Common use of Product Quality and Warranties Clause in Contracts

Product Quality and Warranties. Seller warrants that it has good title to the Products sold to Buyer and the Products are free and clear from all liens and encumbrances. No substitution of Products may be made by Seller without the express written consent of Buyer. Seller warrants that the Products are free from defects in material and workmanship at the time of shipment from Seller's facility. Seller further warrants that the Products will, as of the date of shipment by Seller, be properly manufactured, processed, blended, branded and labeled within the meaning of the federal Food, Drug and Cosmetic Act, and therefore may be introduced into interstate commerce. Seller's obligations under this limited warranty are limited to replacement of the Product. Buyer must notify Seller within 30 days of physical receipt of the Product of nonconformance with this limited warranty. Seller shall pay any and all freight or shipping charges actually incurred by Buyer for return of incorrect shipments or Product received in a damaged condition by Buyer. As an alternative to replacement, Seller may, in its sole discretion, refund the invoice cost of the returned Product. THE FOREGOING SHALL BE THE SOLE AND EXCLUSIVE REMEDY WHETHER IN CONTRACT, TORT OR OTHERWISE. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT AS SPECIFICALLY SET FORTH HEREIN.

Product Quality and Warranties. Seller warrants that it has good title to the Products sold to Buyer and the Products are free and clear from all liens and encumbrances. No substitution of Products may be made by Seller without the express written consent of Buyer. Seller warrants that the Products are free from defects in material and workmanship at the time of shipment from Seller's facility. Seller further warrants that the Products will, as of the date of shipment by Seller, be properly manufactured, processed, blended, branded and labeled within the meaning of the federal Food, Drug and Cosmetic Act, and therefore may be introduced into interstate commerce. Seller's obligations under this limited warranty are limited to replacement of the Product. Buyer must notify Seller within 30 days of physical receipt of the Product of nonconformance with this limited warranty. Seller shall pay any and all freight or shipping charges actually incurred by Buyer for return of incorrect shipments or Product received in a damaged condition by Buyer. As an alternative to replacement, Seller may, in its sole discretion, refund the invoice cost of the returned Product. THE FOREGOING SHALL BE THE SOLE AND EXCLUSIVE REMEDY WHETHER IN CONTRACT, TORT OR OTHERWISE. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT AS SPECIFICALLY SET FORTH HEREIN.