Common use of Nonconforming Product Clause in Contracts

Nonconforming Product. a. The Seller shall not use dispositions of Use-As-Is or Repair except as outlined below if- i. The product is produced to Battelle design, or ii. The nonconformity results in a departure from the contract requirements. b. For unshipped product, The SELLER and sub-tier suppliers are delegated authority to disposition minor nonconformance issues provided the disposition of that material or product ensures that it is re-worked to full conformance with the original requirements. Any major nonconformance to a drawing or specification requirement must be submitted to Battelle’s Quality Organization for Buyer material review and disposition. Copies of all Material Review actions processed as Use-As-Is or Repair for a given unit shall be provided with the Acceptance Test report and/or final documentation of the product. Shipment of nonconforming material or product is not allowed until Battelle and Seller material review actions have been completed and written approval has been provided by Battelle. c. Acceptance of any non-conforming Work shall not bind Battelle to accept future shipments of non- conforming Work, nor deprive it of the right to return non-conforming Work already accepted. Non- conforming work, if rejected, may be returned to Seller at Seller’s expense for transportation both ways, and no substitution or replacement shall be made unless authorized by Buyer. d. For shipped product, Seller and sub-tier suppliers are required to notify Battelle immediately on all known nonconforming product which has already shipped to Battelle and/or Battelle’s customers. Notification shall be in writing and shall include a clear description of the nonconformity, parts affected, customer and/or Seller part numbers, quantity, and date(s) delivered.

Appears in 4 contracts

Sources: Purchase Order Agreement, Purchase Order, Purchase Order Agreement

Nonconforming Product. a. The Seller shall not use dispositions of Use-As-Is or Repair except as outlined below if- i. The product is produced to Battelle design, or ii. The nonconformity results in a departure from the contract requirements. b. For unshipped product, The SELLER and sub-tier suppliers are delegated authority to disposition minor nonconformance issues provided the disposition of that material or product ensures that it is re-worked to full conformance with the original requirements. Any major nonconformance to a drawing or specification requirement must be submitted to Battelle’s Quality Organization for Buyer material review and disposition. Copies of all Material Review actions processed as Use-As-Is or Repair for a given unit shall be provided with the Acceptance Test report and/or final documentation of the product. Shipment of nonconforming material or product is not allowed until Battelle and Seller material review actions have been completed and written approval has been provided by Battelle. c. Acceptance of any non-conforming Work shall not bind Battelle to accept future shipments of non- non-conforming Work, nor deprive it of the right to return non-conforming Work already accepted. Non- Non-conforming work, if rejected, may be returned to Seller at Seller’s expense for transportation both ways, and no substitution or replacement shall be made unless authorized by Buyer. d. For shipped product, Seller and sub-tier suppliers are required to notify Battelle immediately on all known nonconforming product which has already shipped to Battelle and/or Battelle’s customers. Notification shall be in writing and shall include a clear description of the nonconformity, parts affected, customer and/or Seller part numbers, quantity, and date(s) delivered.

Appears in 3 contracts

Sources: Purchase Order Terms and Conditions, Purchase Order Agreement, Purchase Order

Nonconforming Product. a. Unless otherwise specified in this Contract, any goods delivered under this Contract shall consist of new materials. Used, reconditioned or remanufactured goods will not be delivered to the Buyer unless the Buyer expressly agrees in writing to accept such goods prior to delivery. b. The Seller shall not use dispositions of make a decision to Use-As-Is or Repair except as outlined below if- i. The product is produced to Battelle design, or ii. The nonconformity results in a departure from the contract requirements. b. c. For unshipped product, The SELLER and sub-tier suppliers are delegated authority to disposition rework minor nonconformance issues nonconformities provided the disposition of that reworked material or product ensures that it is re-worked verified to be in full conformance with the original material or product requirements. Any major nonconformance to a drawing or specification requirement must be submitted to Battelle’s Quality Organization for Buyer material review and dispositionapproval prior to executing any decision related to the nonconforming product. Copies of all Material Review actions processed as Use-As-Is or Repair for a given unit shall be provided tendered with the Acceptance Test report and/or final documentation of the product. Shipment of nonconforming material or product is not allowed until Battelle and Seller material review actions have been completed and written approval has been provided by Battelle. c. d. Acceptance of any non-conforming Work shall not bind Battelle to accept future shipments of non- conforming Work, nor deprive it of the right to revoke acceptance and return non-conforming Work already acceptedWork. Non- conforming work, if rejected, may be returned to Seller at Seller’s expense for transportation both ways, and no substitution or replacement shall be made unless authorized by Buyer. d. e. For shipped product, Seller and sub-tier suppliers are required to notify Battelle immediately on of all known nonconforming product which has already shipped to Battelle and/or Battelle’s customers. Notification shall be in writing and shall include a clear description of the nonconformity, parts affected, customer and/or Seller part numbers, quantity, and date(s) delivered.

Appears in 2 contracts

Sources: Purchase Order, Purchase Order Agreement

Nonconforming Product. a. The Seller shall not use dispositions of Use-As-Is or Repair except as outlined below if- i. The product is produced to Battelle design, or ii. The nonconformity results in a departure from the contract requirements. b. For unshipped product, The SELLER and sub-tier suppliers are delegated authority to disposition minor nonconformance issues provided the disposition of that material or product ensures that it is re-worked to full conformance with the original requirements. Any major nonconformance to a drawing or specification requirement must be submitted to Battelle’s Quality Organization for Buyer material review and disposition. Copies of all Material Review actions processed as Use-Use- As-Is or Repair for a given unit shall be provided with the Acceptance Test report and/or final documentation of the product. Shipment of nonconforming material or product is not allowed until Battelle and Seller material review actions have been completed and written approval has been provided by Battelle. c. Acceptance of any non-conforming Work shall not bind Battelle to accept future shipments of non- non-conforming Work, nor deprive it of the right to return non-conforming Work already accepted. Non- Non-conforming work, if rejected, may be returned to Seller at Seller’s expense for transportation both ways, and no substitution or replacement shall be made unless authorized by Buyer. d. For shipped product, Seller and sub-tier suppliers are required to notify Battelle immediately on all known nonconforming product which has already shipped to Battelle and/or Battelle’s customers. Notification shall be in writing and shall include a clear description of the nonconformity, parts affected, customer and/or Seller part numbers, quantity, and date(s) delivered.

Appears in 2 contracts

Sources: Purchase Order, Purchase Order

Nonconforming Product. a. Unless otherwise specified in this Contract, any goods delivered under this Contract shall consist of new materials. Used, reconditioned or remanufactured goods will not be delivered to the Buyer unless the Buyer expressly agrees in writing to accept such goods prior to delivery. b. The Seller shall not use dispositions of Use-As-Is or Repair except as outlined below if- i. The product is produced to Battelle design, or ii. The nonconformity results in a departure from the contract requirements. b. c. For unshipped product, The SELLER and sub-tier suppliers are delegated authority to disposition rework minor nonconformance issues nonconformities provided the disposition of that reworked material or product ensures that it is re-worked verified to be in full conformance with the original material or product requirements. Any major nonconformance to a drawing or specification requirement must be submitted to Battelle’s Quality Organization for Buyer material review and dispositionapproval prior to executing any decision related to the nonconforming product. Copies of all Material Review actions processed as Use-As-Is or Repair for a given unit shall be provided tendered with the Acceptance Test report and/or final documentation of the product. Shipment of nonconforming material or product is not allowed until Battelle and Seller material review actions have been completed and written approval has been provided by Battelle. c. d. Acceptance of any non-conforming Work shall not bind Battelle to accept future shipments of non- non-conforming Work, nor deprive it of the right to revoke acceptance and return non-conforming Work already acceptedWork. Non- Non-conforming work, if rejected, may be returned to Seller at Seller’s expense for transportation both ways, and no substitution or replacement shall be made unless authorized by Buyer. d. e. For shipped product, Seller and sub-tier suppliers are required to notify Battelle immediately on of all known nonconforming product which has already shipped to Battelle and/or Battelle’s customers. Notification shall be in writing and shall include a clear description of the nonconformity, parts affected, customer and/or Seller part numbers, quantity, and date(s) delivered.

Appears in 1 contract

Sources: Purchase Order

Nonconforming Product. a. Unless otherwise specified in this Contract, any goods delivered under this Contract shall consist of new materials. Used, reconditioned or remanufactured goods will not be delivered to the Buyer unless the Buyer expressly agrees in writing to accept such goods prior to delivery. b. The Seller shall not use dispositions of Use-As-Is or Repair except as outlined below if- i. The product is produced to Battelle design, or ii. The nonconformity results in a departure from the contract requirements. b. c. For unshipped product, The SELLER and sub-tier suppliers are delegated authority to disposition rework minor nonconformance issues nonconformities provided the disposition of that reworked material or product ensures that it is re-worked verified to be in full conformance with the original material or product requirements. Any major nonconformance to a drawing or specification requirement must be submitted to Battelle’s Quality Organization for Buyer material review and dispositionapproval prior to executing any decision related to the nonconforming product. Copies of all Material Review actions processed as Use-As-Is or Repair for a given unit shall be provided tendered with the Acceptance Test report and/or final documentation of the product. Shipment of nonconforming material or product is not allowed until Battelle and Seller material review actions have been completed and written approval has been provided by Battelle. c. d. Acceptance of any non-conforming Work shall not bind Battelle to accept future shipments of non- conforming Work, nor deprive it of the right to revoke acceptance and return non-conforming Work already acceptedWork. Non- conforming work, if rejected, may be returned to Seller at Seller’s expense for transportation both ways, and no substitution or replacement shall be made unless authorized by Buyer. d. e. For shipped product, Seller and sub-tier suppliers are required to notify Battelle immediately on of all known nonconforming product which has already shipped to Battelle and/or Battelle’s customers. Notification shall be in writing and shall include a clear description of the nonconformity, parts affected, customer and/or Seller part numbers, quantity, and date(s) delivered.

Appears in 1 contract

Sources: Purchase Order

Nonconforming Product. a. The Seller shall not use dispositions of Use-As-Is or Repair except as outlined below if- i. The product is produced to Battelle design, or ii. The nonconformity results in a departure from the contract requirements. b. For unshipped product, The SELLER and sub-tier suppliers are delegated authority to disposition rework minor nonconformance issues nonconformities provided the disposition of that reworked material or product ensures that it is re-worked verified to be in full conformance with the original material or product requirements. Any major nonconformance to a drawing or specification requirement must be submitted to Battelle’s Quality Organization for Buyer material review and disposition. Copies of all Material Review actions processed as Use-As-Is or Repair for a given unit shall be provided with the Acceptance Test report and/or final documentation of the product. Shipment of nonconforming material or product is not allowed until Battelle and Seller material review actions have been completed and written approval has been provided by Battelle. c. Acceptance of any non-conforming Work shall not bind Battelle to accept future shipments of non- non-conforming Work, nor deprive it of the right to return non-conforming Work already accepted. Non- Non-conforming work, if rejected, may be returned to Seller at Seller’s expense for transportation both ways, and no substitution or replacement shall be made unless authorized by Buyer. d. For shipped product, Seller and sub-tier suppliers are required to notify Battelle immediately on all known nonconforming product which has already shipped to Battelle and/or Battelle’s customers. Notification shall be in writing and shall include a clear description of the nonconformity, parts affected, customer and/or Seller part numbers, quantity, and date(s) delivered. e. Seller may be asked to provide root cause and corrective action support and responses for nonconformances impacting Battelle using tools such as 5-why, 8D, or using another Battelle provided corrective action format.

Appears in 1 contract

Sources: Purchase Order Terms and Conditions

Nonconforming Product. a. The Seller shall not use dispositions of Use-As-Is or Repair except as outlined below if- i. The product is produced to Battelle design, or ii. The nonconformity results in a departure from the contract requirements. b. For unshipped product, The SELLER and sub-tier suppliers are delegated authority to disposition minor nonconformance issues provided the disposition of that material or product ensures that it is re-worked to full conformance with the original requirements. Any major nonconformance to a drawing or specification requirement must be submitted to Battelle’s Quality Organization for Buyer material review and disposition. Copies of all Material Review actions processed as Use-As-Is or Repair for a given unit shall be provided with the Acceptance Test report and/or final documentation of the product. Shipment of nonconforming material or product is not allowed until Battelle and Seller material review actions have been completed and written approval has been provided by Battelle. c. Acceptance of any non-conforming Work shall not bind Battelle ▇▇▇▇▇▇▇▇ to accept future shipments of non- non-conforming Work, nor deprive it of the right to return non-conforming Work already accepted. Non- Non-conforming work, if rejected, may be returned to Seller at Seller’s expense for transportation both ways, and no substitution or replacement shall be made unless authorized by Buyer. d. For shipped product, Seller and sub-tier suppliers are required to notify Battelle immediately on all known nonconforming product which has already shipped to Battelle and/or Battelle’s customers. Notification shall be in writing and shall include a clear description of the nonconformity, parts affected, customer and/or Seller part numbers, quantity, and date(s) delivered.

Appears in 1 contract

Sources: Purchase Order

Nonconforming Product. a. Unless otherwise specified in this Contract, any goods delivered under this Contract shall consist of new materials. Used, reconditioned or remanufactured goods will not be delivered to the Buyer unless the Buyer expressly agrees in writing to accept such goods prior to delivery. b. The Seller shall not use dispositions of make a decision to Use-As-Is or Repair except as outlined below if- i. The product is produced to Battelle design, or ii. The nonconformity results in a departure from the contract requirements. b. c. For unshipped product, The SELLER and sub-tier suppliers are delegated authority to disposition rework minor nonconformance issues nonconformities provided the disposition of that reworked material or product ensures that it is re-worked verified to be in full conformance with the original material or product requirements. Any major nonconformance to a drawing or specification requirement must be submitted to Battelle’s Quality Organization for Buyer material review and dispositionapproval prior to executing any decision related to the nonconforming product. . Copies of all Material Review actions processed as Use-As-Is or Repair for a given unit shall be provided tendered with the Acceptance Test report and/or final documentation of the product. Shipment of nonconforming material or product is not allowed until Battelle and Seller material review actions have been completed and written approval has been provided by Battelle. c. d. Acceptance of any non-conforming Work shall not bind Battelle to accept future shipments of non- conforming Work, nor deprive it of the right to revoke acceptance and return non-conforming Work already acceptedWork. Non- conforming work, if rejected, may be returned to Seller at Seller’s expense for transportation both ways, and no substitution or replacement shall be made unless authorized by Buyer. d. e. For shipped product, Seller and sub-tier suppliers are required to notify Battelle immediately on of all known nonconforming product which has already shipped to Battelle and/or Battelle’s customers. Notification shall be in writing and shall include a clear description of the nonconformity, parts affected, customer and/or Seller part numbers, quantity, and date(s) delivered.

Appears in 1 contract

Sources: Purchase Order

Nonconforming Product. a. The Seller shall not use dispositions of Use-As-Is or Repair except as outlined below if- i. The product is produced to Battelle design, or ii. The nonconformity results in a departure from the contract requirements. b. For unshipped product, The SELLER and sub-tier suppliers are delegated authority to disposition rework minor nonconformance issues nonconformities provided the disposition of that reworked material or product ensures that it is re-worked verified to be in full conformance with the original material or product requirements. Any major nonconformance to a drawing or specification requirement must be submitted to Battelle’s Quality Organization for Buyer material review and disposition. Copies of all Material Review actions processed as Use-Use- As-Is or Repair for a given unit shall be provided with the Acceptance Test report and/or final documentation of the product. Shipment of nonconforming material or product is not allowed until Battelle and Seller material review actions have been completed and written approval has been provided by Battelle. c. Acceptance of any non-conforming Work shall not bind Battelle to accept future shipments of non- non-conforming Work, nor deprive it of the right to return non-conforming Work already accepted. Non- Non-conforming work, if rejected, may be returned to Seller at Seller’s expense for transportation both ways, and no substitution or replacement shall be made unless authorized by Buyer. d. For shipped product, Seller and sub-tier suppliers are required to notify Battelle immediately on all known nonconforming product which has already shipped to Battelle and/or Battelle’s customers. Notification shall be in writing and shall include a clear description of the nonconformity, parts affected, customer and/or Seller part numbers, quantity, and date(s) delivered.

Appears in 1 contract

Sources: Purchase Order Terms and Conditions

Nonconforming Product. a. The Seller shall not use dispositions of Use-As-Is or Repair except as outlined below if- i. The product is produced to Battelle design, or ii. The nonconformity results in a departure from the contract requirements. b. For unshipped product, The SELLER and sub-tier suppliers are delegated authority to disposition rework minor nonconformance issues nonconformities provided the disposition of that reworked material or product ensures that it is re-worked verified to be in full conformance with the original material or product requirements. Any major nonconformance to a drawing or specification requirement must be submitted to Battelle’s Quality Organization for Buyer material review and disposition. Copies of all Material Review actions processed as Use-As-Is or Repair for a given unit shall be provided with the Acceptance Test report and/or final documentation of the product. Shipment of nonconforming material or product is not allowed until Battelle and Seller material review actions have been completed and written approval has been provided by Battelle. c. Acceptance of any non-conforming Work shall not bind Battelle to accept future shipments of non- non-conforming Work, nor deprive it of the right to return non-conforming Work already accepted. Non- Non-conforming work, if rejected, may be returned to Seller at Seller’s expense for transportation both ways, and no substitution or replacement shall be made unless authorized by Buyer. d. For shipped product, Seller and sub-tier suppliers are required to notify Battelle immediately on all known nonconforming product which has already shipped to Battelle and/or Battelle’s customers. Notification shall be in writing and shall include a clear description of the nonconformity, parts affected, customer and/or Seller part numbers, quantity, and date(s) delivered. e. Seller may be asked to provide root cause and corrective action support and responses for nonconformances impacting Battelle using tools such as 5-why, 8D, or using another Battelle provided corrective action format. f. Unless otherwise specified in this Contract, any goods delivered under this contract shall consist of new materials. Used, reconstituted or remanufactured goods will not be delivered to the Buyer unless the Buyer expressly agrees in writing to accept such goods prior to delivery.

Appears in 1 contract

Sources: Manufacturing Agreement