet and attempt to negotiate a mutually agreeable and commercially reasonable solution. If the Parties cannot reach such an agreement within a reasonable period of time, the issue will be dealt with as contemplated under Section 4.4 of this Agreement.

  • Delivery of Product (a) No later than the deadlines set forth in subsections (i) and (ii) below, Seller shall submit, or cause Seller’s SC(s) to submit:

  • Marketing of Production Except for contracts listed and in effect on the date hereof on Schedule 7.19, and thereafter either disclosed in writing to the Administrative Agent or included in the most recently delivered Reserve Report (with respect to all of which contracts the Borrower represents that it or its Subsidiaries are receiving a price for all production sold thereunder which is computed substantially in accordance with the terms of the relevant contract and are not having deliveries curtailed substantially below the subject Property’s delivery capacity), no material agreements exist which are not cancelable on 60 days notice or less without penalty or detriment for the sale of production from the Borrower’s or its Subsidiaries’ Hydrocarbons (including, without limitation, calls on or other rights to purchase, production, whether or not the same are currently being exercised) that (a) pertain to the sale of production at a fixed price and (b) have a maturity or expiry date of longer than six (6) months from the date hereof.

  • Manufacture of Products All Products marketed through Grantor's Web ------------------------- Site shall be manufactured, packaged, prepared, and shipped in accordance with the specifications and requirements described on Exhibit A hereto as it may be modified from time to time. Quality control standards relating to the Product's weight, color, consistency, micro-biological content, labeling and packaging are also set forth on Exhibit A. In the event that Exhibit A is incomplete, Products shall be manufactured and shipped in accordance with industry standards.

  • Delivery of Products All shipments of Products shall be made either F.O.B. Destination or F.O.B. Shipping Point as designated in the Purchase Order.

  • Commercialization Intrexon shall have the right to develop and Commercialize the Reverted Products itself or with one or more Third Parties, and shall have the right, without obligation to Fibrocell, to take any such actions in connection with such activities as Intrexon (or its designee), at its discretion, deems appropriate.

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

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