definiens: shall mean a defect in the Product notdiscovered by BME during its testing of the Product in accordance with generallyaccepted industry testing procedures and which would not be a defect normallyexpected to be discovered in accordance with such testing . If testing of suchShipment shows a failure of the Shipment to meet the Specifications and / orApplicable Laws, BME may return the entire Shipment, or any portion thereof, toABI at ABI 's expense within a reasonable time following the above describedtesting, provided that notice of non - conformity is received by ABI from BMEwithin 45 days of BME 's receipt of said Shipment . BME shall have the right torequest that ABI provide to BME, within 30 days after such notice is received byit, Product that meets the Specifications and Applicable Laws or to promptlyprovide BME with full credit for the Purchase Price paid by BME for the returnedProduct . In the case of a hidden defect, BME shall have the right to requestthat ABI provide to BME, within thirty ( 30 ) days after a notice concerning ahidden defect is received by BME, Product that meets the Specifications andApplicable Laws or to promptly provide BME with full credit for the PurchasePrice paid by BME for the returned Product . In either case, the cost of freightand handling to return or replace Product or shall be at the expense of ABI . IfBME does not notify ABI of the non - conformity of the Product within 45 days ofreceipt 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 thisAgreement to the contrary, the Parties may agree to a return of the Product oran adjustment in the Purchase Price in the event of any failure or defect in theProduct . Should there be a discrepancy between BME 's test results and theresults of testing performed by ABI, such discrepancies shall be finallyresolved by testing performed by an independent Third Party mutually agreed uponby BME and ABI . The costs of such testing shall be borne by the Party againstwhom the discrepancy is resolved . In the event Product have been previouslyreturned to ABI and such independent Third Party determines that the Productmeets the Specifications, BME shall be responsible for all costs associated withthe return