definiens: shall mean a defect in the Product not discovered by GKI during its testing of the Product in accordance with generally accepted industry testing procedures and which would not be a defect nonnally expected to be discovered in accordance with such testing . If testing of such Shipment shows a failure of the Shipment to meet the Specifications and/or Applicable Laws, GKI may return the entire Shipment, or any portion thereof, to ABI at ABI 's expense within a reasonable time following the above described testing, provided that notice of 110n - confom1ity is received by ABI from GKI within 45 days of GKI 's receipt of said Shipment . GKI shall have the right to request that AB ! provide to GKI, within 30 days after such notice is received by it, Product that meets the Specifications and Applicable Laws or to promptly provide GKI with full credit for the Purchase Price paid by GKI for the returned Product . In the case of a hidden defect, GKI shall have the right to request that ABI provide to GKI, within thirty ( 30 ) days after a notice concerning a hidden defect is received by GKI, Product that meets the Specifications and Applicable Laws or to promptly provide GKI with full credit for the Purchase Price paid by GKI for the returned Product . In either case, the cost of freight and handling to retum or replace Product or shall be at the expense of AB ! . If GKI does not notify ABI of the non - conformity of the Product within 45 days of receipt of said Shipment, the Product shall be deemed to meet the Specifications ( including those related to packaging of the Product ) and Applicable Laws, except with respect to hidden defects . Notwithstanding anything in this Agreement to the contrary, the Parties may agree to a return of the Product or an adjustment in the Purchase Price in the event of any failure or defect in the Product . Should there be a discrepancy between GKI 's test results and the results of testing performed by ABI, such discrepancies shall be finally resolved by testing perforn1ed by an independent Third Party mutually agreed upon by GKI and ABL The costs of 25 such testing shall be bome by the Party against whom the discrepancy is resolved . In the event Product have been previously retumed to ABI and such independent Third Party determines that the Product meets the Specifications, GKI shall be responsible for all costs associated with the retum