PRODUCT STEWARDSHIP. 10.1. Seller shall accept back, free of charge, any material included in the products and packaging returned, with freight costs refunded by Agilent, from any country that legally requires product take back.
10.2. Seller shall, upon request, provide available environmentally related information regarding all materials included in the products and packaging that Seller ships to Agilent.
PRODUCT STEWARDSHIP. 20.1 AMS shall accept back, free of charge, any material including the Products and packaging returned freight prepaid by Distributor from any country that legally requires product take back from the user at the end of product life.
20.2 AMS shall, upon request, provide available environmentally related information regarding materials included in Products and packaging that AMS ships to Distributor including material safety data sheets.
PRODUCT STEWARDSHIP. Buyer acknowledges the hazards associated with the handling, unloading, discharge, storage, transportation, use, disposition, processing, admixture or reaction (the "Use") of Product supplied under the Agreement and assumes the responsibility of advising those of its employees, agents, contractors, and customers in connection with such Use of the hazards to human health or human or environmental safety, whether such Product is used singly or in combination with other substances or in any processes or otherwise. Buyer acknowledges that it has expertise and knowledge in the handling, processing, storage, transportation and sale of products into which the Product will be incorporated. If Buyer is provided a Safety Data Sheet ("SDS") by Seller for Product, Buyer will advise all of its employees, agents, contractors and customers who will Use the Product of the MSDS, and any supplementary SDS or written warnings that it may receive from Seller from time-to-time. In addition, if Xxxxx believes or has reason to believe the SDS or other information provided to Buyer by Seller is inaccurate or in any way insufficient for any purpose, Buyer will immediately notify Seller of the same, and provide Seller a reasonable opportunity to supplement or correct the information. Failure of Buyer to timely provide such notice will be deemed a waiver by Xxxxx of any and all claims, demands or causes of action for personal injury, damage to the environment or property arising from or attributable to the Use of Product. To the fullest extent permitted by Law, Buyer will defend, indemnify and hold Seller, its affiliates and their respective employees, officers, directors and stockholders (collectively "Indemnitees") harmless from and against any and all claims, demands, lawsuits, causes of action, strict liability claims, penalties, fines, administrative law actions and orders, expenses (including attorneys' fees and expenses) and costs and liabilities of every kind and character ("Claims") which may arise for any reason whatsoever, including personal injuries, death, damage to property or to the environment, regardless of whether based on negligence, strict liability, contract, or breach of warranty, arising out of or related to a breach of its obligations under this Agreement or the sale or Use of Product or material made in whole or in part from Product sold hereunder. Seller reserves the right, among other remedies, either to cancel this Agreement or suspend further deliveries ...
PRODUCT STEWARDSHIP. Purchaser and Seller will mutually establish a Product stewardship program to assist end-use customers in the safe handling and responsible use of Biodiesel products purchased and sold hereunder. Seller will provide to Purchaser product information and material safety data sheets for all Biodiesel products.
PRODUCT STEWARDSHIP. Seller shall furnish Arxada, prior to the first delivery, Seller's current Material Safety Data Sheet and other literature pertaining to the hazards associated therewith and the precautions which should be observed with respect thereto. Seller shall promptly furnish Arxada copies of any revisions to any of the same issued by Seller during the term of this Agreement.
PRODUCT STEWARDSHIP. Seller shall furnish Lonza, prior to the first delivery, Seller's current Material Safety Data Sheet and other literature pertaining to the hazards associated therewith and the precautions which should be observed with respect thereto. Seller shall promptly furnish Lonza copies of any revisions to any of the same issued by Seller during the term of this Agreement.
PRODUCT STEWARDSHIP. 18.1 CUSTOMER acknowledges that it has requested DOW to contract manufacture Product for CUSTOMER pursuant to instructions and specifications provided to DOW by CUSTOMER. CUSTOMER represents that it has used its own independent skill and expertise in connection with the design, selection and use of the Product (including other goods which incorporate Product as a component) and that it possesses skill and expertise in the handling, storage, transportation, treatment, use and disposal of the Product (including other goods which incorporate Product as a component). CUSTOMER shall accept and agree to be bound by appropriate product stewardship guidelines, including but not limited to: (a) responsibility for providing Material Safety Data Sheets, (b) following safe handling, use, selling, storage, transportation, treatment and disposal practices (including special practices as CUSTOMER's use of the Product requires) and instruct its employees, contractors (including DOW), agents and customers in these practices (including the information contained in the most current Material Safety Data Sheet), (c) taking appropriate action to avoid spills or other dangers to persons, property or the environment, and (d) understanding and complying (and has complied) with all applicable governmental statutes, rules, regulations and ordinances including, without limitation, those promulgated by the FDA and EPA.
18.2 DOW shall report to CUSTOMER, in writing and as promptly as practicable, any complaints it receives concerning the Product, including any regulatory complaints. CUSTOMER shall be responsible for handling such complaints, and DOW shall cooperate to the extent reasonably requested by CUSTOMER. CUSTOMER shall promptly disclose to DOW any information which becomes available to it relating to alleged side effects, toxicity or other adverse effects allegedly caused by the Product (including other goods which incorporate Product as a component).
PRODUCT STEWARDSHIP. 4.4.1 Each Party shall use its reasonable efforts to abide by sound Safety, Health and Environment (SH&E) principles contained in the Responsible Care® Program (located at xxxx://xxxxxxxxxxxxxxx.xxxxxxxxxxxxxxxxx.xxx/), as published and periodically updated by the American Chemistry Council (or an equivalent and relevant industry standard agreed to by the Parties in writing), and to comply with all Applicable Laws. In doing so, each Party agrees to the following measures:
4.4.1.1 as the manufacturer of the Products, the Seller shall be responsible for exercising effective product stewardship over the Products with regard to its customers, including the Buyer, and other product users, its employees, contractors, distributors, vendors, etc. The Seller agrees that such responsibility shall include, specifically as to the Buyer, the following obligations:
(a) the Seller shall operate the Seller Facility in accordance with generally accepted practices of the chemical industry;
(b) to the extent known to the Seller, the Seller shall notify, and provide all relevant information to, the Buyer on a timely basis consistent with Applicable Law regarding hazard data reclassification and any change in composition, packaging or manufacturing that might materially impact the composition of any Product supplied hereunder including its accompanying impurities;
(c) the Seller shall not ship any chemical substance or product not specifically included by name in this Agreement unless otherwise agreed to in writing by the Buyer;
(d) the Seller shall include on the Material Safety Data Sheet (“MSDS”) and Safety Data Sheets (“SDS”) for any Product supplied hereunder (i) all information required by Applicable Law as of the date hereof and (ii) any information provided by Buyer under clause 4.5.2.3 below and (iii) any additional information that the Seller deems appropriate.
4.4.1.2 as the purchaser of the Products, the Buyer shall be responsible for exercising effective product stewardship over the Products with regard to its customers and other product users, its employees, contractors, distributors, vendors, etc. The Buyer agrees that such responsibility shall include the following:
(a) the Buyer shall, to the extent the Buyer has received documents and information from Seller, including any MSDS or SDS and product information bulletins, containing the Seller's safety and health information concerning all Products deliverable hereunder, review such information and use commercia...
PRODUCT STEWARDSHIP. Buyer acknowledges that it has been adequately warned by Seller of the risks associated with handling, using, transporting, storing and disposing of Seller’s Products, as applicable, and that it has separate and independent knowledge of such risks, which are known in its industry, (ii) that it has received the Seller’s Safety Data Sheet (“SDS”) for each Product, as the case may be, (iii) that it is familiar with the same, and (iv) that it understands the contents of the Seller’s SDS. Seller and Xxxxx acknowledge the shared goal of safe storage, handling, distribution, use and disposal of the Products. Seller and Buyer agree that they and their employees, agents and contractors will handle the Products in a safe and appropriate manner pursuant to applicable laws. Seller and Buyer will adequately train all of their employees, agents and contractors with respect to the use and handling of the Products, and Buyer promptly will notify Seller in the event of any reportable spills/releases of the Products.
PRODUCT STEWARDSHIP. The parties agree to adhere to and use their best efforts to comply with an implement the RESPONSIBLE CARE initiative developed by the Chemical Manufacturers Association (CMA), whether or not both parties are members of CMA. This duty includes, but is not limited to, adherence to the GUIDING PRINCIPLES for RESPONSIBLE CARE and implementation of the six CODES OF MANAGEMENT PRACTICES. In the event either party fails to comply with the RESPONSIBLE CARE provisions set out above, the non-complying party shall have thirty (30) days to cure such non-compliance, otherwise the complying party shall have the right to immediately terminate this Agreement, without liability, except for any liability for already-incurred imbalances.
