Rejected Goods/Shortages. (a) Abboxx xxxll notify Corixa in writing of any claim relating to Materials which do not conform to the Specifications or any shortage in quantity of any shipment of Materials within thirty (30) days of receipt of such shipment. In the event of such rejection or shortage, Corixa shall replace the Materials or make up the shortage within thirty (30) days of receiving such notice, at no additional cost to Abboxx, xxd shall make arrangements with Abboxx xxx the return or destruction of any rejected Materials, such return shipping charges or costs of destruction to be paid by Corixa.
Rejected Goods/Shortages. (a) HMRI shall notify Alliance in writing of any claim relating to Material that fail to meet the Specifications, arising from defective manufacture, storage or handling of such Material by Alliance prior to shipment or any shortage in quantity of any shipment of Material within 45 days of receipt of such Material. In the event of such rejection or shortage, Alliance shall replace the rejected Material or make up the shortage within ten business days if replacement stock is available, and in any case as soon as reasonably possible after receiving such notice, at no additional cost to HMRI, and Alliance shall make arrangements with HMRI for the return of any rejected Material, such return shipping charges to be paid by Alliance for Material determined after inspection and testing by Alliance to fail to meet the Specifications. In the event that only a limited supply of Material is available at the time of such rejection or shortage, then Alliance shall ship to HMRI such quantities of Material as are available and HMRI will be promptly reimbursed or credited against future orders, at HMRI's option, for amounts paid for the remaining quantity of rejected Material.
Rejected Goods/Shortages. (a) Each Party shall immediately notify the other Party of any complaints received by such Party concerning a Product supplied hereunder or any threatened or pending legal proceeding concerning any item of Product. Each Party shall investigate complaints and shall take corrective action to avoid future occurrences.
Rejected Goods/Shortages. (a) NOTICE; REPLACEMENT. Purchaser shall notify Aventis in writing of (i) any claim relating to Product that fails to meet the Specifications, or (ii) any shortage in quantity of any shipment of Product as soon as reasonably practical, but not later than thirty (30) days (or sixty (60) days in the event an outside testing laboratory approved by Purchaser is used) of receipt of such Product (unless such failure to meet Specifications is due to a latent or undetectable defect at such time). Purchaser shall be deemed to have accepted the Product if it does not provide Aventis written notice of such shortfall or failure to meet specification within such thirty (30) day period (or sixty (60) day period in the event an outside testing laboratory approved by Purchaser is used) (unless such failure to meet Specifications is due to a latent or undetectable defect at such time). If the parties agree that such Product is defective or that there is a shortage, Aventis shall replace the defective Product or use its commercially reasonable efforts to make up the shortage as soon as possible but in no event later than the next practical delivery date, at no additional cost to Purchaser. Purchaser shall make arrangements with Aventis for the return or disposal of any rejected Product; the costs of such return or disposal shall be paid by Aventis. In the event that only a limited supply of Product is available to replace or supply such rejection or shortage, then Aventis shall ship to Purchaser such quantities of Product as are available, supply the remaining amount due as soon as possible thereafter or, reimburse or credit Purchaser against future orders, at Purchaser's option, for amounts paid for the remaining quantity of rejected Product.
Rejected Goods/Shortages. (a) Zambon shall notify Corixa in writing of any claim that any Materials do not conform to the Specifications or any shortage in quantity of any shipment of Materials within [***]* of receipt of such shipment. Upon confirming any such nonconformance or shortage, Corixa shall replace the Materials or make up the shortage within [***]* of receiving such notice, [***]*, and shall make arrangements with Zambon for the return or destruction of any rejected Materials, with any reasonable return shipping charges or costs of destruction to be paid by Corixa. -------- *[***] indicates confidential treatment for omitted text has been requested.
Rejected Goods/Shortages. (a) King shall notify Inyx in writing of (i) any claim relating to Product that fails to meet the Specifications or (ii) any shortage in quantity of any shipment of Product as soon as reasonably practical, but not later than forty-five (45) days of receipt of such Product. If the parties agree that such Product is defective (and such defect is not related to the handling, storage and use by any Third Party) or that there is a shortage, Inyx shall replace the defective Product or use its commercially reasonable efforts to make up the shortage, as applicable, at the next practical delivery date, at no additional cost to King. King shall make arrangements with Inyx for the return or disposal of any rejected Product; the costs of such return or disposal shall be paid by Inyx. In the event that only a limited supply of Product is available to replace or supply such rejection or shortage, then Inyx shall ship to King such quantities of Product as are available, and King will be promptly reimbursed or credited against future orders, at King’s option, for amounts paid for the remaining quantity of rejected Product.
Rejected Goods/Shortages. (a) Within thirty (30) after delivery of a shipment of the Products, Nature’s Best shall notify LD Technology in writing of any claim of any shortage in quantity of any shipment of the Products. Nature’s Best must notify LD Technology in writing of any obvious defects in Products within ninety (90) days after delivery of a shipment of the Products and of latent defects in Products within one hundred eighty (180) days after delivery of a shipment of the Products. In the event of any rejection or shortage and as Nature’s Best’s sole remedy for non-conforming Products, LD Technology shall issue a credit to Nature’s Best for the amount billed by LD Technology for the rejected Products, or replace the Products or make up the shortage within twenty (20) days after receiving such notice and accepting such claim, as described below, at no additional cost to Nature’s Best, and shall make arrangements with Nature’s Best for the return or destruction (as designated by LD Technology) of any rejected Products, with such return shipping charges or costs of destruction to be paid by LD Technology. Upon receipt of such notice and samples or documentation, LD Technology shall have ten (10) days within which to investigate the claim of shortage or nonconformity and either accept or reject the claim. In the event of acceptance of a claim and as Nature’s Best’s sole remedy for non-conforming Products, LD Technology shall issue a credit to Nature’s Best within ten (10) days or will replace the Products or make up the shortage within twenty (20) days of receipt of the claim for nonconformity or shortage.
Rejected Goods/Shortages. (a) JT shall notify Corixa in writing of any claim that any Materials do not conform to the Specifications or any shortage in quantity of any shipment of Materials within [***]* of receipt of such shipment. Upon confirming any such nonconformance or shortage, Corixa shall [***]* of receiving such notice, [***]* and shall make arrangements with JT for the return or destruction of any rejected Materials, with any reasonable return shipping charges or costs of destruction to be paid by Corixa.
Rejected Goods/Shortages. (a) Synova shall notify BioPad, within 30 days after Synova's receipt of shipment, of any Licensed Product shipped to Synova that does not conform to the Specifications or is the subject of a manufacturing or other defect, or of any shortage in quantity of any Licensed Product shipment (each, a "REJECTION EVENT").
Rejected Goods/Shortages. (a) ZKC shall notify Theraclone in writing of any claim that any Supply Product does not conform to the Specifications or any shortage in quantity of any shipment of Supply Product within [***] of delivery (in accordance with Section 2.4) of such shipment, or, with respect to any claim that Supply Product did not conform to the Specifications at the time of delivery (in accordance with Section 2.4), which claim could not be discovered upon reasonable inspection of the Supply Product (including the testing of Supply Product set forth in Section 3.3 above and routine visual inspection during such [***]) (a “Latent Defect”), within [***] after becoming aware of or receiving notice of such claim. Upon confirming any such nonconformance or shortage (other than Latent Defects, dealt with separately below in Section 4.1(d), Theraclone shall replace the Supply Product or make up the shortage within [***] of receiving such notice, provided that Theraclone has sufficient conforming Supply Product in its inventory to do so (subject to Section 4.1(c) below), and shall make arrangements with ZKC for the return or destruction of any rejected Supply Product, with any reasonable return shipping charges or costs of destruction to be paid by Theraclone. *Confidential Treatment Requested.
