Quality Product Sample Clauses

Quality Product. Labatt Food Service is committed to nationally-known brand merchandise, which will provide Stripes with verifiable consistency in the quality of Products purchased. Labatt will deliver only those Products specified or approved by Stripes, as provided in “PRICING – Level of Participation” herein. Labatt hereby represents, warrants and covenants, as to any Products prepared, altered, manufactured or packaged by Labatt or its affiliates and sold to Stripes in accordance with this Agreement (but not as to any Products that are only distributed by Labatt), that: (i) on the date of delivery, the Products will be in good and merchantable condition and fit for use for the purposes intended and in compliance with the requirements of the Food and Drug Administration’s Good Manufacturing Practices, and any applicable federal, state and local laws including those that govern the manufacture, composition, adulteration, packaging, labeling, sale and security of foods or foodstuffs. This includes compliance with the (a) Federal Food, Drug and Cosmetic Act, as amended, including the Food Additives Amendment of 1958 and the Nutrition Labeling and Education Act of 1990 (the “FDA Act”); (b) Federal Fair Packaging and Labeling Act; (c) Federal Insecticide, Fungicide, and Rodenticide Act; (d) Federal Hazardous Substances Act; (e) Public Health Security and Bioterrorism Preparedness and Response Act of 2002; (f) the Consumer Products Act, as amended and (g) any regulations promulgated pursuant to the foregoing Acts. (ii) no ingredients will be used in the production of such Products that have been subjected to irradiation processes; (iii) the Products will not contain ingredients wholly or partially composed of materials produced by genetic modification or recombinant DNA technology or containing materials derived from ingredients thus produced; and (iv) Labatt (and/or such affiliates) have, and will have at all times relevant hereto, equipment and production capacity necessary to produce the Products in accordance with agreed to Product forecasts and accepted purchase orders.