Common use of Colloral Clause in Contracts

Colloral. (a) Colloral shall be responsible to Futurebiotics, LLC for Losses incurred by Futurebiotics, LLC that, directly or indirectly, arise out of, result from or are in any way connected with harm caused by the Product as a result of its being unsafe or unstable, including, without limitation, due to undisclosed side effects or drug interactions, whether known or unknown, unless such harm results from any intentional or inadvertent adulteration of the Product after tender to the carrier for shipment, including, without limitation, as a result of inadequate or inappropriate shipping and/or storage. (b) All Product shipped to Futurebiotics, LLC shall be non-returnable. If Futurebiotics, LLC believes that any Product does not conform to Colloral’s standard quality requirements, Futurebiotics, LLC shall notify Colloral of such nonconformance and, upon Colloral’s request, provide written details and deliver a sample of such nonconforming Product to Colloral. Colloral shall promptly notify Futurebiotics, LLC as to whether Colloral agrees that such Product is nonconforming. If Colloral confirms that such Product is nonconforming, Colloral’s sole liability, and Futurebiotics, LLC’s sole and exclusive remedy, is the replacement of nonconforming Product with conforming Product. (c) EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, COLLORAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Colloral. (a) Colloral shall be responsible to Futurebiotics, LLC the Xxxxxxx Companies for Losses incurred by Futurebiotics, LLC the Xxxxxxx Companies that, directly or indirectly, arise out of, result from or are in any way connected with harm caused by the Product as a result of its being unsafe or unstable, including, without limitation, due to undisclosed side effects or drug interactions, whether known or unknown, unless such harm results from any intentional or inadvertent adulteration of the Product after tender to the carrier for shipment, including, without limitation, as a result of inadequate or inappropriate shipping and/or storage. (b) All Product shipped to Futurebiotics, LLC the Xxxxxxx Companies shall be non-returnable. If Futurebiotics, LLC any Xxxxxxx Company believes that any Product does not conform to Colloral’s standard quality requirements, Futurebiotics, LLC the Xxxxxxx Company shall notify Colloral of such nonconformance and, upon Colloral’s request, provide written details and deliver a sample of such nonconforming Product to Colloral. Colloral shall promptly notify Futurebiotics, LLC the applicable Xxxxxxx Company as to whether Colloral agrees that such Product is nonconforming. If Colloral confirms that such Product is nonconforming, Colloral’s sole liability, and Futurebiotics, LLCthe Xxxxxxx Company’s sole and exclusive remedy, is the replacement of nonconforming Product with conforming Product. (c) EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, COLLORAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

Colloral. (a) Colloral shall be responsible to Futurebiotics, LLC for Losses incurred by Futurebiotics, LLC that, directly or indirectly, arise out of, result from or are in any way connected with harm caused by the Product as a result of its being unsafe or unstable, including, without limitation, due to undisclosed side effects or drug interactions, whether known or unknown, unless such harm results from any intentional or inadvertent adulteration of the Product after tender to the carrier for shipment, including, without limitation, as a result of inadequate or inappropriate shipping and/or storage. (b) All Product shipped to Futurebiotics, LLC shall be non-returnable. If Futurebiotics, LLC believes that any Product does not conform to Colloral’s standard quality requirements, Futurebiotics, LLC shall notify Colloral of such nonconformance and, upon Colloral’s request, provide written details and deliver a sample of such nonconforming Product to Colloral. Colloral shall promptly notify Futurebiotics, LLC as to whether Colloral agrees that such Product is nonconforming. If Colloral confirms that such Product is nonconforming, Colloral’s sole liability, and Futurebiotics, LLC’s sole and exclusive remedy, is the replacement of nonconforming Product with conforming Product. (c) EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, COLLORAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.