Damaged Products. The Distributor will visually inspect each shipment of Product for external damage or loss in transit and will notify the Company in writing (or by e-mail or fax) of any shortage or other non-conformity in any order delivery within [***] ([***]) business days of the date of delivery. 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).
Appears in 2 contracts
Sources: Distribution Services Agreement, Distribution Services Agreement (Kythera Biopharmaceuticals Inc)