Return of Product. Within thirty (30) days of delivery of Products, ev3 may reject any of such Products which in its good faith determination fail to meet the applicable Product Specifications in all material respects or which do not meet the product warranties contained herein or which are in damaged condition by sending MTI notice of the lot numbers of rejected Products, together with a description of the specific reason for rejection. ev3 shall, within forty-five (45) days of delivery, return to MTI, at MTI’s expense, any such rejected Products, which may be replaced by MTI within thirty (30) days of receipt. ev3 shall not be required to pay MTI for any Products which have been properly rejected in accordance with this Section 5.1 e. and which have not been replaced by MTI. Any Product not rejected by ev3 within the thirty (30) day period shall be deemed to have been accepted, provided that the warranties provided in Section 9 shall survive the acceptance of the Product by ev3. MTI shall perform a review of the Product returned by ev3 and shall use commercially reasonably efforts to implement necessary adjustments to the Product, if any are required, at the end of the next quarter.
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Return of Product. Within thirty (30) days of delivery of Products, ev3 may reject any of such Products which in its good faith determination fail to meet the applicable Product Specifications in all material respects or which do not meet the product warranties contained herein or which are in damaged condition by sending MTI notice of the lot numbers of rejected Products, together with a description of the specific reason for rejection. ev3 shall, within forty-five (45) days of delivery, return to MTI, at MTI’s expense, any such rejected Products, which may be replaced by MTI within thirty (30) days of receipt. ev3 shall not be required to pay MTI for any Products which have been properly rejected in accordance with this Section 5.1 e. 5.le. and which have not been replaced by MTI. Any Product not rejected by ev3 within the thirty (30) day period shall be deemed to have been accepted, provided that the warranties provided in Section 9 shall survive the acceptance of the Product by ev3. MTI shall perform a review of the Product returned by ev3 and shall use commercially reasonably efforts to implement necessary adjustments to the Product, if any are required, at the end of the next quarter.
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Return of Product. Within thirty (30) days of delivery of Products, ev3 may reject any of such Products which in its good faith determination fail to meet the applicable Product Specifications in all material respects or which do not meet the product warranties contained herein or which are in damaged condition by sending MTI notice of the lot numbers of rejected Products, together with a description of the specific reason for rejection. ev3 shall, within forty-five (45) days of delivery, return to MTI, at MTI’s expense, any such rejected Products, which may be replaced by MTI within thirty (30) days of receipt. ev3 shall not be required to pay MTI for any Products which have been properly rejected in accordance with this Section 5.1 e. 5.1e. and which have not been replaced by MTI. Any Product not rejected by ev3 within the thirty (30) day period shall be deemed to have been accepted, provided that the warranties provided in Section 9 shall survive the acceptance of the Product by ev3. MTI shall perform a review of the Product returned by ev3 and shall use commercially reasonably efforts to implement necessary adjustments to the Product, if any are required, at the end of the next quarter.
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