Nonconforming Goods

Nonconforming Goods. Means any goods received by Nuwellis from KDI that: (a) do not conform to the product identifier(s) listed in the applicable Purchase Order; (b) do not fully conform to the Specifications; (c) on visual inspection, Nuwellis reasonably determines are otherwise Defective; or (d) exceed the quantity of Goods ordered by Nuwellis pursuant to this Agreement or any Purchase Order. Where the context requires, Nonconforming Goods are deemed to be Goods for purposes of this Agreement.

Nonconforming Goods. Any goods received by Pure Parties from ICC that: (a) do not conform to the product item number listed in the applicable Purchase Order / Picking Order; (b) were not manufactured by ICC to the Specifications; (c) are otherwise Defective due to the sole action of ICC; or (d) exceed the quantity of Goods ordered by Pure pursuant to this Agreement or any Purchase Order / Picking Order. Where the context requires, Nonconforming Goods are deemed to be Goods for purposes of this Agreement