Common use of Delivery and Waiver of Liability Clause in Contracts

Delivery and Waiver of Liability. All arrangements for delivery of the Livestock to the Permitted Location shall be made by the Member at the Member’s expense. The Member acknowledges and agrees that it shall be the Member’s responsibility to ensure that the Livestock are counted and inspected by the Member, that all Livestock have been delivered and that any Livestock which are not acceptable to the Member are rejected and returned to the seller before the Association pays for the Livestock. All Livestock paid for by the Association shall be deemed to have been accepted by the Member. All such Livestock are supplied by the Association to the Member on an “as is, where is” basis with no condition, warranty, representation or other terms, express, implied or statutory, whether as to the condition or health of the Livestock or otherwise. The Member acknowledges that any inspection of the Livestock or advice provided with respect to the Livestock, by any officer, director or employee of the Association is made or provided for the sole benefit of the Association, and that none of the Association, its local supervisor, or any other officer, director or employee of the Association owes any duty or shall be liable to the Member with respect to any such inspection, advice or any other cause, matter or thing whatsoever related to the Livestock. For greater certainty and notwithstanding clause 1.3 of this Agreement, the Member acknowledges and agrees that the “Supervisor’s and Administrator’s Certificate” at the end of Schedule “A” hereto does not form part of this Agreement and is for the use and benefit of the Association only.

Delivery and Waiver of Liability. All arrangements for delivery of the Livestock to the Permitted Location shall be made by the Member at the Member’s expense. The Member acknowledges and agrees that it shall be the Member’s responsibility to ensure that the Livestock are counted and inspected by the Member, that all Livestock have been delivered and that any Livestock which are not acceptable to the Member are rejected and returned to the seller before the Association pays for the Livestock. All Livestock paid for by the Association shall be deemed to have been accepted by the Member. All such Livestock are supplied by the Association to the Member on an “as is, where is” basis with no condition, warranty, representation or other terms, express, implied or statutory, whether as to the condition or health of the Livestock or otherwise. The Member acknowledges that any inspection of the Livestock or advice provided with respect to the Livestock, by any officer, director or employee of the Association is made or provided for the sole benefit of the Association, and that none of the Association, its local supervisor, or any other officer, director or employee of the Association owes any duty or shall be liable to the Member with respect to any such inspection, advice or any other cause, matter or thing whatsoever related to the Livestock. For greater certainty and notwithstanding clause 1.3 of this Agreement, the Member acknowledges and agrees that the “Supervisor’s and Administrator’s Certificate” at the end of Schedule “A” hereto does not form part of this Agreement and is for the use and benefit of the Association only.only.‌