Common use of Storage of Products Clause in Contracts

Storage of Products. During the Term of this Agreement, DKSH shall: keep all the Products properly stored. DKSH shall be entitled to organize the storage of the Products at its Premises and determine the manner and means by which such Products will be stored in such Premises in accordance with such storage techniques and systems as DKSH considers appropriate in conformity with the quality control guidelines, if any, provided by CMS for storage of the Products and Applicable Laws; in respect of the Products stored at the Premises for the time being, use reasonable efforts to safeguard the Products. Unless otherwise requested in writing by CMS, the Products will be stored at the appropriate conditions required by relevant authoritative instructions in storage items of the Product. DKSH shall not be required to store the Products at any other temperature or in any other storage conditions unless otherwise agreed in this Agreement or as required pursuant to the specification of the Products, or subsequently instructed by CMS, in writing, for compliance with quality control standards; Any increase in costs incurred by DKSH resulting from any change in storage conditions to comply with revised quality control standards specifically issued by the CMS shall be for the account of CMS. Notwithstanding, any increase in costs incurred by DKSH resulting from any change in storage conditions to comply with revised quality control standards issued by relevant governmental authorities or international codes shall be for the account of DKSH; where any Products delivered to DKSH’s Premises are contained or enclosed in any packing, not be required to break open, unpack or unwrap such packing when the same is delivered to the Premises and may proceed to store such packing at the Premises in the same condition it is received without being obliged to take any steps whatsoever to verify whether the contents of such packing correspond with any information or specification’s stated on the packing or ascertain the condition of the contents thereof; without prejudice to the generality of the foregoing Sub-Article, where any packing delivered to DKSH’s Premises purports to contain more than one unit of the Products, DKSH shall not, prior to storing such packing at such warehouse(s), be obliged to verify whether the number of Products stated to be contained in the packing tallies with the number actually therein; keep up-to-date inventory of the Products delivered to DKSH. DKSH will submit a report to CMS of any damage or defect of the Product within three (3) Business Days upon discovery. DKSH shall thereupon isolate and store all such damaged or defective Product separately from the Products in the Premises and hold the same for the CMS’s inspection; and CMS's duly authorized agents, during Business Hours and on at least seven (7) Business Days prior written notice, may enter onto any Premises where the Products are for the time being placed or kept, for the purpose of inspecting and examining the condition of the Products and DKSH’s inventory records relating to the Products.