Example ContractsClausesProduct Claims
Product Claims
Product Claims contract clause examples

Product Claims. Client has the right to reject any portion of any shipment of Products that deviate from the Specifications, cGMPs, or Applicable Laws, without invalidating any remainder of the shipment. Client will inspect the Products manufactured by Patheon promptly upon receipt and will give Patheon written notice (a "Deficiency Notice") of all claims for Products that deviate from the Specifications, cGMPs, or Applicable Laws, within ​ days after Client’s receipt thereof (or, in the case of Master Manufacturing Services Agreement

Conduct of Product Liability Claims. The provisions of this Section 13.4 shall govern with respect to any Third-Party Product Liability Action for which a Party seeks indemnification pursuant to Section 13.1, and the provisions of this Section 13.4 shall control in the event of any conflict between such provisions and those of Section 13.2 above.

Product. The Product shall not be adulterated or misbranded as provided in the Food, Drug and Cosmetic Act, as amended from time to time;

Client may claim a remedy (a “Product Claim”) for any portion of any batch of Product for which Patheon did not perform the Manufacturing Services in accordance with the agreed Processing Instructions, cGMPs, the Quality Agreement, the Specifications, this Agreement, or Applicable Laws (“Deficient Product”). Any Product Claim concerning Deficient Product shall be communicated by Client to Patheon in writing as soon as possible, but in no event later than ​ from its discovery by Client or its designees. For clarification, after the end of the above-mentioned ​ period to issue a Product Claim, neither Client nor its designees shall be entitled to claim that the Product delivered by Patheon constituted Deficient Product. Client shall not be entitled to claim that the Product delivered by Patheon is Deficient Product if Client, or as appropriate, its designees, fail to perform the tests, analysis, inspections and/or reviews of the Product appropriately, reasonably, and in a timely manner consistent with industry standard, and/or complete its related documentation required under Applicable Laws, the Quality Agreement, and/or cGMP.

Product Claims. Client has the right to reject any portion of any shipment of Product that was not manufactured in accordance with the Specifications, the Marketing Authorisation Dossier (“MAD”), Manufacturing Batch record (“MBR”), cGMPs, or Applicable Laws, without invalidating any remainder of the shipment. Client will inspect the Product manufactured by [[Organization A:Organization]] upon receipt and will give [[Organization A:Organization]] written notice (a “Deficiency Notice”) of all claims for Product that was not manufactured in accordance with the Specifications, MAD or MBR, cGMPs, or Applicable Laws, within ​ days after Client’s receipt thereof (or, in the case of any defects not reasonably susceptible to discovery upon receipt of the Product, within ​ days after discovery by Client, but not after the expiration date of the Product). If Client fails to give [[Organization A:Organization]] the Deficiency Notice within the applicable ​ day period, then the delivery will be considered to have been accepted by Client on the ​ day after delivery or discovery, as applicable. [[Organization A:Organization]] will have no liability for any deficiency for which it has not received notice within the applicable ​ day period.

Product Claims. Client has the right to reject any portion of any shipment of Products that deviates from the Specifications, cGMPs, or Applicable Laws without invalidating any remainder of the shipment. Client will inspect the Products manufactured by [[Organization A:Organization]] upon receipt and will give [[Organization A:Organization]] written notice (a "Deficiency Notice") of all claims for Products that deviate from the Specifications, cGMPs, or Applicable Laws within ​ days after Client's receipt thereof (or, in the case of any defects not reasonably susceptible to discovery upon receipt of the Product, within ​ days after discovery by Client, but not after the expiration date of the Product). Should Client fail to give [[Organization A:Organization]] the Deficiency Notice within the applicable ​ day period, then the delivery will be deemed to have been accepted by Client on the ​ day after delivery or discovery, as applicable. Except as set out in Section 6.3, [[Organization A:Organization]] will have no liability for any deviations for which it has not received notice within the applicable ​ day period.

Product Claims. VF has the right to reject any portion of or all (to the extent reasonable) of any shipment of Bulk Drug Product that was not Manufactured in accordance with the Specifications, the Marketing Authorisation Dossier (“MAD”), Manufacturing Batch record (“MBR”), cGMPs, or Applicable Laws, without invalidating any remainder of the shipment that was not rejected. VF will inspect the Bulk Drug Product manufactured by CCX upon receipt and will give CCX written notice (a “Deficiency Notice”) of all claims for Bulk Drug Product that was not manufactured in accordance with the Specifications, MAD or MBR, cGMPs, or Applicable Laws, within ​ days after VF’s receipt thereof (or, in the case of any defects not reasonably susceptible to discovery upon receipt of the Bulk Drug Product, within ​ days after discovery by VF, but not after the expiration date of the Product). Other than with respect to defects not reasonably susceptible to discovery, if VF fails to give CCX the Deficiency Notice within the applicable ​ day period, then the delivery will be considered to have been accepted by VF on the ​th day after delivery or discovery, as applicable. CCX will have no liability for any deficiency for which it has not received notice within the applicable ​-day period.

Client may claim a remedy (a “Product Claim”) for any portion of any batch of Product for which Patheon did not perform the Manufacturing Services in accordance with the agreed Processing Instructions, Specifications, cGMPs, or Applicable Laws (“Deficient Product”). Client will inspect Product manufactured by Patheon, or batch documentation provided by Patheon, upon receipt and will give Patheon written notice of all Product Claims ​ (or, in the case of any deficiency not reasonably susceptible to discovery upon receipt, ​, but not after the expiration date of the Product). If Client fails to provide a Product Claim within the applicable ​ period, then the Product will be considered to have been accepted by Client on the ​.

Product Claims. Client has the right to reject and return, at Patheon’s expense for any Products for which Patheon has responsibility under [Section 6.3] (and otherwise at Client’s expense), any portion of any shipment of Products that deviate from the Specifications, cGMPs, or Applicable Laws, without invalidating any remainder of the shipment. Client will visually inspect the Products manufactured by Patheon upon receipt thereof and will give Patheon written notice (a "Deficiency Notice") of all claims for Products that deviate from the Specifications, cGMPs, or Applicable Laws, within ​ after Client’s receipt thereof (or, in the case of any defects not reasonably susceptible to discovery upon receipt of the Product, within ​ after discovery by Client, but not after the expiration date of the Product). Should Client fail to give Patheon the Deficiency Notice within the applicable ​ period, then the delivery will be deemed to have been accepted by Client on the ​ after delivery or discovery, as applicable.

Client may claim a remedy (a “Product Claim”) for any portion of any batch of Product for which Patheon did not perform the Manufacturing Services in accordance with the agreed Processing Instructions, cGMPs, or Applicable Laws (“Deficient Product”). Client will inspect Product manufactured by Patheon, or batch documentation provided by Patheon, upon receipt and will give Patheon written notice of all Product Claims within 30 days after receipt (or, in the case of any deficiency not reasonably susceptible to discovery upon receipt, within 30 days after discovery by Client, but not after the expiration date of the Product). If Client fails to provide a Product Claim within the applicable 30 day period, then the Product will be considered to have been accepted by Client on the 30th day. Patheon will have no liability for any deficiency for which it has not received notice within the applicable 30 day period.

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