International Trade. Buyer acknowledges and agrees that its use, reexport and other transfer of items hereunder are subject to U.S. export control laws and regulations including without limitation the Export Administration Regulations, the International Traffic in Arms Regulations, regulations promulgating financial transaction restrictions administered by the United States Department of the Treasury, Office of Foreign Asset Controls or any of the laws, rules and regulations regarding prohibited and restricted parties, the International Emergency Economic Powers Act, the United States Export Administration Act, the United States Arms Export Control Act, the United States Trading with the Enemy Act, and all regulations, orders and licenses issued thereunder (collectively the "Export Laws"). Buyer shall comply strictly with all such Export Laws and Buyer shall assist Seller in complying with all such Export Laws. Buyer represents that it is not, and to the best of its knowledge its customers, its customer’s end-users and its agents are not, subject to any U.S. or other government sanction, restriction or rule that would prohibit the sale, export or extension of credit with respect to the purchase, of the Goods or Serviced Articles hereunder. Upon Seller’s request, Buyer shall provide all end-user and end-use information that it can obtain with commercially reasonable efforts. Seller makes no representation with respect to the country of origin, qualification for duty preference (or similar program), specific harmonized tariff schedule number, export jurisdiction, U.S. munitions list category, export control classification number, export authority or any other international trade or export matter relating to any Good or Serviced Article. Seller retains all of its duty drawback rights, and any attempt by Buyer to transfer or claim such rights will be null and void. Buyer shall not, itself or through any Third Party, designate Seller as the U.S. “principal party in interest” or file electronic export information with the U.S. Bureau of Census in Seller's name unless otherwise agreed in writing by Seller. Seller shall not be the importer of record with respect to any transaction governed by this Contract (unless Seller otherwise agrees in writing). In the event Buyer, through any act or omission of Buyer, or any third party acting on Buyer's behalf, breach any of the above provisions with respect to Seller's duty drawback rights, "principal party in interest", filing of electronic export information in Seller's name, and/or importer of record designation, then Buyer shall immediately take such actions as may be necessary to correct such breach including without limitation making such filings as may be necessary or advisable to correct such breach and cooperating with Seller's efforts to correct such breach in a prompt and timely manner, at Buyer's sole cost and expense.
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Samples: Terms and Conditions of Sale, Terms and Conditions of Sale
International Trade. NPAS makes no representation with respect to the country of origin, qualification for duty preference or similar program, specific Harmonized Tariff Schedule Number, export jurisdiction, U.S. Munitions List category, Export Control Classification Number, or export authority of any good. NPAS retains all of its duty drawback rights, and any attempt by Buyer acknowledges to transfer any such rights will be void. Buyer shall not, itself or by any freight forwarder, customs broker or other agent or third party under Xxxxx's direction or control, designate NPAS as the U.S. Principal Party in Interest (as defined in the U.S. Foreign Trade Regulations, 15 CFR Part 30) or file the Electronic Export Information with U.S. Bureau of Census ("EEI"), unless otherwise agreed in writing by an authorized representative of NPAS. If Buyer files an EEI without the prior written consent required by the preceding sentence, then: (i) the EEI will be considered to have been made without NPAS's authority or permission, and agrees any false statements to the government will be considered to have been made by Buyer or its agent, as applicable, (ii) any affected transaction will be considered to be a routed export transaction, such that Buyer or its use, reexport agent will be considered the U.S. Principal Party in Interest and other transfer exporter of items hereunder are subject to U.S. export control laws record (as defined by the Foreign Trade Regulations and regulations including without limitation the Export Administration Regulations) for those transactions, the International Traffic in Arms Regulations, regulations promulgating financial transaction restrictions administered by the United States Department (iii) Buyer shall assume all of the Treasury, Office of Foreign Asset Controls or any responsibilities of the laws, rules exporter of record for any such transactions; and regulations regarding prohibited and restricted parties, (iv) NPAS will have no responsibility as the International Emergency Economic Powers Act, the United States Export Administration Act, the United States Arms Export Control Act, the United States Trading with the Enemy Act, and all regulations, orders and licenses issued thereunder (collectively the "Export Laws"). Buyer shall comply strictly with all such Export Laws and Buyer shall assist Seller in complying with all such Export Lawsexporter of record. Buyer represents that it is not, and to the best of its knowledge Buyer's knowledge, its customers, its customer’s customers' end-users and its agents are not, subject to any U.S. or other government sanction, sanction or restriction or rule that would prohibit the sale, sale or export or extension of credit with respect to the purchase, by NPAS of the Goods Products or Serviced Articles hereunderServices. Upon Seller’s NPAS's request, Buyer shall provide all end-user and end-use information that of which it can is aware or which it could obtain with commercially reasonable efforts. Seller makes no representation Buyer shall comply strictly with respect all applicable U.S. export laws and regulations, and Buyer shall assist NPAS in complying and documenting compliance with any applicable U.S. export laws, regulations and executive orders. Regardless of any statements on Xxxxx's purchase order or other documents to the country of origincontrary, qualification for duty preference (or similar program), specific harmonized tariff schedule number, export jurisdiction, U.S. munitions list category, export control classification number, export authority or any other international trade or export matter relating to any Good or Serviced Article. Seller retains all of its duty drawback rights, and any attempt by Buyer to transfer or claim such rights will be null and void. Buyer shall not, itself or through any Third Party, designate Seller as the U.S. “principal party in interest” or file electronic export information with the U.S. Bureau of Census in Seller's name unless otherwise agreed in writing by Seller. Seller NPAS shall not be the importer of record (as that term is defined by U.S. law at 19 USC 1484, or equivalent provision of non-U.S. law) with respect to any a transaction governed by this Contract (Agreement, unless Seller otherwise agrees agreed in writing). In the event Buyer, through any act or omission writing by an authorized representative of Buyer, or any third party acting on Buyer's behalf, breach any of the above provisions with respect to Seller's duty drawback rights, "principal party in interest", filing of electronic export information in Seller's name, and/or importer of record designation, then Buyer shall immediately take such actions as may be necessary to correct such breach including without limitation making such filings as may be necessary or advisable to correct such breach and cooperating with Seller's efforts to correct such breach in a prompt and timely manner, at Buyer's sole cost and expenseNPAS.
Appears in 1 contract
Samples: www.npas.com
International Trade. Buyer acknowledges and agrees that its use, reexport and other transfer of items hereunder are subject to U.S. export control laws and regulations including without limitation the Export Administration Regulations, the International Traffic in Arms Regulations, regulations promulgating financial transaction restrictions administered by the United States Department of the Treasury, Office of Foreign Asset Controls or any of the laws, rules and regulations regarding prohibited and restricted parties, the International Emergency Economic Powers Act, the United States Export Administration Act, the United States Arms Export Control Act, the United States Trading with the Enemy Act, and all regulations, orders and licenses issued thereunder (collectively the "Export Laws"). Buyer shall comply strictly with all such Export Laws and Buyer shall assist Seller in complying with all such Export Laws. Buyer represents that it is not, and to the best of its knowledge its customers, its customer’s end-users and its agents are not, subject to any U.S. or other government sanction, restriction or rule that would prohibit the sale, export or extension of credit with respect to the purchase, of the Goods or Serviced Articles hereunder. Upon Seller’s request, Buyer shall provide all end-user and end-use information that it can obtain with commercially reasonable efforts. Seller makes no representation with respect to the country of origin, qualification for duty preference (or similar program), specific harmonized tariff schedule number, export jurisdiction, U.S. munitions list category, export control classification number, export authority or any other international trade or export matter relating to any Good or Serviced Article. Seller retains all of its duty drawback rights, and any attempt by Buyer to transfer or claim such rights will be null and void. Buyer shall not, itself or through any Third Party, designate Seller as the U.S. “principal party in interest” or file electronic export information with the U.S. Bureau of Census in Seller's name unless otherwise agreed in writing by Seller. Seller shall not be the importer of record with respect to any transaction governed by this Contract (unless Seller Xxxxxx otherwise agrees in writing). In the event Buyer, through any act or omission of Buyer, or any third party acting on BuyerXxxxx's behalf, breach any of the above provisions with respect to Seller's duty drawback rights, "principal party in interest", filing of electronic export information in Seller's name, and/or importer of record designation, then Buyer shall immediately take such actions as may be necessary to correct such breach including without limitation making such filings as may be necessary or advisable to correct such breach and cooperating with SellerXxxxxx's efforts to correct such breach in a prompt and timely manner, at BuyerXxxxx's sole cost and expense.
Appears in 1 contract
Samples: www.ellwoodcityforge.com