Marketer Warranties. (a) Marketer warrants that it has full power and authority to enter into this Agreement and shall carry out the distributorship granted hereunder in good faith. Marketer further warrants that it has made no commitments inconsistent with this Agreement. (b) Marketer shall sell Products only in Saleable Units. Marketer shall not make any warranties or representations regarding the Products beyond those warranties and representations which are expressly issued or approved by Manufacturer in writing or which are included in Manufacturer's promotional or informational materials. (c) Marketer shall pass on to customers Manufacturer's standard limited warranties and disclaimers. Marketer further agrees not to represent the Products in a manner that is inconsistent with the Products' label claims or the Product literature or to otherwise misrepresent the Products. (d) Marketer warrants that in the event that Marketer, during the term of this Agreement, obtains rights to needle technology by purchase, amalgamation, merger, or Business Combination Transaction, which rights would be infringed by the manufacture, use, offer for sale, or sale of Products by Manufacturer, Marketer shall not assert such rights against Manufacturer during the term of this Agreement and Marketer shall continue to meet its obligations under the terms of this Agreement.
Appears in 3 contracts
Samples: National Marketing and Distribution Agreement (Retractable Technologies Inc), National Marketing and Distribution Agreement (Retractable Technologies Inc), National Marketing and Distribution Agreement (Retractable Technologies Inc)
Marketer Warranties. (a) Marketer warrants that it has full power and authority to enter into this Agreement and shall carry out the distributorship granted hereunder in good faith. Marketer further warrants that it has made no commitments inconsistent with this Agreement.
(b) Marketer shall sell Products only in Saleable Units. Marketer shall not make any warranties or representations regarding the Products beyond those warranties and representations which are expressly issued or approved by Manufacturer Developer in writing or which are included in ManufacturerDeveloper's promotional or informational materials.
(c) Marketer shall pass on to customers ManufacturerDeveloper's standard limited warranties and disclaimers. Marketer further agrees not to represent the Products in a manner that is inconsistent with the Products' label claims or the Product literature or to otherwise misrepresent the Products.
(d) Marketer warrants that in the event that Marketer, during the term of this Agreement, obtains rights to needle technology by purchase, amalgamation, merger, or Business Combination Transaction, which rights would be infringed by the manufacture, use, offer for sale, or sale of Products by ManufacturerDeveloper, Marketer shall not assert such rights against Manufacturer Developer during the term of this Agreement and Marketer shall continue to meet its obligations under the terms of this Agreement.
Appears in 1 contract
Samples: National Marketing and Distribution Agreement (Maxxon Inc)