Common use of Non-Conforming Shipments Clause in Contracts

Non-Conforming Shipments. If within thirty (30) days from receipt of a shipment of Product, diaDexus or its customer finds that the Product does not comply with the applicable Specifications, diaDexus or its customer shall provide BioCheck with a Certificate of Nonconformance for said shipment, such Certificate of Nonconformance to include a written statement specifying the nature and basis for the claim. diaDexus or its customer shall also return such non-conforming Product in accordance with BioCheck’s reasonable instructions, at BioCheck’s expense; provided that diaDexus or its customer may retain a reasonable sample thereof solely for further testing, including for example, testing pursuant to Section 2.9(d). BioCheck shall cooperate to solve such a claim in good faith as quickly as possible.