Addressing Nonconformities Clause Samples

Addressing Nonconformities. 9.2.1 Project Co shall: (a) within 2 Business Days of the discovery of a Nonconformity, enter a Nonconformity Report into the Nonconformity Tracking System, which Nonconformity Report shall include at least the information described in Section 9.6 of this Schedule 9 [Quality Management]; (b) assign each Nonconformity Report a reference number with the status ‘open’ within 2 Business Days of the Nonconformity Report being entered into the Nonconformity Tracking System, and shall indicate the ‘open date’, the time required for preparing the Proposed Plan and the time required for implementing the Final Plan; (c) review any plans or processes that relate to the Nonconformity, including, if applicable, any Quality Management Plans, and, if the Quality Manager identifies any amendments or changes that need to be made to such plans or processes, Project Co shall enter a separate Nonconformity Report (or comparable Corrective Action or Preventive Action report) with respect to such amendments or changes in accordance with the requirements of Section 9.2 of this Schedule 9 [Quality Management]; (d) develop a proposed disposition plan (the “Proposed Plan”) for Corrective Action or Preventive Action (if any action is required) to rectify the Nonconformity, including the timing and scope of the Corrective Action or Preventive Action, within 10 Business Days of the ‘open date’ of the Nonconformity Report, or another date if such other date is: (i) appropriate based on the nature of the Nonconformity; and (ii) acceptable to the City, acting reasonably; (e) finalize the Proposed Plan within 60 Business Days or within another time period accepted by the City, and shall obtain the consent or agreement to the Proposed Plan from any individuals that will be responsible for certifying completion of the relevant Project Work, including the Engineer of Record, and, if applicable, the City. The finalized Proposed Plan shall include the scope of the Corrective Action, or the Preventive Action, or both, and the timing for completion of such scope, which shall be no longer than 60 Business Days following finalization of the Proposed Plan, unless otherwise agreed by the City, acting reasonably (such finalized Proposed Plan, the “Final Plan”); (f) submit to the City each Final Plan; (g) document and verify the implementation of the Final Plan and final rectification of the Nonconformity; and (h) once a particular Nonconformity has been fully rectified and the particular Final Plan h...
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Related to Addressing Nonconformities

  • Nonconforming Work 5.6.1 Rejection, Removal and Replacement of Nonconforming Work

  • Inspection and Rejection of Nonconforming Goods The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

  • 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: (i) refund the invoice price for the defective Products; (ii) offset the amount paid against other amounts due to Patheon hereunder; or (iii) 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, 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.

  • Product Specifications (a) Supplier shall manufacture all Products according to the Specifications in effect as of the date of this Agreement, with such changes or additions to the Specifications of the Products related thereto as shall be requested by Buyer in accordance with this Section or as otherwise agreed in writing by the Parties. All other Products shall be manufactured with such Specifications as the Parties shall agree in writing. (b) Buyer may request changed or additional Specifications for any Product by delivering written notice thereof to Supplier not less than one hundred twenty (120) days in advance of the first Firm Order for such Product to be supplied with such changed or additional Specifications. Notwithstanding the foregoing, if additional advance time would reasonably be required in order to implement the manufacturing processes for production of a Product with any changed or additional Specifications, and to commence manufacture and delivery thereof, Supplier shall so notify Buyer, and Supplier shall not be required to commence delivery of such Product until the passage of such additional time. (c) Supplier shall be required to accommodate any change of, or additions to, the Specifications for any Product, if and only if (i) in Supplier’s good faith judgment, such changed or additional Specifications would not require Supplier to violate good manufacturing practice, (ii) the representation and warranty of Buyer deemed made pursuant to Subsection (e) below is true and correct, and (iii) Buyer agrees to reimburse Supplier for the incremental costs and expenses incurred by Supplier in accommodating the changed or additional Specifications, including the costs of acquiring any new machinery and tooling. For the avoidance of doubt, such costs and expenses shall be payable by Buyer separately from the cost of Products at such time or times as Supplier shall request. (d) Supplier shall notify Buyer in writing within thirty (30) days of its receipt of any request for changed or additional Specifications (i) whether Supplier will honor such changed or additional Specifications, (ii) if Supplier declines to honor such changed or additional Specifications, the basis therefor and (iii) if applicable, the estimated costs and expenses that Buyer will be required to reimburse Supplier in respect of the requested changes or additions, as provided in Subsection (c) above. Buyer shall notify Supplier in writing within fifteen (15) days after receiving notice of any required reimbursement whether Buyer agrees to assume such reimbursement obligation. (e) By its request for any changed or additional Specifications for any Product, Buyer shall be deemed to represent and warrant to Supplier that the manufacture and sale of the Product incorporating Buyer’s changed or additional Specifications, as a result of such incorporation, will not and could not reasonably be expected to (i) violate or conflict with any contract, agreement, arrangement or understanding to which Buyer and/or any of its Affiliates is a party, including this Agreement and any other contract, agreement, arrangement or understanding with Supplier and/or its Affiliates, (ii) infringe on any trademark, service ▇▇▇▇, copyright, patent, trade secret or other intellectual property rights of any Person, or (iii) violate any Applicable Law. Buyer shall indemnify and hold Supplier and its Affiliates harmless (including with respect to reasonable attorneys’ fees and disbursements) from any breach of this representation and warranty.

  • Packing Specifications 7.3.1 A pack will contain a minimum of one message record or a maximum of 99,999 message records plus a pack header record and a pack trailer record. One transmission can contain a maximum of 99 packs and a minimum of one pack.