Customs Regulations. 12.1 For Products imported into the United States and Mexico, Seller shall comply with all applicable recommendations or requirements of the United States Customs and Border Protection’s (“U.S. Customs”), including but not limited to the Customs-Trade Partnership Against Terrorism ("C-TPAT") initiative (for additional information on C-TPAT go to xxxx://xxx.xxx.xxx/ and find the link to the C-TPAT section). At Buyer’s or U.S. Customs’ request, Seller shall certify in writing its compliance with C-TPAT and with all other applicable U.S. Customs laws and regulations. Seller shall provide Buyer and U.S. Customs access to Seller’s facilities for the purpose of auditing Seller’s compliance with the foregoing. If the Products are transported via ocean carrier into the United States, Seller must also comply with U.S. Customs’ Importer Security Filing (“ISF”) and provide the necessary data to the freight forwarder selected by Xxxxx who will act as Xxxxx’s agent for filing of the ISF. Seller shall cause all data required for the ISF to be in the freight forwarder’s possession not later than twenty-four (24) hours before the Products are loaded onto the ocean carrier or such earlier time as the freight forwarder may require. Neither Buyer nor its agents shall be responsible for modifying ISFs after the Products are loaded onto the ship. Any Products which receive any U.S. Customs response other than “accepted” shall be deemed to be rejected by Buyer. Without limiting the foregoing, Supplier shall comply with all chemical import requirements under the U.S. Toxic Substances Control Act (“TSCA”). 12.2 Seller shall comply with all applicable recommendations or requirements of the Canada Customs and Revenue Agency, including but not limited to the laws, regulations and other requirements of the Agency’s initiative Partner’s in Protection (for informationgotohtp://xxx.xxxxxxx.xx.xx/xxxxxxx/xxxxxxx/xxxxxxx ent/partners/menu-e.html). At Buyer’s or the Canadian Customs and Revenue Agency’s request, Seller shall certify in writing its compliance with the foregoing. For Products imported into Canada, Seller shall comply with all applicable recommendations or requirements of the Canada Border Services Agency (the “CBSA”), including but not limited to the laws, regulations and other requirements of the Agency (for additional information please go to xxxxx://xxx.xxxx-xxxx.xx.xx/publications/cn- ad/menu-eng.html. At Buyer’s or the CBSA’s request, Seller shall certify in writing its compliance with the foregoing. 12.3 Seller shall comply with all applicable laws and regulations relating to the export and import of the Products under the Order. Seller shall obtain all export licenses or authorizations necessary for the export of Products, unless otherwise set forth in the Order, in which case Seller shall promptly provide to Buyer all information necessary to enable Buyer to obtain the licenses or authorizations. Seller shall promptly notify Buyer in writing of any material or components incorporated in the Products that Seller purchases in a country other than the country in which the Products are delivered. Seller shall provide Buyer: (i) for Products that originate in the U.S., the U.S. Export Control Classification Number (“ECCN”) and U.S. HTS Number or Schedule B; and/or
Appears in 1 contract
Customs Regulations. 12.1 For Products Supplies imported into the United States and MexicoStates, Seller shall comply with all applicable recommendations or requirements of the United States Bureau of Customs and Border Protection’s 's (“U.S. Customs”), including but not limited to the Customs-Trade Partnership Against Terrorism ("C-C- TPAT") initiative (for additional information on C-TPAT go to xxxx://xxx.xxx.xxx/ and find the link to the C-TPAT CTPAT section). At Buyer’s 's or U.S. Customs’ request, Seller shall certify in writing its compliance with C-TPAT and with all other applicable U.S. Customs laws and regulations. Seller shall provide both Buyer and U.S. Customs access to Seller’s 's facilities for the purpose of auditing Seller’s 's compliance with the foregoing. If the Products Supplies are transported via ocean carrier into the United States, Seller must also comply with U.S. Customs’ Importer Security Filing (“ISF”) and provide the necessary data to the freight forwarder selected by Xxxxx who will act as Xxxxx’s agent for filing of the ISF. Seller shall cause all data required for the ISF to be in the freight forwarder’s possession not later than twenty-twenty four (24) hours before the Products Supplies are loaded onto the ocean carrier or such earlier time as the freight forwarder may require. Neither Buyer nor its agents shall be responsible for modifying ISFs after the Products Supplies are loaded onto the ship. Any Products On and after January 1, 2010, any Supplies which receive any U.S. Customs response other than “accepted” shall be deemed to be rejected by Buyer. Without limiting the foregoing, Supplier shall comply with all chemical import requirements under the U.S. Toxic Substances Control Act (“TSCA”).
12.2 Seller shall comply with all applicable recommendations or requirements of the Canada Customs and Revenue Agency, including but not limited to the laws, regulations and other requirements of the Agency’s initiative Partner’s in Protection (for informationgotohtp://xxx.xxxxxxx.xx.xx/xxxxxxx/xxxxxxx/xxxxxxx ent/partners/menu-e.html). At Buyer’s or the Canadian Customs and Revenue Agency’s request, Seller shall certify in writing its compliance with the foregoing. For Products imported into Canada, Seller shall comply with all applicable recommendations or requirements of the Canada Border Services Agency (the “CBSA”), including but not limited to the laws, regulations and other requirements of the Agency (for additional information please go to xxxxx://xxx.xxxx-xxxx.xx.xx/publications/cn- ad/menu-eng.html. At Buyer’s or the CBSA’s request, Seller shall certify in writing its compliance with the foregoing.
12.3 Seller shall comply with all applicable laws and regulations relating to the export and import of the Products under the Order. Seller shall obtain all export licenses or authorizations necessary for the export of ProductsSupplies, unless otherwise set forth in the Order, in which case Seller shall promptly provide to Buyer all information necessary to enable Buyer to obtain the licenses or authorizations. Seller shall promptly notify Buyer in writing of any material or components incorporated in the Products Supplies that Seller purchases in a country other than the country in which the Products Supplies are delivered. Seller shall provide Buyer: (i) for Products that originate furnish any and all documentation and information necessary to establish the country of origin or to comply with the applicable country’s rules of origin requirements. Seller shall promptly advise Buyer of any material or components imported into the country of origin and any duty included in the U.S.Supplies’ purchase price. If Supplies are manufactured in a country other than the country in which Supplies are delivered, Seller shall mark Supplies “Made in [country of origin].” Seller shall provide to Buyer and the appropriate governmental agency the documentation necessary to determine the admissibility and the effect of entry of Supplies into the country in which Supplies are delivered. Seller warrants that any information that is supplied to Buyer about the import or export of Supplies is true and that all sales covered by the Order shall be made at not less than fair value under the anti-dumping laws of the countries to which the Supplies are exported.
12.3 Supplies and the containers into which they are placed for shipment shall be marked in accordance with all U.S. Export Control Classification Number laws including but not limited to 19 CFR §134 (“ECCN”as amended from time to time). Scientific and laboratory instruments shall be legibly and conspicuously marked by die-stamping, case-in-the-mold lettering, acid or electrolytic etching, engraving, or by means of metal plates securely attached to the Supplies in a conspicuous place by welding, screws, or rivets. If the Supplies cannot be marked as specified above, any method of legible and conspicuous marking is acceptable provided it is calculated to, and does, requires a deliberate and persistent effort to remove such marks of origin. Seller shall also be responsible for compliance with additional regulations and guidelines regarding supply chain security published by US Customs, and any other government or agency, including the Security and Accountability for Every Port Act of 2006.
12.4 All credits or benefits resulting from the Order, including trade credits, export credits or the refund of duties, taxes or fees, belong solely to Buyer. Seller shall promptly provide all information and certificates (including NAFTA Certificates of Origin) necessary to permit Buyer to receive the full amount of such benefits or credits. Seller agrees to fulfill all customs- or NAFTA-related obligations, origin marking or labeling requirements, and U.S. HTS Number local content origin requirements.
12.5 Seller shall indemnify and hold Buyer harmless from and against any liability, claims demands or Schedule B; and/orexpenses (including attorney's fees or other professional fees) arising from or relating to Seller's noncompliance with this Section. Seller shall be responsible for the full costs of any delay in delivery of the Supplies caused by its failure to comply with the requirements of this Section 12, including but not limited to missing, incomplete, untimely or inaccurate data being furnished to Buyer, Buyer’s agents or any governmental authority.
Appears in 1 contract
Customs Regulations. 12.1 For Products Supplies imported into the United States and Mexico, Seller shall comply with all applicable recommendations or requirements of the United States Bureau of Customs and Border Protection’s 's (“U.S. Customs”), including but not limited to the Customs-Trade Partnership Against Terrorism ("C-TPAT") initiative (for additional information on C-TPAT go to xxxx://xxx.xxx.xxx/ and find the link to the C-TPAT section). At Buyer’s 's or U.S. Customs’ request, Seller shall certify in writing its compliance with C-TPAT and with all other applicable U.S. Customs laws and regulations. Seller shall provide both Buyer and U.S. Customs access to Seller’s 's facilities for the purpose of auditing Seller’s 's compliance with the foregoing. If the Products Supplies are transported via ocean carrier into the United States, Seller must also comply with U.S. Customs’ Importer Security Filing (“ISF”) and provide the necessary data to the freight forwarder selected by Xxxxx Buyer who will act as Xxxxx’s agent for filing of the ISF. Seller shall cause all data required for the ISF to be in the freight forwarder’s possession not later than twenty-twenty four (24) hours before the Products Supplies are loaded onto the ocean carrier or such earlier time as the freight forwarder may require. Neither Buyer nor its agents shall be responsible for modifying ISFs after the Products Supplies are loaded onto the ship. Any Products On and after January 1, 2010, any Supplies which receive any U.S. Customs response other than “accepted” shall be deemed to be rejected by Buyer. Without limiting the foregoing, Supplier shall comply with all chemical import requirements under the U.S. Toxic Substances Control Act (“TSCA”).
12.2 For Supplies imported into Canada, Seller shall comply with all applicable recommendations or requirements of the Canada Customs and Revenue Agency, including but not limited to the laws, regulations and other requirements of the Agency’s 's initiative Partner’s 's in Protection (for informationgotohtp://xxx.xxxxxxx.xx.xx/xxxxxxx/xxxxxxx/xxxxxxx ent/partners/menu-e.htmlinformation go to xxxx://xxx.xxx- xxxx.xx.xx/xxxxxxx/xxxxxxx/xxxxxxxxxx/xxxxxxxx/xxxx-x.xxxx). At Buyer’s 's or the Canadian Customs and Revenue Agency’s request, Seller shall certify in writing its compliance with the foregoing. For Products imported into Canada, Seller shall comply with all applicable recommendations or requirements of the Canada Border Services Agency (the “CBSA”), including but not limited to the laws, regulations and other requirements of the Agency (for additional information please go to xxxxx://xxx.xxxx-xxxx.xx.xx/publications/cn- ad/menu-eng.html. At Buyer’s or the CBSA’s 's request, Seller shall certify in writing its compliance with the foregoing.
12.3 Seller shall comply with all applicable laws and regulations relating to the export and import of the Products under the Order. Seller shall obtain all export licenses or authorizations necessary for the export of ProductsSupplies, unless otherwise set forth in the Order, in which case Seller shall promptly provide to Buyer all information necessary to enable Buyer to obtain the licenses or authorizations. Seller shall promptly notify Buyer in writing of any material or components incorporated in the Products Supplies that Seller purchases in a country other than the country in which the Products Supplies are delivered. Seller shall provide Buyer: (i) for Products that originate furnish any and all documentation and information necessary to establish the country of origin or to comply with the applicable country’s rules of origin requirements. Seller shall promptly advise Buyer of any material or components imported into the country of origin and any duty included in the U.S.Supplies’ purchase price. If Supplies are manufactured in a country other than the country in which Supplies are delivered, Seller shall mark Supplies “Made in [country of origin].” Seller shall provide to Buyer and the appropriate governmental agency the documentation necessary to determine the admissibility and the effect of entry of Supplies into the country in which Supplies are delivered. Seller warrants that any information that is supplied to Buyer about the import or export of Supplies is true and that all sales covered by the Order shall be made at not less than fair value under the anti-dumping laws of the countries to which the Supplies are exported.
12.4 Supplies and the containers into which they are placed for shipment shall be marked in accordance with all U.S. laws including but not limited to 19 CFR §134 (as amended from time to time). Scientific and laboratory instruments shall be legibly and conspicuously marked by die-stamping, case-in-the-mold lettering, acid or electrolytic etching, engraving, or by means of metal plates securely attached to the Supplies in a conspicuous place by welding, screws, or rivets. If the Supplies cannot be marked as specified above, any method of legible and conspicuous marking is acceptable provided it is calculated to, and does, requires a deliberate and persistent effort to remove such marks of origin. Seller shall also be responsible for compliance with additional regulations and guidelines regarding supply chain security published by US Customs, the U.S. Export Control Classification Number Canada Customs and Revenue Agency, and any other government or agency, including the Security and Accountability for Every Port Act of 2006.
12.5 All credits or benefits resulting from the Order, including trade credits, export credits or the refund of duties, taxes or fees, belong solely to Buyer. Seller shall promptly provide all information and certificates (“ECCN”including NAFTA Certificates of Origin) necessary to permit Buyer to receive the full amount of such benefits or credits. Seller agrees to fulfill all customs- or NAFTA-related obligations, origin marking or labeling requirements, and U.S. HTS Number local content origin requirements.
12.6 Seller shall indemnify and hold Buyer harmless from and against any liability, claims demands or Schedule B; and/orexpenses (including attorney's fees or other professional fees) arising from or relating to Seller's noncompliance with this Section. Seller shall be responsible for the full costs of any delay in delivery of the Supplies caused by its failure to comply with the requirements of this Section 12, including but not limited to missing, incomplete, untimely or inaccurate data being furnished to Buyer, Buyer’s agents or any governmental authority.
Appears in 1 contract
Customs Regulations. 12.1 For Products Supplies imported into the United States and Mexico, Seller shall comply with all applicable recommendations or requirements of the United States Bureau of Customs and Border Protection’s (“U.S. Customs”), including but not limited to the Customs-Trade Partnership Against Terrorism ("C-TPAT") initiative (for additional information on C-TPAT go to xxxx://xxx.xxx.xxx/ and find the link to the C-TPAT section). At Buyer’s or U.S. Customs’ request, Seller shall certify in writing its compliance with C-TPAT and with all other applicable U.S. Customs laws and regulations. Seller shall provide both Buyer and U.S. Customs access to Seller’s facilities for the purpose of auditing Seller’s compliance with the foregoing. If the Products Supplies are transported via ocean carrier into the United States, Seller must also comply with U.S. Customs’ Importer Security Filing (“ISF”) and provide the necessary data to the freight forwarder selected by Xxxxx Buyer who will act as Xxxxx’s agent for filing of the ISF. Seller shall cause all data required for the ISF to be in the freight forwarder’s possession not later than twenty-twenty four (24) hours before the Products Supplies are loaded onto the ocean carrier or such earlier time as the freight forwarder may require. Neither Buyer nor its agents shall be responsible for modifying ISFs after the Products Supplies are loaded onto the ship. Any Products On and after January 1, 2010, any Supplies which receive any U.S. Customs response other than “accepted” shall be deemed to be rejected by Buyer. Without limiting the foregoing, Supplier shall comply with all chemical import requirements under the U.S. Toxic Substances Control Act (“TSCA”).
12.2 For Supplies imported into Canada, Seller shall comply with all applicable recommendations or requirements of the Canada Customs and Revenue Agency, including but not limited to the laws, regulations and other requirements of the Agency’s initiative Partner’s in Protection (for informationgotohtp://xxx.xxxxxxx.xx.xx/xxxxxxx/xxxxxxx/xxxxxxx entinformation go to xxxx://xxx.xxxxxxx.xx.xx/customs/general/enforement/partne rs/partners/menu-e.htmlm enu-e.html). At Buyer’s or the Canadian Customs and Revenue Agency’s request, Seller shall certify in writing its compliance with the foregoing. For Products imported into Canada, Seller shall comply with all applicable recommendations or requirements of the Canada Border Services Agency (the “CBSA”), including but not limited to the laws, regulations and other requirements of the Agency (for additional information please go to xxxxx://xxx.xxxx-xxxx.xx.xx/publications/cn- ad/menu-eng.html. At Buyer’s or the CBSA’s request, Seller shall certify in writing its compliance with the foregoing.
12.3 Seller shall comply with all applicable laws and regulations relating to the export and import of the Products Supplies under the Order. Seller shall obtain all export licenses or authorizations necessary for the export of ProductsSupplies, unless otherwise set forth in the Order, in which case Seller shall promptly provide to Buyer all information necessary to enable Buyer to obtain the licenses or authorizations. Seller shall promptly notify Buyer in writing of any material or components incorporated in the Products Supplies that Seller purchases in a country other than the country in which the Products Supplies are delivered. Seller shall provide Buyer: (i) for Products Supplies that originate in the U.S., the U.S. Export Control Classification Number (“ECCN”) and U.S. HTS Number or Schedule B; and/orand/or (ii) for Supplies that originate outside of the U.S., the HTS Number and dual use designation. Seller shall furnish any and all documentation and information necessary to establish the country of origin or to comply with the applicable country’s rules of origin requirements. Seller shall promptly advise Buyer of any material or components imported into the country of origin and any duty included in the Supplies’ purchase price. If Supplies are manufactured in a country other than the country in which Supplies are delivered, Seller shall mark Supplies “Made in [country of origin]”. Seller shall provide to Buyer and the appropriate governmental agency the documentation necessary to determine the admissibility and the effect of entry of Supplies into the country in which Supplies are delivered. Seller warrants that any information that is supplied to Buyer about the import or export of Supplies is true and that all sales covered by the Order shall be made at not less than fair value under the anti-dumping laws of the countries to which the Supplies are exported.
12.4 Supplies and the containers into which they are placed for shipment shall be marked in accordance with all U.S. laws including but not limited to 19 CFR §134 (as amended from time to time). Scientific and laboratory instruments shall be legibly and conspicuously marked in accordance with U.S. laws. Seller shall also be responsible for compliance with additional regulations and guidelines regarding supply chain security published by US Customs, the Canada Customs and Revenue Agency, and any other government or agency, including the Security and Accountability for Every Port Act of 2006.
12.5 All credits or benefits resulting from the Order, including trade credits, export credits or the refund of duties, taxes or fees, belong solely to Buyer. Seller shall promptly provide all information and certificates (including NAFTA Certificates of Origin) necessary to permit Buyer to receive the full amount of such benefits or credits. Seller agrees to fulfill all customs- or NAFTA-related obligations, origin marking or labeling requirements, and local content origin requirements.
12.6 Seller shall indemnify and hold Buyer harmless from and against any liability, claims demands or expenses (including attorney’s fees or other professional fees) arising from or relating to Seller’s noncompliance with this Section. Seller shall be responsible for the full costs of any delay in delivery of the Supplies caused by its failure to comply with the requirements of this Section 12, including but not limited to missing, incomplete, untimely or inaccurate data being furnished to Buyer, Xxxxx’s agents or any governmental authority.
Appears in 1 contract
Customs Regulations. 12.1 For Products Supplies imported into the United States and MexicoStates, Seller shall comply with all applicable recommendations or requirements of the United States Bureau of Customs and Border Protection’s 's (“U.S. Customs”), including but not limited to the Customs-Trade Partnership Against Terrorism ("'C-TPAT"') initiative (for additional information on C-TPAT go to xxxx://xxx.xxx.xxx/ and find the link to the C-C- TPAT section). At Buyer’s 's or U.S. Customs’ request, Seller shall certify in writing its compliance with C-TPAT and with all other applicable U.S. Customs laws and regulations. Seller shall provide both Buyer and U.S. Customs access to Seller’s 's facilities for the purpose of auditing Seller’s 's compliance with the foregoing. If the Products Supplies are transported via ocean carrier into the United States, Seller must also comply with U.S. Customs’ Importer Security Filing (“ISF”) and provide the necessary data to the freight forwarder selected by Xxxxx Buyer who will act as Xxxxx’s agent for filing of the ISF. Seller shall cause all data required for the ISF to be in the freight forwarder’s possession not later than twenty-twenty- four (24) hours before the Products Supplies are loaded onto the ocean carrier or such earlier time as the freight forwarder may require. Neither Buyer nor its agents shall be responsible for modifying ISFs after the Products Supplies are loaded onto the ship. Any Products On and after January 1, 2010, any Supplies which receive any U.S. Customs response other than “accepted” shall be deemed to be rejected by Buyer. Without limiting the foregoing, Supplier shall comply with all chemical import requirements under the U.S. Toxic Substances Control Act (“TSCA”).
12.2 Seller shall comply with all applicable recommendations or requirements of the Canada Customs and Revenue Agency, including but not limited to the laws, regulations and other requirements of the Agency’s initiative Partner’s in Protection (for informationgotohtp://xxx.xxxxxxx.xx.xx/xxxxxxx/xxxxxxx/xxxxxxx ent/partners/menu-e.html). At Buyer’s or the Canadian Customs and Revenue Agency’s request, Seller shall certify in writing its compliance with the foregoing. For Products imported into Canada, Seller shall comply with all applicable recommendations or requirements of the Canada Border Services Agency (the “CBSA”), including but not limited to the laws, regulations and other requirements of the Agency (for additional information please go to xxxxx://xxx.xxxx-xxxx.xx.xx/publications/cn- ad/menu-eng.html. At Buyer’s or the CBSA’s request, Seller shall certify in writing its compliance with the foregoing.
12.3 Seller shall comply with all applicable laws and regulations relating to the export and import of the Products under the Order. Seller shall obtain all export licenses or authorizations necessary for the export of ProductsSupplies, unless otherwise set forth in the Order, in which case Seller shall promptly provide to Buyer all information necessary to enable Buyer to obtain the licenses or authorizations. Seller shall promptly notify Buyer in writing of any material or components incorporated in the Products Supplies that Seller purchases in a country other than the country in which the Products Supplies are delivered. Seller shall provide Buyer: (i) for Products that originate furnish any and all documentation and information necessary to establish the country of origin or to comply with the applicable country’s rules of origin requirements. Seller shall promptly advise Buyer of any material or components imported into the country of origin and any duty included in the U.S.Supplies’ purchase price. If Supplies are manufactured in a country other than the country in which Supplies are delivered, Seller shall mark Supplies “Made in [country of origin].” Seller shall provide to Buyer and the appropriate governmental agency the documentation necessary to determine the admissibility and the effect of entry of Supplies into the country in which Supplies are delivered. Seller warrants that any information that is supplied to Buyer about the import or export of Supplies is true and that all sales covered by the Order shall be made at not less than fair value under the anti-dumping laws of the countries to which the Supplies are exported.
12.3 Supplies and the containers into which they are placed for shipment shall be marked in accordance with all U.S. Export Control Classification Number laws including but not limited to 19 CFR §134 (“ECCN”as amended from time to time). Scientific and laboratory instruments shall be legibly and conspicuously marked by die-stamping, case-in-the-mold lettering, acid or electrolytic etching, engraving, or by means of metal plates securely attached to the Supplies in a conspicuous place by welding, screws, or rivets. If the Supplies cannot be marked as specified above, any method of legible and conspicuous marking is acceptable provided it is calculated to, and does, requires a deliberate and persistent effort to remove such marks of origin. Seller shall also be responsible for compliance with additional regulations and guidelines regarding supply chain security published by US Customs, and any other government or agency, including the Security and Accountability for Every Port Act of 2006.
12.4 All credits or benefits resulting from the Order, including trade credits, export credits or the refund of duties, taxes or fees, belong solely to Buyer. Seller shall promptly provide all information and certificates (including NAFTA Certificates of Origin) necessary to permit Buyer to receive the full amount of such benefits or credits. Seller agrees to fulfill all customs- or NAFTA-related obligations, origin marking or labeling requirements, and U.S. HTS Number local content origin requirements.
12.5 Seller shall indemnify and hold Buyer harmless from and against any liability, claims demand or Schedule B; and/orexpenses (including attorney's fees or other professional fees) arising from or relating to Seller's noncompliance with this Section. Seller shall be responsible for the full costs of any delay in delivery of the Supplies caused by its failure to comply with the requirements of this Section 12, including but not limited to missing, incomplete, untimely or inaccurate data being furnished to Buyer, Buyer’s agents or any governmental authority.
Appears in 1 contract
Customs Regulations. 12.1 8.1 For Products Goods and Services imported into the United States and MexicoStates, Seller shall comply with all applicable recommendations or requirements of the United States Bureau of Customs and Border Protection’s (“U.S. Customs”), including but not limited to the Customs-Trade Partnership Against Terrorism ("C-TPAT") initiative (for additional information on C-TPAT go to xxxx://xxx.xxx.xxx/ and find the link to the C-TPAT section). At Buyer’s or U.S. Customs’ request, Seller shall certify in writing its compliance with C-TPAT and with all other applicable U.S. Customs laws and regulations. Seller shall provide both Buyer and U.S. Customs access to Seller’s facilities for the purpose of auditing Seller’s compliance with the foregoing. If the Products Goods and Services are transported via ocean carrier into the United States, Seller must also comply with U.S. Customs’ Importer Security Filing (“ISF”) and provide the necessary data to the freight forwarder selected by Xxxxx who will act as Xxxxx’s agent for filing of the ISF. Seller shall cause all data required for the ISF to be in the freight forwarder’s possession not later than twenty-four (24) hours before the Products Goods and Services are loaded onto the ocean carrier or at such earlier time as the freight forwarder may require. Neither Buyer nor its agents shall be responsible for modifying ISFs after the Products Goods and Services are loaded onto the ship. Any Products Goods and Services which receive any U.S. Customs response other than “accepted” shall be deemed to be rejected by BuyerXxxxx. Without limiting the foregoing, Supplier shall comply with all chemical import requirements under the U.S. Toxic Substances Control Act (“TSCA”).
12.2 Seller shall comply with all applicable recommendations or requirements of the Canada Customs and Revenue Agency, including but not limited to the laws, regulations and other requirements of the Agency’s initiative Partner’s in Protection (for informationgotohtp://xxx.xxxxxxx.xx.xx/xxxxxxx/xxxxxxx/xxxxxxx ent/partners/menu-e.html). At Buyer’s or the Canadian Customs and Revenue Agency’s request, Seller shall certify in writing its compliance with the foregoing. For Products imported into Canada, Seller shall comply with all applicable recommendations or requirements of the Canada Border Services Agency (the “CBSA”), including but not limited to the laws, regulations and other requirements of the Agency (for additional information please go to xxxxx://xxx.xxxx-xxxx.xx.xx/publications/cn- ad/menu-eng.html. At Buyer’s or the CBSA’s request, Seller shall certify in writing its compliance with the foregoing.
12.3 8.2 Seller shall comply with all applicable laws and regulations relating to the export and import of the Products Goods and Services under the Order. Seller shall obtain all export licenses or authorizations necessary for the export of ProductsGoods and Services, unless otherwise set forth in the Order, in which case Seller shall promptly provide to Buyer all information necessary to enable Buyer to obtain the licenses or authorizations. Seller shall promptly notify Buyer in writing of any material or components incorporated in the Products Goods and Services that Seller purchases in a country other than the country in which the Products Goods and Services are delivered. Seller shall provide Buyer: (i) for Products Goods and Services that originate in the U.S., the U.S. Export Control Classification Number (“ECCN”) and U.S. HTS Number or Schedule B; and/orand/or (ii) for Goods and Services that originate outside of the U.S., the HTS
8.3 Goods and Services and the containers into which they are placed for shipment shall be marked in accordance with all U.S. laws including but not limited to 19 CFR §134 (as amended from time to time). Scientific and laboratory instruments shall be legibly and conspicuously marked in accordance with U.S. laws. Seller shall also be responsible for compliance with additional regulations and guidelines regarding supply chain security published by US Customs and any other government or agency, including the Security and Accountability for Every Port Act of 2006.
8.4 All credits or benefits resulting from the Order, including trade credits, export credits or the refund of duties, taxes or fees, belong solely to Buyer. Seller shall promptly provide all information and certificates (including USMCA Certificates of Origin) necessary to permit Buyer to receive the full amount of such benefits or credits. Seller agrees to fulfill all customs- or USMCA-related obligations, origin marking or labeling requirements, and local content origin requirements.
8.5 Seller shall indemnify and hold Buyer harmless from and against any liability, claims demands or expenses (including attorney’s fees or other professional fees) arising from or relating to Seller’s noncompliance with this Section. Seller shall be responsible for the full costs of any delay in delivery of the Goods and Services caused by its failure to comply with the requirements of this Section 8, including but not limited to missing, incomplete, untimely or inaccurate data being furnished to Buyer, Buyer’s agents or any governmental authority.
Appears in 1 contract
Samples: Terms and Conditions
Customs Regulations. 12.1 For Products Supplies imported into the United States and Mexico, Seller shall comply with all applicable recommendations or requirements of the United States Bureau of Customs and Border Protection’s 's (“U.S. Customs”), including but not limited to the Customs-Trade Partnership Against Terrorism ("C-TPAT") initiative (for additional information on C-TPAT go to xxxx://xxx.xxx.xxx/ and find the link to the C-TPAT section). At Buyer’s 's or U.S. Customs’ request, Seller shall certify in writing its compliance with C-TPAT and with all other applicable U.S. Customs laws and regulations. Seller shall provide both Buyer and U.S. Customs access to Seller’s 's facilities for the purpose of auditing Seller’s 's compliance with the foregoing. If the Products Supplies are transported via ocean carrier into the United States, Seller must also comply with U.S. Customs’ Importer Security Filing (“ISF”) and provide the necessary data to the freight forwarder selected by Xxxxx Buyer who will act as Xxxxx’s agent for filing of the ISF. Seller shall cause all data required for the ISF to be in the freight forwarder’s possession not later than twenty-twenty four (24) hours before the Products Supplies are loaded onto the ocean carrier or such earlier time as the freight forwarder may require. Neither Buyer nor its agents shall be responsible for modifying ISFs after the Products Supplies are loaded onto the ship. Any Products On and after January 1, 2010, any Supplies which receive any U.S. Customs response other than “accepted” shall be deemed to be rejected by Buyer. Without limiting the foregoing, Supplier shall comply with all chemical import requirements under the U.S. Toxic Substances Control Act (“TSCA”).
12.2 For Supplies imported into Canada, Seller shall comply with all applicable recommendations or requirements of the Canada Customs and Revenue Agency, including but not limited to the laws, regulations and other requirements of the Agency’s 's initiative Partner’s 's in Protection (for informationgotohtp://xxx.xxxxxxx.xx.xx/xxxxxxx/xxxxxxx/xxxxxxx ent/partners/menu-e.htmlinformation go to xxxx://xxx.xxxxxxx.xx.xx/customs/general/enforement/partners/m enu-e.html). At Buyer’s 's or the Canadian Customs and Revenue Agency’s request, Seller shall certify in writing its compliance with the foregoing. For Products imported into Canada, Seller shall comply with all applicable recommendations or requirements of the Canada Border Services Agency (the “CBSA”), including but not limited to the laws, regulations and other requirements of the Agency (for additional information please go to xxxxx://xxx.xxxx-xxxx.xx.xx/publications/cn- ad/menu-eng.html. At Buyer’s or the CBSA’s 's request, Seller shall certify in writing its compliance with the foregoing.
12.3 Seller shall comply with all applicable laws and regulations relating to the export and import of the Products under the Order. Seller shall obtain all export licenses or authorizations necessary for the export of ProductsSupplies, unless otherwise set forth in the Order, in which case Seller shall promptly provide to Buyer all information necessary to enable Buyer to obtain the licenses or authorizations. Seller shall promptly notify Buyer in writing of any material or components incorporated in the Products Supplies that Seller purchases in a country other than the country in which the Products Supplies are delivered. Seller shall provide Buyer: (i) for Products that originate furnish any and all documentation and information necessary to establish the country of origin or to comply with the applicable country’s rules of origin requirements. Seller shall promptly advise Buyer of any material or components imported into the country of origin and any duty included in the U.S.Supplies’ purchase price. If Supplies are manufactured in a country other than the country in which Supplies are delivered, Seller shall mark Supplies “Made in [country of origin].” Seller shall provide to Buyer and the appropriate governmental agency the documentation necessary to determine the admissibility and the effect of entry of Supplies into the country in which Supplies are delivered. Seller warrants that any information that is supplied to Buyer about the import or export of Supplies is true and that all sales covered by the Order shall be made at not less than fair value under the anti-dumping laws of the countries to which the Supplies are exported.
12.4 Supplies and the containers into which they are placed for shipment shall be marked in accordance with all U.S. laws including but not limited to 19 CFR §134 (as amended from time to time). Scientific and laboratory instruments shall be legibly and conspicuously marked by die-stamping, case-in-the-mold lettering, acid or electrolytic etching, engraving, or by means of metal plates securely attached to the Supplies in a conspicuous place by welding, screws, or rivets. If the Supplies cannot be marked as specified above, any method of legible and conspicuous marking is acceptable provided it is calculated to, and does, requires a deliberate and persistent effort to remove such marks of origin. Seller shall also be responsible for compliance with additional regulations and guidelines regarding supply chain security published by US Customs, the U.S. Export Control Classification Number Canada Customs and Revenue Agency, and any other government or agency, including the Security and Accountability for Every Port Act of 2006.
12.5 All credits or benefits resulting from the Order, including trade credits, export credits or the refund of duties, taxes or fees, belong solely to Buyer. Seller shall promptly provide all information and certificates (“ECCN”including NAFTA Certificates of Origin) necessary to permit Buyer to receive the full amount of such benefits or credits. Seller agrees to fulfill all customs- or NAFTA-related obligations, origin marking or labeling requirements, and U.S. HTS Number local content origin requirements.
12.6 Seller shall indemnify and hold Buyer harmless from and against any liability, claims demands or Schedule B; and/orexpenses (including attorney's fees or other professional fees) arising from or relating to Seller's noncompliance with this Section. Seller shall be responsible for the full costs of any delay in delivery of the Supplies caused by its failure to comply with the requirements of this Section 12, including but not limited to missing, incomplete, untimely or inaccurate data being furnished to Buyer, Buyer’s agents or any governmental authority.
Appears in 1 contract
Customs Regulations. 12.1 For Products Supplies imported into the United States and Mexico, Seller shall comply with all applicable recommendations or requirements of the United States Bureau of Customs and Border Protection’s (“U.S. Customs”), including but not limited to the Customs-Trade Partnership Against Terrorism ("C-TPAT") initiative (for additional information on C-TPAT go to xxxx://xxx.xxx.xxx/ and find the link to the C-TPAT section). At Buyer’s or U.S. Customs’ request, Seller shall certify in writing its compliance with C-TPAT and with all other applicable U.S. Customs laws and regulations. Seller shall provide both Buyer and U.S. Customs access to Seller’s facilities for the purpose of auditing Seller’s compliance with the foregoing. If the Products Supplies are transported via ocean carrier into the United States, Seller must also comply with U.S. Customs’ Importer Security Filing (“ISF”) and provide the necessary data to the freight forwarder selected by Xxxxx Buyer who will act as Xxxxx’s agent for filing of the ISF. Seller shall cause all data required for the ISF to be in the freight forwarder’s possession not later than twenty-twenty four (24) hours before the Products Supplies are loaded onto the ocean carrier or such earlier time as the freight forwarder may require. Neither Buyer nor its agents shall be responsible for modifying ISFs after the Products Supplies are loaded onto the ship. Any Products On and after January 1, 2010, any Supplies which receive any U.S. Customs response other than “accepted” shall be deemed to be rejected by Buyer. Without limiting the foregoing, Supplier shall comply with all chemical import requirements under the U.S. Toxic Substances Control Act (“TSCA”).
12.2 For Supplies imported into Canada, Seller shall comply with all applicable recommendations or requirements of the Canada Customs and Revenue Agency, including but not limited to the laws, regulations and other requirements of the Agency’s initiative Partner’s in Protection (for informationgotohtp://xxx.xxxxxxx.xx.xx/xxxxxxx/xxxxxxx/xxxxxxx ent/partners/menu-e.htmlinformation go to xxxx://xxx.xxxxxxx.xx.xx/customs/general/enforement/partners/m enu-e.html). At Buyer’s or the Canadian Customs and Revenue Agency’s request, Seller shall certify in writing its compliance with the foregoing. For Products imported into Canada, Seller shall comply with all applicable recommendations or requirements of the Canada Border Services Agency (the “CBSA”), including but not limited to the laws, regulations and other requirements of the Agency (for additional information please go to xxxxx://xxx.xxxx-xxxx.xx.xx/publications/cn- ad/menu-eng.html. At Buyer’s or the CBSA’s request, Seller shall certify in writing its compliance with the foregoing.
12.3 Seller shall comply with all applicable laws and regulations relating to the export and import of the Products Supplies under the Order. Seller shall obtain all export licenses or authorizations necessary for the export of ProductsSupplies, unless otherwise set forth in the Order, in which case Seller shall promptly provide to Buyer all information necessary to enable Buyer to obtain the licenses or authorizations. Seller shall promptly notify Buyer in writing of any material or components incorporated in the Products Supplies that Seller purchases in a country other than the country in which the Products Supplies are delivered. Seller shall provide Buyer: (i) for Products Supplies that originate in the U.S., the U.S. Export Control Classification Number (“ECCN”) and U.S. HTS Number or Schedule B; and/orand/or (ii) for Supplies that originate outside of the U.S., the HTS Number and dual use designation. Seller shall furnish any and all documentation and information necessary to establish the country of origin or to comply with the applicable country’s rules of origin requirements. Seller shall promptly advise Buyer of any material or components imported into the country of origin and any duty included in the Supplies’ purchase price. If Supplies are manufactured in a country other than the country in which Supplies are delivered, Seller shall mark Supplies “Made in [country of origin]”. Seller shall provide to Buyer and the appropriate governmental agency the documentation necessary to determine the admissibility and the effect of entry of Supplies into the country in which Supplies are delivered. Seller warrants that any information that is supplied to Buyer about the import or export of Supplies is true and that all sales covered by the Order shall be made at not less than fair value under the anti-dumping laws of the countries to which the Supplies are exported.
12.4 Supplies and the containers into which they are placed for shipment shall be marked in accordance with all U.S. laws including but not limited to 19 CFR §134 (as amended from time to time). Scientific and laboratory instruments shall be legibly and conspicuously marked in accordance with U.S. laws. Seller shall also be responsible for compliance with additional regulations and guidelines regarding supply chain security published by US Customs, the Canada Customs and Revenue Agency, and any other government or agency, including the Security and Accountability for Every Port Act of 2006.
12.5 All credits or benefits resulting from the Order, including trade credits, export credits or the refund of duties, taxes or fees, belong solely to Buyer. Seller shall promptly provide all information and certificates (including NAFTA Certificates of Origin) necessary to permit Buyer to receive the full amount of such benefits or credits. Seller agrees to fulfill all customs- or NAFTA-related obligations, origin marking or labeling requirements, and local content origin requirements.
12.6 Seller shall indemnify and hold Buyer harmless from and against any liability, claims demands or expenses (including attorney’s fees or other professional fees) arising from or relating to Seller’s noncompliance with this Section. Seller shall be responsible for the full costs of any delay in delivery of the Supplies caused by its failure to comply with the requirements of this Section 12, including but not limited to missing, incomplete, untimely or inaccurate data being furnished to Buyer, Buyer’s agents or any governmental authority.
Appears in 1 contract
Customs Regulations. 12.1 For Products Goods imported into the United States and MexicoStates, Seller shall comply with all applicable recommendations or requirements of the United States Bureau of Customs and Border Protection’s Protection (“U.S. Customs”)) including, including but not limited to to, the Customs-Customs Trade Partnership Against Terrorism ("“C-TPAT"”) initiative (for additional information on C-TPAT go to xxxx://xxx.xxx.xxx/ and find the link to the C-TPAT section). At Buyer’s or U.S. Customs’ request, Seller shall certify in writing its compliance with C-TPAT and with all other applicable U.S. Customs laws and regulations. Seller shall provide both Buyer and U.S. Customs access to Seller’s facilities for the purpose of auditing Seller’s compliance with the foregoing. If the Products Goods are transported via ocean carrier into the United States, Seller must also comply with U.S. Customs’ Importer Security Filing (“ISF”) and provide the necessary data to the freight forwarder selected by Xxxxx Buyer who will act as XxxxxBuyer’s agent for filing of the ISF. Seller shall cause all data required for the ISF to be in the freight forwarder’s possession not later than twenty-four (24) hours before the Products are loaded onto the ocean carrier or such earlier time as the freight forwarder may require. Neither Buyer nor its agents shall be responsible for modifying ISFs after the Products are loaded onto the ship. Any Products which receive any U.S. Customs response other than “accepted” shall be deemed to be rejected by Buyer. Without limiting the foregoing, Supplier shall comply with all chemical import requirements under the U.S. Toxic Substances Control Act (“TSCA”).
12.2 Seller shall comply with all applicable recommendations or requirements of the Canada Customs and Revenue Agency, including but not limited to the laws, regulations and other requirements of the Agency’s initiative Partner’s in Protection (for informationgotohtp://xxx.xxxxxxx.xx.xx/xxxxxxx/xxxxxxx/xxxxxxx ent/partners/menu-e.html). At Buyer’s or the Canadian Customs and Revenue Agency’s request, Seller shall certify in writing its compliance with the foregoing. For Products imported into Canada, Seller shall comply with all applicable recommendations or requirements of the Canada Border Services Agency (the “CBSA”), including but not limited to the laws, regulations and other requirements of the Agency (for additional information please go to xxxxx://xxx.xxxx-xxxx.xx.xx/publications/cn- ad/menu-eng.html. At Buyer’s or the CBSA’s request, Seller shall certify in writing its compliance with the foregoing.
12.3 Seller shall comply with all applicable laws and regulations relating to the export and import of the Products under the Order. 5.1 Seller shall obtain all export licenses or authorizations necessary for the export of ProductsGoods, unless otherwise set forth in the Purchase Order, in which case Seller shall promptly provide to Buyer all information necessary to enable Buyer to obtain the licenses or authorizations. Seller shall promptly notify Buyer in writing of any material or components incorporated in the Products Goods that Seller purchases in a country other than the country in which the Products Goods are delivered. Seller shall provide Buyer: (i) furnish any and all documentation and information necessary to establish the country of origin or to comply with the applicable country’s rules of origin requirements.
5.2 Goods and the containers into which they are placed for Products that originate shipment shall be marked in the U.S.accordance with all U.S. laws including, the U.S. Export Control Classification Number (“ECCN”) but not limited to 19
5.3 Seller shall indemnify and U.S. HTS Number or Schedule B; and/orhold Buyer harmless from and against any liability, claims demands or
Appears in 1 contract
Samples: Purchase Order
Customs Regulations. 12.1 For Products Supplies imported into the United States and Mexico, Seller shall comply with all applicable recommendations or requirements of the United States Bureau of Customs and Border Protection’s Protection´s (“U.S. Customs”), including but not limited to the Customs-Trade Partnership Against Terrorism ("C-TPAT") initiative (for additional information on C-TPAT go to xxxx://xxx.xxx.xxx/ and find the link to the C-C- TPAT section). At Buyer’s 's or U.S. Customs’ request, Seller shall certify in writing its compliance with C-TPAT and with all other applicable U.S. Customs laws and regulations. Seller shall provide both Buyer and U.S. Customs access to Seller’s 's facilities for the purpose of auditing Seller’s 's compliance with the foregoing. If the Products Supplies are transported via ocean carrier into the United States, Seller must also comply with U.S. Customs’ Importer Security Filing (“ISF”) and provide the necessary data to the freight forwarder selected by Xxxxx Buyer who will act as Xxxxx’s agent for filing of the ISF. Seller shall cause all data required for the ISF to be in the freight forwarder’s possession not later than twenty-twenty four (24) hours before the Products Supplies are loaded onto the ocean carrier or such earlier time as the freight forwarder may require. Neither Buyer nor its agents shall be responsible for modifying ISFs after the Products Supplies are loaded onto the ship. Any Products On and after January 1, 2010, any Supplies which receive any U.S. Customs response other than “accepted” shall be deemed to be rejected by Buyer. Without limiting the foregoing, Supplier shall comply with all chemical import requirements under the U.S. Toxic Substances Control Act (“TSCA”).
12.2 For Supplies imported into Canada, Seller shall comply with all applicable recommendations or requirements of the Canada Customs and Revenue Agency, including but not limited to the laws, regulations and other requirements of the Agency’s 's initiative Partner’s 's in Protection (for informationgotohtp://xxx.xxxxxxx.xx.xx/xxxxxxx/xxxxxxx/xxxxxxx ent/partners/menu-information go to xxxx://xxx.xxxxxxx.xx.xx/customs/general/enforement/partners/menu- e.html). At Buyer’s 's or the Canadian Customs and Revenue Agency’s request, Seller shall certify in writing its compliance with the foregoing. For Products imported into Canada, Seller shall comply with all applicable recommendations or requirements of the Canada Border Services Agency (the “CBSA”), including but not limited to the laws, regulations and other requirements of the Agency (for additional information please go to xxxxx://xxx.xxxx-xxxx.xx.xx/publications/cn- ad/menu-eng.html. At Buyer’s or the CBSA’s 's request, Seller shall certify in writing its compliance with the foregoing.
12.3 Seller shall comply with all applicable laws and regulations relating to the export and import of the Products under the Order. Seller shall obtain all export licenses or authorizations necessary for the export of ProductsSupplies, unless otherwise set forth in the Order, in which case Seller shall promptly provide to Buyer all information necessary to enable Buyer to obtain the licenses or authorizations. Seller shall promptly notify Buyer in writing of any material or components incorporated in the Products Supplies that Seller purchases in a country other than the country in which the Products Supplies are delivered. Seller shall provide Buyer: (i) for Products that originate furnish any and all documentation and information necessary to establish the country of origin or to comply with the applicable country’s rules of origin requirements. Seller shall promptly advise Buyer of any material or components imported into the country of origin and any duty included in the U.S.Supplies’ purchase price. If Supplies are manufactured in a country other than the country in which Supplies are delivered, Seller shall mark Supplies “Made in [country of origin].” Seller shall provide to Buyer and the appropriate governmental agency the documentation necessary to determine the admissibility and the effect of entry of Supplies into the country in which Supplies are delivered. Seller warrants that any information that is supplied to Buyer about the import or export of Supplies is true and that all sales covered by the Order shall be made at not less than fair value under the anti-dumping laws of the countries to which the Supplies are exported.
12.4 Supplies and the containers into which they are placed for shipment shall be marked in accordance with all U.S. laws including but not limited to 19 CFR §134 (as amended from time to time). Scientific and laboratory instruments shall be legibly and conspicuously marked by die-stamping, case-in- the-mold lettering, acid or electrolytic etching, engraving, or by means of metal plates securely attached to the Supplies in a conspicuous place by welding, screws, or rivets. If the Supplies cannot be marked as specified above, any method of legible and conspicuous marking is acceptable provided it is calculated to, and does, requires a deliberate and persistent effort to remove such marks of origin. Seller shall also be responsible for compliance with additional regulations and guidelines regarding supply chain security published by US Customs, the U.S. Export Control Classification Number Canada Customs and Revenue Agency, and any other government or agency, including the Security and Accountability for Every Port Act of 2006.
12.5 All credits or benefits resulting from the Order, including trade credits, export credits or the refund of duties, taxes or fees, belong solely to Buyer. Seller shall promptly provide all information and certificates (“ECCN”including NAFTA Certificates of Origin) necessary to permit Buyer to receive the full amount of such benefits or credits. Seller agrees to fulfill all customs- or NAFTA-related obligations, origin marking or labeling requirements, and U.S. HTS Number local content origin requirements.
12.6 Seller shall indemnify and hold Buyer harmless from and against any liability, claims demands or Schedule B; and/orexpenses (including attorney's fees or other professional fees) arising from or relating to Seller's noncompliance with this Section. Seller shall be responsible for the full costs of any delay in delivery of the Supplies caused by its failure to comply with the requirements of this Section 12, including but not limited to missing, incomplete, untimely or inaccurate data being furnished to Buyer, Buyer’s agents or any governmental authority.
Appears in 1 contract
Customs Regulations. 12.1 For Products Supplies imported into the United States and MexicoStates, Seller shall comply with all applicable recommendations or requirements of the United States Bureau of Customs and Border Protection’s 's (“U.S. Customs”), including but not limited to the Customs-Trade Partnership Against Terrorism ("C-TPAT") initiative (for additional information on C-TPAT go to xxxx://xxx.xxx.xxx/ and find the link to the C-C- TPAT section). At Buyer’s 's or U.S. Customs’ request, Seller shall certify in writing its compliance with C-TPAT and with all other applicable U.S. Customs laws and regulations. Seller shall provide both Buyer and U.S. Customs access to Seller’s 's facilities for the purpose of auditing Seller’s 's compliance with the foregoing. If the Products Supplies are transported via ocean carrier into the United States, Seller must also comply with U.S. Customs’ Importer Security Filing (“ISF”) and provide the necessary data to the freight forwarder selected by Xxxxx Buyer who will act as Xxxxx’s agent for filing of the ISF. Seller shall cause all data required for the ISF to be in the freight forwarder’s possession not later than twenty-twenty four (24) hours before the Products Supplies are loaded onto the ocean carrier or such earlier time as the freight forwarder may require. Neither Buyer nor its agents shall be responsible for modifying ISFs after the Products Supplies are loaded onto the ship. Any Products On and after January 1, 2010, any Supplies which receive any U.S. Customs response other than “accepted” shall be deemed to be rejected by Buyer. Without limiting the foregoing, Supplier shall comply with all chemical import requirements under the U.S. Toxic Substances Control Act (“TSCA”).
12.2 Seller shall comply with all applicable recommendations or requirements of the Canada Customs and Revenue Agency, including but not limited to the laws, regulations and other requirements of the Agency’s initiative Partner’s in Protection (for informationgotohtp://xxx.xxxxxxx.xx.xx/xxxxxxx/xxxxxxx/xxxxxxx ent/partners/menu-e.html). At Buyer’s or the Canadian Customs and Revenue Agency’s request, Seller shall certify in writing its compliance with the foregoing. For Products imported into Canada, Seller shall comply with all applicable recommendations or requirements of the Canada Border Services Agency (the “CBSA”), including but not limited to the laws, regulations and other requirements of the Agency (for additional information please go to xxxxx://xxx.xxxx-xxxx.xx.xx/publications/cn- ad/menu-eng.html. At Buyer’s or the CBSA’s request, Seller shall certify in writing its compliance with the foregoing.
12.3 Seller shall comply with all applicable laws and regulations relating to the export and import of the Products under the Order. Seller shall obtain all export licenses or authorizations necessary for the export of ProductsSupplies, unless otherwise set forth in the Order, in which case Seller shall promptly provide to Buyer all information necessary to enable Buyer to obtain the licenses or authorizations. Seller shall promptly notify Buyer in writing of any material or components incorporated in the Products Supplies that Seller purchases in a country other than the country in which the Products Supplies are delivered. Seller shall provide Buyer: (i) for Products that originate furnish any and all documentation and information necessary to establish the country of origin or to comply with the applicable country’s rules of origin requirements. Seller shall promptly advise Buyer of any material or components imported into the country of origin and any duty included in the U.S.Supplies’ purchase price. If Supplies are manufactured in a country other than the country in which Supplies are delivered, Seller shall mark Supplies “Made in [country of origin].” Seller shall provide to Buyer and the appropriate governmental agency the documentation necessary to determine the admissibility and the effect of entry of Supplies into the country in which Supplies are delivered. Seller warrants that any information that is supplied to Buyer about the import or export of Supplies is true and that all sales covered by the Order shall be made at not less than fair value under the anti-dumping laws of the countries to which the Supplies are exported.
12.3 Supplies and the containers into which they are placed for shipment shall be marked in accordance with all U.S. Export Control Classification Number laws including but not limited to 19 CFR §134 (“ECCN”as amended from time to time). Scientific and laboratory instruments shall be legibly and conspicuously marked by die-stamping, case-in-the-mold lettering, acid or electrolytic etching, engraving, or by means of metal plates securely attached to the Supplies in a conspicuous place by welding, screws, or rivets. If the Supplies cannot be marked as specified above, any method of legible and conspicuous marking is acceptable provided it is calculated to, and does, requires a deliberate and persistent effort to remove such marks of origin. Seller shall also be responsible for compliance with additional regulations and guidelines regarding supply chain security published by US Customs, and any other government or agency, including the Security and Accountability for Every Port Act of 2006.
12.4 All credits or benefits resulting from the Order, including trade credits, export credits or the refund of duties, taxes or fees, belong solely to Buyer. Seller shall promptly provide all information and certificates (including NAFTA Certificates of Origin) necessary to permit Buyer to receive the full amount of such benefits or credits. Seller agrees to fulfill all customs- or NAFTA-related obligations, origin marking or labeling requirements, and U.S. HTS Number local content origin requirements.
12.5 Seller shall indemnify and hold Buyer harmless from and against any liability, claims demands or Schedule B; and/orexpenses (including attorney's fees or other professional fees) arising from or relating to Seller's noncompliance with this Section. Seller shall be responsible for the full costs of any delay in delivery of the Supplies caused by its failure to comply with the requirements of this Section 12, including but not limited to missing, incomplete, untimely or inaccurate data being furnished to Buyer, Buyer’s agents or any governmental authority.
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