Remedies for Non-Conforming Product. In the event that a Panther Instrument fails to conform to the warranty set forth in Section 5.3 above and Gen-Probe receives written notice from Roka of such non-conformity within the Warranty Period, Gen-Probe shall: 5.5.1. Promptly investigate such non-conformity, and deliver to Roka a corrective action plan within thirty (30) days after receipt of Roka’s written notice of non-conformity, or such additional time as is approved by Roka if such investigation or plan requires data from sources other than Roka or Gen-Probe. 5.5.2. At Gen-Probe’s expense, repair or replace such non-conforming Part(s) as soon as reasonably practicable with Part(s) that conform to the Specifications and refund any freight charges (and related taxes and duties) incurred by Roka related to such non-conforming Part(s). The labor for the replacement of such Part(s) shall be provided by Roka. 5.5.3. In the event Roka is unable to repair or replace such non-conforming Part(s), Gen-Probe at its discretion shall either repair or replace such non-conforming Panther Instrument(s) as soon as reasonably practicable with Panther Instrument(s) that conform to the Specifications and refund any freight charges (and related taxes and duties) incurred by Roka related to such non-conforming Panther Instrument(s).
Appears in 3 contracts
Sources: Supply Agreement (Roka BioScience, Inc.), Supply Agreement (Roka BioScience, Inc.), Supply Agreement (Roka BioScience, Inc.)