Common use of Remedies for Non-Conforming Product Clause in Contracts

Remedies for Non-Conforming Product. 7.2.1. In the event Nephron agrees that any the Product is non-conforming or the independent laboratory determines that the shipment of the Product is non-conforming, Nephron shall, at RevitaLid’s option, replace such non-conforming the Product as soon as practical in the next available manufacturing time slot from the date of determination by the third party of nonconformity or agreement by Nephron of such non-conformity. 7.2.2. In the event Nephron agrees, or the independent laboratory or consultant determines, that the Product is non-conforming due in whole or in part to the negligence or willful misconduct of Nephron, then to the extent such nonconformity results from the negligence or willful misconduct of Nephron, Nephron shall be responsible for the cost of the Production and delivery of the replacement Product.