Example ContractsClausesDefective Product
Defective Product
Defective Product contract clause examples

Defective Product. If Client rejects Products under Section 6.1 and the deviation is determined to have arisen from Patheon’s failure to provide the Manufacturing Services in accordance with the Specifications, cGMPs, or Applicable Laws, Patheon will credit Client’s account for Patheon’s invoice price for the defective Products. If Client previously paid for the defective Products, Patheon will promptly, at Client’s election, either: # refund the invoice price for the defective Products; # offset the amount paid against other amounts due to Patheon hereunder; or # replace the Products with conforming Products, (provided that Patheon is able to manufacture replacement Product at the same Manufacturing Site as that of the rejected Products),without Client being liable for payment therefor under Section 3.1, contingent upon the receipt from Client of all Active Materials and Client-Supplied Components required for the manufacture of the replacement Products. Patheon’s responsibility for any loss of Active Materials in defective Product will be captured and calculated in the Active Materials Yield under Section 2.2.

Defective Product. If VF rejects Bulk Drug Product under Section 6.1 and the deficiency is determined to have arisen from CCX’s failure to provide the Manufacturing Services in accordance with the Specifications, cGMPs or Applicable Laws, CCX will ​ for the defective Bulk Drug Product. If VF previously paid for the defective Bulk Drug Product, CCX will promptly, ​, either: # replace the Bulk Drug Product with conforming Bulk Drug Product within the following ​ months, as of rejection by VF, without VF being liable for payment therefor under Section 3.1. or # ​.

Defective Product. CCX’s maximum aggregate liability to VF for any obligation to # refund, offset or replace any defective Product under Section 6.3(a) or (ii) replace any recalled Products under Section 6.3(b), will not exceed ​ for the defective or recalled Product as applicable. This Section 10.2(a) will not be subject to Section 10.2(b). For clarity, any CCX liability for VF’s out of pocket expenses of a Recall or Product return under Section 6.3(b) will be subject to Section 10.2(b) and not this Section 10.2(a).

Defective Product. If Client rejects Products under Section 6.1 and the deviation is determined to have arisen from [[Organization A:Organization]]'s failure to provide the Manufacturing Services in accordance with the Specifications, cGMPs, or Applicable Laws, [[Organization A:Organization]] will credit Client's account for [[Organization A:Organization]]'s invoice price for the defective Products. If Client previously paid for the defective Products, [[Organization A:Organization]] will promptly, at Client's election, either: # refund the invoice price for the defective Products; # offset the amount paid against other amounts due to [[Organization A:Organization]] hereunder; or # replace the Products with conforming Products without Client being liable for payment therefor under Section 3.1, contingent upon the receipt from Client of all Active Materials and Client-Supplied Components required for the manufacture of the replacement Products. For greater certainty, [[Organization A:Organization]]'s responsibility for any loss of Active Materials in defective Product will be captured and calculated in the Active Materials Yield under Section 2.2.

Defective Product. If Client rejects Products under Section 6.1 and the deviation is determined to have arisen from Patheon’s failure to provide the Manufacturing Services in accordance with the Specifications, cGMPs, or Applicable Laws, Patheon will credit Client’s account for Patheon’s invoice price for the defective Products. If Client previously paid for the defective Products, Patheon will promptly, at Client’s election, either: # refund the invoice price for the defective Products; # offset the amount paid against other amounts due to Patheon hereunder; or # replace the Products with conforming Products, (provided that Patheon is able to manufacture replacement Product at the same Manufacturing Site as that of the rejected Products), without Client being liable for payment therefor under Section 3.1, contingent upon the receipt from Client of all Active Materials and Client-Supplied Components required for the manufacture of the replacement Products. For greater certainty, Patheon’s responsibility for any loss of Active Materials in defective Product will be captured and calculated in the Active Materials Yield under [Section 2.2].

Defective Product. If Client rejects Product under Section 6.1 and the deficiency is determined to have arisen from [[Organization A:Organization]]’s failure to provide the Manufacturing Services in accordance with the Specifications, cGMPs or Applicable Laws, [[Organization A:Organization]] will credit Client’s account for [[Organization A:Organization]]’s invoice price for the defective Product. If Client previously paid for the defective Product, ​. For greater certainty, [[Organization A:Organization]]’s responsibility for any loss of Active Materials in defective Product will be captured and calculated in the Active Materials Yield under [Section 2.2].

Defective Product. [[Organization A:Organization]]’s maximum aggregate liability to Client for any obligation to # refund, offset or replace any defective Product under Section 6.3(a) or (ii) replace any recalled Products under Section 6.3(b), will not exceed ​. This [Section 10.2(a)] will not be subject to [Section 10.2(c)]. For clarity, any [[Organization A:Organization]] liability for Client’s out of pocket expenses of a Recall or Product return under Section 6.3(b) will be subject to [Section 10.2(c)] and not this [Section 10.2(a)].

Replacement Product; Defective Product. Following a claim from Company pursuant to Section 8(A) or 8(B), in the event that Takeda accepts Company’s claim as valid or in the event that the independent laboratory decides in favor of Company’s claim, subject to the last sentence of this paragraph, Takeda shall replace the defective Bulk Drug Product as soon as reasonably practicable and will have no other obligation towards Company in relation to that defective Bulk Drug Product. Any Bulk Drug Product that is agreed or determined to be defective shall be, as directed by Takeda, either destroyed by Company or returned to Takeda, in either case at Takeda’s expense. Except for Takeda’s obligations under Section 10 or 15, Takeda shall have no liability for defective Bulk Drug Product other than as provided in this Section 8.

Replacement Product; Defective Product. Following a claim from Company pursuant to Section 8(A) or 8(B), in the event that Takeda accepts Company’s claim as valid or in the event that the independent laboratory decides in favor of Company’s claim, subject to the last sentence of this paragraph, Takeda shall replace the defective Bulk Drug Product as soon as reasonably practicable and will have no other obligation towards Company in relation to that defective Bulk Drug Product. Any Bulk Drug Product that is agreed or determined to be defective shall be, as directed by Takeda, either destroyed by Company or returned to Takeda, in either case at Takeda’s expense. Except for Takeda’s obligations under Section 10 or 15, Takeda shall have no liability for defective Bulk Drug Product other than as provided in this Section 8.

Defective or Recalled Product. Patheon’s maximum aggregate liability to Client for any obligation to # refund, offset or replace any defective Product under [Section 6.3(a) or (ii)])] replace any recalled Product under [Section 6.3(b)], will not exceed ​ of the Price for the defective or recalled Product as applicable. This [Section 10.2(c)] will not be subject to [Section 10.2(b)].

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