Common use of Representations, Warranties and Guarantees Clause in Contracts

Representations, Warranties and Guarantees. By acceptance of an Order, Supplier represents, warrants and guarantees that: (a) The Merchandise will be new and not used, remanufactured, reconditioned or refurbished, and will comply with all specifications contained in such Order and will be of equal or better quality as all samples delivered to Company; (b) The Merchandise is genuine and is not counterfeit, adulterated, misbranded, falsely labeled or advertised or falsely invoiced within the meaning of any applicable local, state or federal laws or regulations; (c) The Merchandise has been labeled, advertised and invoiced in accordance with the requirements (if applicable) of the Wool Products Labeling Act of 1939, the Fur Products Labeling Act, the Textile Fiber Products Identification Act and any other applicable local, state or federal laws or regulations, and the sale of the Merchandise by Company does not and will not violate any such laws; (d) Reasonable and representative tests made in accordance with the requirements of the Flammable Fabrics Act (if applicable) show that the Merchandise is not so highly flammable as to be dangerous when worn by individuals; (e) The Merchandise is properly labeled as to content as required by applicable Federal Trade Commission Trade Practice Rules, the Fair Labor Standards Act, the Federal Food, Drug and Cosmetics Act and similar local, state or federal laws, rules or regulations; (f) The Merchandise shall be delivered in good and undamaged condition and shall, when delivered, be merchantable and fit and safe for the purposes for which the same are intended to be used, including but not limited to consumer use; (g) The Merchandise does not infringe upon or violate any patent, copyright, trademark, trade name, trade dress, trade secret or, without limitation, any other rights belonging to others, and all royalties owed by Supplier, if any, have been paid to the appropriate licensor; (h) All weights, measures, sizes, legends or descriptions printed, stamped, attached or otherwise indicated with regard to the Merchandise are true and correct, and conform and comply with all laws, rules, regulations, ordinances, codes and/or standards of federal, state and local governments relating to said Merchandise; (i) The Merchandise is not in violation of any other laws, ordinances, statutes, rules or regulations of the United States or any state or local government or any subdivision or agency thereof, including but not limited to all laws and regulations relating to health, safety, environment, serial and identification numbers, labeling and country of origin designation, toxic substances, OSHA and EPA regulations, Federal Meat Inspection Act or Poultry Products Inspections Act (or any other food safety statute) and the requirements of California Proposition 65, and such Merchandise or the sale thereof by Company do not and will not violate any such laws; (j) All Merchandise shall have an accurate twelve (12) digit manufacturer−assigned UPC number that complies with Companys UPC requirements, as amended from time to time; (k) There is no other impediment or restriction, legal or otherwise, that limits, prohibits or prevents Supplier from selling and delivering the Merchandise to Company or limits, prohibits or prevents Company from reselling the Merchandise to its customers; (l) The Merchandise is mined, produced, manufactured, assembled and packaged in compliance with the Standards; and (m) The Merchandise is not transshipped for the purpose of mislabeling, evading quota or country of origin restrictions or avoiding compliance with the Standards. Where applicable, Supplier agrees to provide Company with a current, complete and accurate Material Safety Data Sheet (“MSDS”) for said Merchandise; (n) if any particular item of Merchandise under this Agreement contains a powder, liquid, gel or paste that is not intended for human consumption; a compressed gas or propellant (such as an aerosol); or a flammable solid (such as matches), Supplier shall notify Company. If the item Merchandise contains such properties, Companys Chemicals Return Policy shall govern all returns of such Merchandise and Supplier shall promptly elect return options under that policy. It shall be within the sole discretion of Company to determine if Supplier has breached the above−mentioned representations, warranties and guarantees. In addition to the representations, warranties and guarantees contained in this paragraph, all other representations, warranties and guarantees provided by law, including but not limited to any warranties provided by the Uniform Commercial Code, are specifically incorporated herein. Nothing contained in this Agreement or an Order shall be deemed a waiver of any representations, warranties or guarantees implied by law.

Representations, Warranties and Guarantees. By acceptance of an Order, Supplier represents, warrants and guarantees that: (a) The Merchandise will be new and not used, remanufactured, reconditioned or refurbished, and will comply with all specifications contained in such Order and will be of equal or better quality as all samples delivered to Company; (b) The Merchandise is genuine and is not counterfeit, adulterated, misbranded, falsely labeled or advertised or falsely invoiced within the meaning of any applicable local, state or federal laws or regulations; (c) The Merchandise has been labeled, advertised and invoiced in accordance with the requirements (if applicable) of the Wool Products Labeling Act of 1939, the Fur Products Labeling Act, the Textile Fiber Products Identification Act and any other applicable local, state or federal laws or regulations, and the sale of the Merchandise by Company does not and will not violate any such laws; (d) Reasonable and representative tests made in accordance with the requirements of the Flammable Fabrics Act (if applicable) show that the Merchandise is not so highly flammable as to be dangerous when worn by individuals; (e) The Merchandise is properly labeled as to content as required by applicable Federal Trade Commission Trade Practice Rules, the Fair Labor Standards Act, the Federal Food, Drug and Cosmetics Act and similar local, state or federal laws, rules or regulations; (f) The Merchandise shall be delivered in good and undamaged condition and shall, when delivered, be merchantable and fit and safe for the purposes for which the same are intended to be used, including but not limited to consumer use; (g) The Merchandise does not infringe upon or violate any patent, copyright, trademark, trade name, trade dress, trade secret or, without limitation, any other rights belonging to others, and all royalties owed by Supplier, if any, have been paid to the appropriate licensor; (h) All weights, measures, sizes, legends or descriptions printed, stamped, attached or otherwise indicated with regard to the Merchandise are true and correct, and conform and comply with all laws, rules, regulations, ordinances, codes and/or standards of federal, state and local governments relating to said Merchandise; (i) The Merchandise is not in violation of any other laws, ordinances, statutes, rules or regulations of the United States or any state or local government or any subdivision or agency thereof, including but not limited to all laws and regulations relating to health, safety, environment, serial and identification numbers, labeling and country of origin designation, toxic substances, OSHA and EPA regulations, Federal Meat Inspection Act or Poultry Products Inspections Act (or any other food safety statute) and the requirements of California Proposition 65, and such Merchandise or the sale thereof by Company do not and will not violate any such laws; (j) All Merchandise shall have an accurate twelve (12) digit manufacturer−assigned manufacturer-assigned UPC number that complies with Companys UPC requirements, as amended from time to time; (k) There is no other impediment or restriction, legal or otherwise, that limits, prohibits or prevents Supplier from selling and delivering the Merchandise to Company or limits, prohibits or prevents Company from reselling the Merchandise to its customers; (l) The Merchandise is mined, produced, manufactured, assembled and packaged in compliance with the Standards; and (m) The Merchandise is not transshipped for the purpose of mislabeling, evading quota or country of origin restrictions or avoiding compliance with the Standards. Where applicable, Supplier agrees to provide Company with a current, complete and accurate Material Safety Data Sheet (“MSDS”) for said Merchandise; (n) if any particular item of Merchandise under this Agreement contains a powder, liquid, gel or paste that is not intended for human consumption; a compressed gas or propellant (such as an aerosol); or a flammable solid (such as matches), Supplier shall notify Company. If the item Merchandise contains such properties, Companys Chemicals Return Policy shall govern all returns of such Merchandise and Supplier shall promptly elect return options under that policy. It shall be within the sole discretion of Company to determine if Supplier has breached the above−mentioned above-mentioned representations, warranties and guarantees. In addition to the representations, warranties and guarantees contained in this paragraph, all other representations, warranties and guarantees provided by law, including but not limited to any warranties provided by the Uniform Commercial Code, are specifically incorporated herein. Nothing contained in this Agreement or an Order shall be deemed a waiver of any representations, warranties or guarantees implied by law.

Representations, Warranties and Guarantees. By acceptance of an Order, Supplier represents, warrants and guarantees that: (a) The Merchandise will be new and .and not used, ,. remanufactured, reconditioned or or. refurbished, and will comply with all specifications contained in such Order and will be of equal or better quality as all samples delivered to Company; (b) The Merchandise is genuine and is not counterfeit, adulterated, misbranded, falsely labeled or advertised or falsely invoiced within the meaning of any applicable local, state or federal laws or regulations; (c) The Merchandise has been labeled, advertised and invoiced in accordance with the requirements (if applicable) of the Wool Products Labeling Act of 1939, the Fur Products Labeling Act, the Textile Fiber Products Identification Act and any other all applicable local, state or federal laws or regulations, and the sale of the Merchandise by Company does not and will not violate any such laws; (d) Reasonable and representative tests made in accordance with the requirements of the Flammable Fabrics Act (if applicable) all applicable laws, regulations, statutes and industrial standards show that the Merchandise is not so highly highly, flammable as to be dangerous when worn by individuals; (e) The content of the label and the way of fixing the label for Merchandise is properly labeled as to content as required by meet the requirements of all applicable Federal Trade Commission Trade Practice Rules, the Fair Labor Standards Act, the Federal Food, Drug and Cosmetics Act and similar local, state or federal laws, rules or and regulations; (f) The Merchandise shall be delivered in good and undamaged condition and shall, when delivered, be merchantable and fit and safe for the purposes for which the same are intended to be used, including but not limited to consumer use; (g) The Merchandise does not infringe upon or violate any patent, copyright, trademark, trade name, trade dress, trade secret or, without limitation, any other rights belonging to others, and all royalties owed by Supplier, if any, have been paid to the appropriate licensor; (h) All weights, measures, sizes, legends or descriptions printed, stamped, attached or otherwise indicated with regard to the Merchandise are true and correct, and conform and comply with all applicable laws, rules, regulations, ordinances, codes and/or standards of federal, state and local governments relating to said Merchandise; (i) The Merchandise is not in violation of any other laws, ordinances, statutes, rules or regulations of the United States People's Republic of China or any state or of its local government or any subdivision or agency thereof, including but not limited to all laws and regulations relating to health, safety, environment, serial and identification numbers, labeling and country of origin designation, toxic substances, OSHA and EPA regulations, Federal Meat Inspection Act or Poultry Products Inspections Act (or any other food safety statute) and the requirements of California Proposition 65, and such Merchandise or the sale thereof by Company do not and will not violate any such laws; (j) All Merchandise shall have an accurate twelve (12) digit manufacturer−assigned a Supplier-.assigned ENA/UPC number that complies with Companys Company's ENA/UPC requirements, as amended from time to time; (k) There is no other impediment or restriction, legal or otherwise, that limits, prohibits or prevents Supplier from selling and delivering the Merchandise to Company or limits, prohibits or prevents Company from reselling the Merchandise to its customers; (l) The Merchandise is mined, produced, manufactured, assembled assembled, packaged and packaged changed for place of manufacture in compliance with the Standards; andOrder, Standards and all applicable laws and regulations; (m) The Merchandise is not transshipped for the purpose of mislabeling, evading quota or country of origin restrictions or avoiding compliance with the Standards. Where applicableOrder, Supplier agrees to provide Company with a current, complete Standards and accurate Material Safety Data Sheet (“MSDS”) for said Merchandiseapplicable laws and regulations; (n) if any particular item the Merchandises conform to and are manufactured or produced in accordance with the Merchandise Presentation Sheet submitted to and accepted by Company; and (o) Supplier's sale of Merchandise under Merchandises to Company pursuant to this Agreement contains a powder, liquid, gel or paste that is and the Order will not intended for human consumption; a compressed gas or propellant (such as an aerosol); or a flammable solid (such as matches), Supplier shall notify Company. If the item Merchandise contains such properties, Companys Chemicals Return Policy shall govern all returns of such Merchandise and Supplier shall promptly elect return options under that policybe cancelled by any third party. It shall be within the sole discretion of Company to determine if Supplier has breached the above−mentioned above-mentioned representations, warranties and guarantees. In addition to the representations, warranties and guarantees contained in this paragraph, all other representations, warranties and guarantees provided by law, including but not limited to any warranties provided by the Uniform Commercial CodeContract Law and the Law for Security Interest of the People's Republic of China, are specifically incorporated herein. Nothing contained in this Agreement or an Order shall be deemed a waiver of any representations, warranties or guarantees implied by law.

Representations, Warranties and Guarantees. By acceptance of an Order, Supplier represents, warrants and guarantees that: (a) The Merchandise will be new and not used, remanufactured, reconditioned or refurbished, and will comply with all specifications contained in such Order and will be of equal or better quality as all samples delivered to Company; (b) The Merchandise is genuine and is not counterfeit, adulterated, misbranded, falsely labeled or advertised or falsely invoiced within the meaning of any applicable local, state or federal laws or regulations; (c) The Merchandise has been labeled, advertised and invoiced in accordance with the requirements (if applicable) of the Wool Products Labeling Act of 1939, the Fur Products Labeling Act, the Textile Fiber Products Identification Act and any other applicable local, state or federal laws or regulations, and the sale of the Merchandise by Company does not and will not violate any such laws; (d) Reasonable and representative tests made in accordance with the requirements of the Flammable Fabrics Act (if applicable) show that the Merchandise is not so highly flammable as to be dangerous when worn by individuals; (e) The Merchandise is properly labeled as to content as required by applicable Federal Trade Commission Trade Practice Rules, the Fair Labor Standards Act, the Federal Food, Drug and Cosmetics Act and similar local, state or federal laws, rules or regulations; (f) The Merchandise shall be delivered in good and undamaged condition and shall, when delivered, be merchantable and fit and safe for the purposes for which the same are intended to be used, including but not limited to consumer use; (g) The Merchandise does not infringe upon or violate any patent, copyright, trademark, trade name, trade dress, trade secret or, without limitation, any other rights belonging to others, and all royalties owed by Supplier, if any, have been paid to the appropriate licensor; (h) All weights, measures, sizes, legends or descriptions printed, stamped, attached or otherwise indicated with regard to the Merchandise are true and correct, and conform and comply with all laws, rules, regulations, ordinances, codes and/or standards of federalFederal, state and local governments relating to said Merchandise; (i) The Merchandise is not in violation of any other laws, ordinances, statutes, rules or regulations of the United States or any state or local government or any subdivision or agency thereof, including but not limited to all laws and regulations relating to health, safety, environment, serial and identification numbers, labeling and country of origin designation, toxic substances, OSHA and EPA regulations, Federal Meat Inspection Act or Poultry Products Inspections Act (or any other food safety statute) and the requirements of California Proposition 65, and such Merchandise or the sale thereof by Company do not and will not violate any such laws; (j) All Merchandise shall have an accurate twelve (12) digit manufacturer−assigned manufacturer-assigned UPC number that complies with Companys Company's UPC requirements, as amended from time to time; (k) There is no other impediment or restriction, legal or otherwise, otherwise that limits, prohibits or prevents Supplier from selling and delivering the Merchandise to Company or limits, prohibits or prevents Company from reselling the Merchandise to its customers; (l) The Merchandise is mined, produced, manufactured, assembled and packaged in compliance with the Standards; and and (m) The Merchandise is not transshipped for the purpose of mislabeling, evading quota or country of origin restrictions or avoiding compliance with the Standards. Where applicable, Supplier agrees to provide Company with a current, complete and accurate Material Safety Data Sheet (“"MSDS”") for said Merchandise; (n) if any particular item of Merchandise under this Agreement contains a powder, liquid, gel or paste that is not intended for human consumption; a compressed gas or propellant (such as an aerosol); or a flammable solid (such as matches), Supplier shall notify Company. If the item Merchandise contains such properties, Companys Chemicals Return Policy shall govern all returns of such Merchandise and Supplier shall promptly elect return options under that policy. It shall be within the sole discretion of Company to determine if Supplier has breached the above−mentioned above-mentioned representations, warranties and guarantees. In addition to the representations, warranties and guarantees contained in this paragraph, all other representations, warranties and guarantees provided by law, including but not limited to any warranties provided by the Uniform Commercial Code, are specifically incorporated herein. Nothing contained in this Agreement or an Order shall be deemed a waiver of any representations, warranties or guarantees implied by law.

Representations, Warranties and Guarantees. By acceptance of an Order, Supplier represents, warrants and guarantees that: (a) The Merchandise will be new and not used, remanufactured, reconditioned or refurbished, and will comply with all specifications contained in In such Order and will be of equal or better quality as all samples delivered to Company; (b) The Merchandise is Is genuine and is not counterfeit, adulterated, misbranded, falsely labeled or advertised or falsely invoiced within the meaning of any applicable local, state or federal laws or regulations; (c) The Merchandise has been labeled, advertised and invoiced in accordance with the requirements (if applicable) of the Wool Products Labeling Act of 1939, the Fur Products Labeling Act, the Textile Fiber Products Identification Act and any other applicable local, state or federal laws or regulations, and the sale of the Merchandise by Company does not and will not violate any such laws; (d) Reasonable and representative tests made in accordance with the requirements of the Flammable Fabrics Act (if applicable) show that the Merchandise is not so highly flammable as to be dangerous when worn by individuals; (e) The Merchandise is properly labeled as to content as required by applicable Federal Trade Commission Trade Practice Rules, the Fair Labor Standards Act, the Federal Food, Drug and Cosmetics Act and similar local, state or federal laws, rules or regulations; (f) The Merchandise shall be delivered in good and undamaged condition and shall, when delivered, be merchantable and fit and safe for the purposes for which the same are intended to be used, including but not limited to consumer use; (g) The Merchandise does not infringe upon or violate any patent, copyright, trademark, trade name, trade dress, trade secret or, without limitation, any other rights belonging to others, and all royalties owed by Supplier, if any, have been paid to the appropriate licensor; (h) All weights, measures, sizes, legends or descriptions printed, stamped, attached or otherwise indicated with regard to the Merchandise are true and correct, and conform and comply with all laws, rules, regulations, ordinances, codes and/or standards of federal, state and local governments relating to said Merchandise; (i) The Merchandise is Is not in In violation of any other laws, ordinances, statutes, rules or regulations of the United States or any state or local government or any subdivision or agency thereof, including but not limited to all laws and regulations relating to health, safety, environment, serial and identification numbers, labeling and country of origin designation, toxic substances, OSHA and EPA regulations, Federal Meat Inspection Act or Poultry Products Inspections Act (or any other food safety statute) and the requirements of California Proposition 65, and such Merchandise or the sale thereof by Company do not and will not violate any such laws; (j; Q) All Merchandise shall have an accurate twelve (12) digit manufacturer−assigned manufacturer-assigned UPC number that complies with Companys UPC requirements, as amended from time to time; (k) There is no other impediment or restriction, legal or otherwise, that limits, prohibits or prevents Supplier from selling and delivering the Merchandise to Company or limits, prohibits or prevents Company from reselling the Merchandise to its customers; (l1) The Merchandise is mined, produced, manufactured, assembled and packaged in compliance with the Standards; and (m) The Merchandise is not transshipped for the purpose of mislabeling, evading quota or country of origin restrictions or avoiding compliance with the Standards. Where applicable, Supplier agrees to provide Company with a current, complete and accurate Material Safety Data Sheet (“"MSDS”") for said Merchandise; (n) if any particular item of Merchandise under this Agreement contains a powder, liquid, gel or paste that is not intended for human consumption; a compressed gas or propellant (such as an aerosol); or a flammable solid (such as matches), Supplier shall notify Company. If the item Merchandise contains such properties, Companys Chemicals Return Policy shall govern all returns of such Merchandise and Supplier shall promptly elect return options under that policy. It shall be within the sole discretion of Company to determine if Supplier has breached the above−mentioned above-mentioned representations, warranties and guarantees. In addition to the representations, warranties and guarantees contained in this paragraph, all other representations, warranties and guarantees provided by law, including but not limited to any warranties provided by the Uniform Commercial Code, are specifically incorporated herein. Nothing contained in this Agreement or an Order shall be deemed a waiver of any representations, warranties or guarantees implied by law.

Representations, Warranties and Guarantees. By acceptance of an Orderthis Agreement, Supplier Company represents, warrants and guarantees that: (a) The Merchandise Products and merchandise will be new (but may be manufactured from recycled materials) and not used, remanufactured, reconditioned or refurbished, and will comply with all specifications contained herein and in such Order orders communicated to Company and will be of equal or better quality as all samples delivered to CompanyFujicolor; (b) The Merchandise Products and merchandise is genuine and is not counterfeit, adulterated, misbranded, falsely labeled or advertised or falsely invoiced within the meaning of any applicable local, state or federal laws or regulations; (c) The Merchandise Products and merchandise has been labeled, advertised and invoiced in accordance with the requirements (if applicable) of the Wool Products Labeling Act of 1939, the Fur Products Labeling Act, the Textile Fiber Products Identification Act Act, the CPSIA and any other applicable local, state or federal laws or regulations, and the sale of the Merchandise merchandise by Company Fujicolor does not and will not violate any such laws; (d) Reasonable reasonable and representative tests made in accordance with the requirements of the Flammable Fabrics Act (if applicable) show that the Merchandise Products and merchandise is not so highly flammable as to be dangerous when worn by individuals; (e) The Merchandise Products and merchandise is properly labeled as to content as required by applicable Federal Trade Commission Trade Practice Rules, the Fair Labor Standards Act, the Federal Food, Drug and Cosmetics Act and similar local, state or federal laws, rules or regulations; (f) The Merchandise Products and merchandise shall be delivered in good and undamaged condition and shall, when delivered, be merchantable and fit and safe for the purposes for which the same are intended to be used, including including, but not limited to to, consumer use; (g) The Merchandise Products and merchandise does not infringe upon or violate any patent, copyright, trademark, trade name, trade dress, trade secret secret, Fujicolor’s Copyright Policy and Unsuitable Print Policy, as set forth on Attachment 3 attached hereto and as may be amended from time to time by Fujicolor or, without limitation, any other rights belonging to others, and all royalties owed by SupplierCompany to any third parties, if any, have been paid to the appropriate licensor; (h) All all weights, measures, sizes, legends or descriptions printed, stamped, attached or otherwise indicated with regard to the Merchandise Products and merchandise are true and correct, and conform and comply with all laws, rules, regulations, ordinances, codes and/or standards of federal, state and local governments relating to said MerchandiseProducts and merchandise; (i) The Merchandise the shipment of customer orders is not in violation of any laws, ordinances, statutes, rules or regulations of the United States or any state or local government or any subdivision or agency thereof concerning the transportation of Products and merchandise, including, without limitation, the Hazardous Materials Transportations Act, U.S. Department of Transportation Hazardous Material Regulations and Federal Aviation Regulations; (j) Products and merchandise is not in violation of any other applicable laws, ordinances, statutes, rules or regulations of the United States or any state or local government or any subdivision or agency thereof, including including, but not limited to to, all laws and regulations relating to health, safety, environment, serial and identification numbers, labeling and country of origin designation, toxic substances, OSHA and EPA regulations, Federal Meat Inspection Act or Poultry Products Inspections Act (or any other food safety statute) and the requirements of California Proposition 65, and such Merchandise merchandise or the sale thereof by Company Fujicolor do not and will not violate any such laws; (jk) All Merchandise all Products and merchandise shall have an accurate twelve (12) digit manufacturer−assigned manufacturer-assigned UPC number that complies with Companys Fujicolor’s UPC requirements, as amended from time to timetime after reasonable written notice to Company; (kl) There there is no other impediment or restriction, legal or otherwise, that limits, prohibits or prevents Supplier Company from selling and delivering the Merchandise Products and merchandise to Company Fujicolor’s customers or limits, prohibits or prevents Company Fujicolor from reselling selling the Merchandise Products and merchandise to its customers; (lm) The Merchandise Products and merchandise is mined, produced, manufactured, assembled and packaged in compliance with the Fujicolor’s standards for Company, as amended from time to time by Fujicolor (“Fujicolor Standards; and”); (mn) The Merchandise Products and merchandise is not transshipped for the purpose of mislabeling, evading quota or country of origin restrictions or avoiding compliance with the Fujicolor Standards. Where ; and (o) for any digital image in which Company has notice of its potential violation of United States copyright law or of Fujicolor’s Copyright Policy or Fujicolor’s Unsuitable Print Policy, attached hereto as Attachment 3, as may be amended from time to time, it shall not print, or shall destroy such print immediately upon acquiring such knowledge; and where applicable, Supplier Company agrees to provide Company Fujicolor with a current, complete and accurate Material Safety Data Sheet (“MSDS”) for said Merchandise; Products and merchandise. With regard to Content provided to Fujicolor hereunder, Company further represents and warrants that it has all necessary rights to grant the rights and licenses granted hereunder and it shall be solely responsible for securing the rights and licenses from the respective intellectual property rights holders of Content provided hereunder, and that Content does not and will not (ni) if infringe upon any particular item third party intellectual property rights, privacy rights or publicity rights, (ii) be deceptive, misleading or inaccurate or defame or otherwise injure any party, or (iii) violate any law, statute, ordinance, governmental administrative order, rule or regulation; and Company hereby guarantees that all products and materials it supplies, now or in the future, to Fujicolor or its customers, shall at all times fully comply with all applicable rules, bans, standards, labeling, and all other requirements of Merchandise under the CPSIA, as it may be amended from time to time, and all other applicable federal, state, local and foreign statutes, laws, regulations, and rules, whether now or hereinafter in effect; The Parties agree that Company’s warranties and representations regarding Content set forth in this Agreement contains a powder, liquid, gel or paste that is Section 10 shall not intended for human consumption; a compressed gas or propellant (such as an aerosol); or a flammable solid (such as matches), Supplier shall notify Company. If apply to any Modified Content to the item Merchandise contains such properties, Companys Chemicals Return Policy shall govern all returns extent of such Merchandise modifications. Customer further represents and Supplier warrants that it shall promptly elect return options under (i) avoid deceptive, misleading or unethical practices that policy. It shall are or might be within detrimental to Fujicolor or Fujicolor’s products, including, but not limited to, disparagement of Fujicolor or its products; (ii) make no false or misleading representations with regard to Fujicolor or its products; (iii) not publish or cooperate in the sole discretion publication or creation of Company any misleading or deceptive advertising materials; and (iv) include Fujicolor’s appropriate trademarks on all materials provided by or belonging to determine if Supplier has breached the above−mentioned representations, warranties and guaranteesFujicolor. In addition to the representations, warranties and guarantees contained in this paragraph, all other representations, warranties and guarantees provided by law, including including, but not limited to to, any warranties provided by the Uniform Commercial Code, are specifically incorporated herein. Nothing contained in , except that to the extent of any direct conflict between any representation, warranty, or guarantee provided by law and this Agreement, this Agreement or an Order shall be deemed a waiver of any representations, warranties or guarantees implied by lawprevail.