Common use of Product Representations Clause in Contracts

Product Representations. Seller makes the following representations and warranties with respect to the Products sold hereunder: (a) Each Product shall be manufactured (i) in conformity with all applicable requirements of the Food and Drug Administration (“FDA”) and (ii) in accordance with all applicable United States federal, state and local statutes, ordinances and regulations, including but not limited to the Food, Drug and Cosmetic Act (21 USC 301 et seq.) (the “Act”), as amended from time to time, and the regulations thereunder, including Good Manufacturing Practice Regulations, which are currently in force or which are hereafter adopted. At the time of shipment of any Product, it will not be adulterated or misbranded within the meaning of the Act and will not be a product which would violate any section of the Act if introduced into interstate commerce in the United States. (b) Seller has good and marketable title to, and the right to sell, the Products. (c) The manufacture and sale of the Product, and its use in accordance with all applicable approvals theretofore obtained and Seller’s directions for use, shall not, to the knowledge of Seller, infringe any intellectual property rights of any third parties.