Common use of PRODUCT HAZARDS Clause in Contracts

PRODUCT HAZARDS. BUYER ACKNOWLEDGES THAT IT IS FAMILIAR WITH PRODUCT AND HAS BEEN ADEQUATELY WARNED BY SELLER OF THE RISKS ASSOCIATED WITH HANDLING, TRANSPORTING, USING, STORING AND DISPOSING OF PRODUCT, INCLUDING, WITHOUT LIMITATION, THOSE SET FORTH IN SELLER’S SAFETY DATA SHEET FOR PRODUCT (“SDS”). BUYER FURTHER ACKNOWLEDGES ITS SEPARATE AND INDEPENDENT KNOWLEDGE OF SUCH RISKS, WHICH ARE KNOWN IN BUYER’S INDUSTRY. BUYER AFFIRMS IT HAS RECEIVED AND UNDERSTANDS THE CONTENTS OF SAID SDS. Buyer will maintain compliance with all appropriate safe handling and use procedures, and all safety and health-related governmental requirements concerning Product, and will take such steps as necessary to inform its employees, agents, contractors, customers and other third parties of proper use, storage, and disposal of Product. Such steps include, but are not limited to, dissemination of pertinent information contained in the SDS, as appropriate. Buyer will not deliver or consign commercial or sample quantities of Product to any party whom Buyer reasonably believes will handle, transport, use, store or dispose of said Product in a dangerous manner or contrary to law or the advice of Seller. Buyer hereby agrees that Seller will have the right to immediately cease delivery of Product to Buyer, pursuant to this Contract or otherwise, if, in Seller’s reasonable opinion, Buyer fails to take necessary action to prevent or mitigate imminent endangerment to human health, safety, or the environment with regards to Buyer, or Buyer’s representatives or agents’ handling, transportation, use, storage, and disposal of Product.

Appears in 3 contracts

Samples: General Terms and Conditions for the Sale of Products, General Terms and Conditions for the Sale of Products, General Terms and Conditions for the Sale of Products

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PRODUCT HAZARDS. BUYER ACKNOWLEDGES THAT IT IS FAMILIAR WITH PRODUCT AND HAS BEEN ADEQUATELY WARNED BY SELLER OF THE RISKS ASSOCIATED WITH HANDLING, TRANSPORTING, USING, STORING AND DISPOSING OF PRODUCT, INCLUDING, WITHOUT LIMITATION, THOSE SET FORTH IN SELLER’S SAFETY DATA SHEET FOR PRODUCT (“SDS”), INCLUDING END-USE PROHIBITIONS OR RESTRICTIONS. BUYER FURTHER ACKNOWLEDGES ITS SEPARATE AND INDEPENDENT KNOWLEDGE OF SUCH RISKS, WHICH ARE KNOWN IN BUYER’S INDUSTRY. BUYER AFFIRMS IT HAS RECEIVED AND UNDERSTANDS THE CONTENTS OF SAID SDS. Buyer will maintain compliance with all appropriate safe handling and use procedures, and all safety and health-related governmental requirements concerning Product, and will take such steps as necessary to inform its employees, agents, contractors, customers and other third parties of proper use, storage, and disposal of Product. Such steps include, but are not limited to, dissemination of pertinent information contained in the SDS, as appropriate. Buyer will not deliver or consign commercial or sample quantities of Product to any party whom Buyer reasonably believes will handle, transport, use, store or dispose of said Product in a dangerous manner or contrary to law or the advice of Seller. Buyer hereby agrees that Seller will have the right to immediately cease delivery of Product to Buyer, pursuant to this Contract or otherwise, if, in Seller’s reasonable opinion, Buyer fails to take necessary action to prevent or mitigate imminent endangerment to human health, safety, or the environment with regards to Buyer, or Buyer’s representatives or agents’ handling, transportation, use, storage, and disposal of Product.

Appears in 1 contract

Samples: Marketing Agreement

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