Common use of Nonconforming Product Clause in Contracts

Nonconforming Product. In the event that Supplier provides PPF that does not meet the Regulations or does not conform to the Specifications, or contains latent defects, or that has not been manufactured, processed, stored, distributed, tested, transported, disposed of or otherwise handled in accordance with applicable SOPs, the Specifications, cGMPs and the Regulations (“Nonconforming Product”), Supplier will at no cost to Bayer, and as soon as reasonably feasible, replace such Nonconforming Product with an equivalent amount of conforming PPF. Bayer shall destroy all Nonconforming Product and promptly provide a certificate of destruction to Supplier. Supplier shall reimburse Bayer for the reasonable costs of such destruction. In addition to those obligations set forth above, Supplier shall provide Bayer with the identification number of any plasma unit that was pooled and manufactured into a batch or lot of Nonconforming Product delivered to Bayer.

Appears in 3 contracts

Sources: Supply Agreement (Talecris Biotherapeutics Holdings Corp.), Supply Agreement (Talecris Biotherapeutics Holdings Corp.), Supply Agreement (Talecris Biotherapeutics Holdings Corp.)