Merchantability a. "Merchantable products" shall be those logs defined as merchantable by the Official Log Scaling, Westside Log Scaling Handbook.
Merchantability. Supplier agrees that the products and services supplied will confirm to the specifications stated in the Request for Proposals and Supplier’s Proposal, andwill function and conform to the standards of the industry.
Merchantability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PRODUCTS.
Merchantability. Notwithstanding anything to the contrary contained in this Agreement, the Purchaser and UTI acknowledge that the Purchaser will acquire the Purchased Assets on an "as is" "where is" basis and that the Seller does not make any representation or warranty as to the fitness for purpose, condition or merchantability of the Purchased Assets or any of them, except as expressly provided otherwise in Article 5. Each of the Purchaser and UTI acknowledge and agree that they have relied and shall rely solely on their own appraisal and estimate as to the quantum of value of the Purchased Assets and the Purchased Business and that they have relied and shall rely on their own analysis related thereto, notwithstanding anything to the contrary contained in this Agreement.
Merchantability. Trees, when designated for cutting, and products cut from those trees, shall equal or exceed the following minimum specifications. Product Specifications Tree Specifications Species and Product Length (Feet) Scaling Diameter (Inches) Net Scale in Percent of Gross Scale Net Scale (Board Feet) Number of Minimum-Size Products per Tree PONDEROSA PINE AND WHITE PINE – SAWLOGS XXXXXXX-FIR AND OTHER SPECIES SAWLOGS MIXED FIR SPECIES – TONWOOD ALL SPECIES – PULP LOGS 8.0 8.0 16.0 ** 5.51 5.51 4.00 ** 33⅓ 33⅓ 33 1/3 ** 10 10 * ** 2 1 * ** *MIXED FIR SPECIES – TONWOOD will be paid for on a gross scale per green ton basis. **ALL SPECIES PULP LOGS are defined as all products not meeting sawlog, western redcedar product, or tonwood product specifications, which the Purchaser removes from the logging unit with intent of manufacture or sale..
Merchantability. The Merchandise shall be (i) merchantable, of good quality and free of defects; (ii) fit for the purpose for which sold and (iii) function in accordance with the material specifications referenced in any applicable Product description.
Merchantability. In the event that BUYER determines in BUYER’s sole discretion, that any Masters delivered and paid for under this Agreement are not technically or mechanically fit, acknowledging that the vast majority of the Masters are re-recordings completed without the benefit of current technology, * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. BUYER may reject such delivery and SELLER shall either replace rejected Master with a replacement which BUYER in BUYER’s sole discretion deems acceptable or issue BUYER refund in the amount of [*].
Merchantability. NSI warrants that Introductory Kits it may sell to NSUSA pursuant to this Agreement will be merchantable and of sufficient quality for sales within the Territory. If NSUSA determines that certain Introductory Kits supplied under this Agreement are not merchantable, a claim for a refund of the price paid can be made within 45 days from the day the Introductory Kits are received in the Territory. NSI agrees to refund, or credit the account of NSUSA, for the purchase price of such non-merchantable Introductory Kits.
Merchantability. NSI warrants that Starter Kits sold to NSJ --------------- pursuant to this Agreement will be merchantable and of sufficient quality for sales within the Territory. If NSJ determines that certain Starter Kits supplied under this Agreement are not merchantable, a claim for a refund of the price paid can be made within 45 days from the day the Starter Kits are received in the Territory. NSI agrees to refund, or credit the account of NSJ, for the purchase price of such non-merchantable Starter Kits.
Merchantability. Other than those offered and statutory warranties and remedies, Syskit, Ltd. And its affiliates disclaim all warranties, conditions, representations, and terms, express or implied, whether by statute, common law, custom, usage, or otherwise, as to any matter, including but not limited to performance, security, non-infringement of third-party rights, integration, merchantability, quiet enjoyment, satisfactory quality, and fitness for any particular purpose. Other than such offered and statutory warranties and remedies, in SECTION 22 (LIMITED WARRANTY REMEDY).
