1.8.4 Payment. The Parties hereto agree that Purchaser shall pay the invoices issued by Charles River within thirty 30)days, from delivery date ,by wire transfer made to the account of Charles River whose bank information shall be listed on each invoice. All late payments shall bear an interest rate, compounded monthly, at the higher of (i) 1.5% per month (18% per an annum) or (ii)the default interest rate permitted by applicable law on the outstanding amount payable to Charles River.
1.9 The Purchaser hereto agrees (1) that they will not reproduce from the chickens derived from the Products and that all eggs for new SPF production flocks for this facility must be purchased from Charles River; and (2)they will euthanize all flocks at the end of the sixty(60)week cycle of production or as otherwise approved by Charles River so that Purchaser shall purchase new Products from Charles River for production.
1.10 Charles River warranties an 85% fertility of the Products, only if the Products are being set within incubator within two days of arrival in China.
1.11 Charles River warranties that the eggs were produced by parent flocks that conform to European Pharmacopea standards (Attachment A) Charles River does not warrant that the SPF flock derived from the Products will maintain SPF flock derived from the Products will maintain SPF status once placed into Purchaser’s production houses.
1.12 Charles River will provide a one-time audit of the facility and its processes during the first year of this contract, if so required y the Purchaser.
1.13 Charles River will provide general busbandry information, specific feed formulation, lighting schedule, breeding and growing instructions, body weight standards and applicable performance standards, all of such information provided by Charles River under this Section 1.13 shall be considered Confidential Information under Section 4.1. Charles River does not make any representations or warranties regarding any of the information provide under this Section 1.13.
Representations and Warranties; limits on Liability and Indemnification.
2.1 Charles River warrants that all Products delivered to Purchaser shall be manufactured in compliance with the specifications Attachment A.
2.2 Where there is any breach of Charles River’s warranties or obligations under this Agreement, Charles River shall, at its potion and as the sole remedy hereunder:
2.2.1 supply replacement Products that conform to this Agreement, or
2.2.2 issue a credit to Purchaser therefore.