Refund for Agreed Products that Cannot Be Used for Patients Clause Samples

Refund for Agreed Products that Cannot Be Used for Patients. The Supplier shall refund the Customer in full for the Agreed Product purchased by the Customer which, for whatever reason, cannot be used for patient treatment. Examples of reasons that result in a refund for the Agreed Product: • The Agreed Product cannot be used for patient treatment due to medical reasons: o the patient dies before treatment is given; o the responsible treating physician decides that the patient no longer meets the clinical requirements for treatment. • The patient/guardian revokes their consent to treatment. • [NOT applicable in case of a patient-unique medicine] The medicinal product expires before it can be administered to the patient. If the medicinal product is stored at the Customer’s premises, the Customer is responsible for operating its warehouse in accordance with the principle of using the products with the shortest remaining shelf life first. • Transport or handling damage, regardless of when it is detected. The Customer shall report such damage to the Supplier upon discovery, without undue delay. • Defects in product quality, regardless of when they are detected. The Customer shall report such defects to the Supplier upon discovery, without undue delay. • Human error on the part of the Customer which makes the Agreed Product unfit for use, provided that the Customer has made its best effort to comply with all applicable instructions and requirements regarding transportation, storage, handling, and administration of the Agreed Product. The Customer is responsible for informing the Supplier about medicinal products that cannot be used for patients without undue delay. In the event of repeated refund claims, which are direct consequences of the failure to use the Agreed Products due to gross negligence on the part of the Customer, the Supplier has the right to suspend further delivery until the Customer’s relevant personnel have been trained by the Supplier (in accordance with Section 4.2.10) in the Agreed Product and the way it should be handled.
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