definiens: shall mean a defect in the Product not discovered by [COMPANY] 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, [COMPANY] 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 non - conformity is received by ABI from [COMPANY] within 45 days of [COMPANY] 's receipt of said Shipment . [COMPANY] shall have the right to request that ABI provide to [COMPANY], within 30 days after such notice is received by it, Product that meet the Specifications and Applicable Laws or to promptly provide [COMPANY] with full credit for the Purchase Price paid by [COMPANY] for the returned Product . In the case of a hidden defect, [COMPANY] shall have the right to request that ABI provide to [COMPANY], within thirty ( 30 ) days after a notice concerning a hidden defect is received by [COMPANY], Product that · meets the Specifications and Applicable Laws or to promptly provide [COMPANY] with full credit for the Purchase Price paid by [COMPANY] for the returned Product . In either case, the cost of freight and handling to return or replace Product or shall be at the expense of ABI . If [COMPANY] 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 Products ) 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 [COMPANY] 's test results and the results of testing perfonned by ABI, such discrepancies shall be · finally resolved by testing perfonned by an independent Third Party mutually agreed upon by [COMPANY] and ABI . The costs of such testing shall be borne by the Party against whom the discrepancy is resolved . In the event Product have been previously returned to ABI and such independent Third Party detennines that the Product meets the Specifications, [COMPANY] shall be responsible for all costs associated with the return