Hidden Defect definition

Hidden Defect means a non-specified quality attribute of a single batch defect in the Product which is not discovered by Nycomed during its release testing of the Product as such testing is described in the Specifications. If testing of such Shipment using validated assays shows a Non-Conforming Product, Nycomed may return the entire Shipment, or any portion thereof, to Acusphere at Acusphere's expense within a reasonable time following the above described testing, provided that notice of Non-Conformity is received by Acusphere from Nycomed within sixty (60) days of Nycomed's receipt of said Shipment, except for hidden defects. Nycomed shall have the right to request that Acusphere provide to Nycomed, within sixty (60) days after such notice is received by it, Product that is free from such Non-Conformity or to promptly provide Nycomed with full credit for the Purchase Price paid by Nycomed for the returned Product. In case of a hidden defect, Nycomed shall notify Acusphere within sixty (60) days after discovery of such hidden defect, and Nycomed shall have the right to request that Acusphere provide to Nycomed, within sixty (60) days after a notice concerning a hidden defect is received by it, Product that are free from any Non-Conformity, or to promptly provide Nycomed with full credit for the Purchase Price paid by Nycomed for the returned Product. In either case the cost of freight and handling to return or replace the returned Product shall be at the expense of Acusphere. If Nycomed does not notify Acusphere of the Non-Conformity of the Product within sixty (60) days of receipt of said Shipment, the Product shall be deemed to be free from any Non-Conformity, except for hidden defects. Notwithstanding anything in this Agreement to the contrary, the Parties may agree to a return of the Product or an adjustment in the Purchase Price in the event of any failure or defect in the Product. Should there be a discrepancy between Nycomed's test results and the results of testing performed by Acusphere, the Parties agree to first review the assay procedures and data in good faith, but such discrepancies shall be finally resolved by testing performed by an independent Third Party mutually agreed upon by Nycomed and Acusphere. The costs of such testing shall be borne by the Party against whom the discrepancy is resolved. In the event Product has been previously returned to Acusphere and an independent Third Party determines that the Product is free from 38 any Non-Conformity, N...

Hidden Defect means a defect or fault in a Vehicle that is not visible at the time of inspection for the purpose of issuing Our Vehicle Condition Report, and which is the cause of or contributes to any damage, deterioration or wastage to a Vehicle.

Hidden Defect means those deviations from the Specifications that are not visible or readily identifiable at the time of delivery. ​

Examples of Hidden Defect in a sentence

• As soon as possible but not exceeding the shelf life of any Product, if either Party becomes aware of a Hidden Defect in such Product, it will, within five (5) business days of becoming aware of such Hidden Defect, notify the other Party in writing about all Product involved (a “Hidden Defect Rejection Notice”).

• A Hidden Defect is defined as a defect that existed at the time Product is delivered and, for avoidance of doubt, a Hidden Defect does not include any defect that might be caused in storage or transportation of the Product.

• At ETON’s discretion, any Product subject to a Hidden Defect shall be deemed rejected as of the date of any such Hidden Defect Rejection Notice.

• Paladin shall notify VIVUS in writing of any claim relating to damaged, defective or nonconforming Product or any shortage in quantity of any shipment of the Product within thirty (30) days of receipt of such Product or, if the defect is not readily apparent based upon a reasonable inspection (a "Hidden Defect"), within thirty (30) days after which the Hidden Defect becomes known to Paladin.

• With respect to non-conformities of Product that by their nature are not discoverable upon a reasonable visual inspection (“Hidden Defects”), (i) the Distributor will notify the Company promptly upon learning of or discovering a Hidden Defect; and (ii) the parties will meet promptly to discuss the situation and agree on a reasonable and appropriate resolution under the circumstances, subject to the terms of the Continuing Guaranty (defined below).

More Definitions of Hidden Defect

Hidden Defect means a defect in any shipment of Product that could not reasonably be expected to have been found by diligent and adequate inspection by Amylin pursuant to Section 4.1, such as the presence of any Contaminant or failure to follow cGMPs.

Hidden Defect means a defect which prevents use of the Product for its normal application and which could not have been discovered by Schering-Plough upon routine inspection following its receipt of the Product.

Hidden Defect means a defect in a Product which cannot reasonably be detected, either upon Delivery or upon first receipt by Purchaser, by means of a customary visual inspection of the shipment (without opening Confidential Information indicated by [***] has been omitted from this filing and filed separately with the Securities Exchange Commission. secondary packaging) or by consulting the Certificate of Analysis accompanying such Product.

Hidden Defect means a defect that causes Product to fail to conform to the Specifications or to the warranties provided by Manufacturer hereunder, which defect is not discoverable upon reasonable physical inspection and testing performed pursuant to Section 5.3 but is discovered at a later time (e.g., in the course or as a result of long-term stability studies).

Hidden Defect means any defect in any Lot that could not reasonably be expected to have been found by diligent and adequate inspection and testing by AMYLIN, such as failure to follow CGMPs.

Hidden Defect means any Component's failure (i) to have been manufactured in accordance with this Agreement, including, without limitation, cGMP in effect at the time of manufacture, or (ii) to conform in all material respects to the Specifications in effect at the time of manufacture, to the exclusion of any failure which was or could have been identified through commercially reasonable and adequate inspection and testing based on mutually agreed inspection criteria as set out in the Specifications and according to Section 9.1.

Hidden Defect a physical damage or product manufacturing defect of the Product that does not qualify as an apparent defect. ‘Indemnified Person(s)’: the persons specified as Indemnified Persons in Article I.23.3. ‘Initial European Doses’: the initial number of doses as specified in Article I.7.1. ‘Irregularity’: any infringement of a provision of Union law resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the Union’s budget. ‘Loss(es)’: any harm, damage or loss as specified in Article I.23.3. ‘Notification’ (or ‘notify’): form of communication between the Parties made in writing in English, including by electronic means.