Common use of Warranties and Claims Clause in Contracts

Warranties and Claims. TO THE EXTENT PERMITTED BY LAW, ALL CONDITIONS, WARRANTIES OR OBLIGAIONS WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, INCLUDING SPECIFICALLY ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED AND THE PROVISIONS OF THE AGREEMENT SHALL APPLY IN LIEU THEREOF. 11.1. The Seller warrants that Products delivered in accordance with the Agreement meet the Seller's standard specification for the Products or such other specifications as have been expressly agreed between the Seller and the Buyer and that the Products are adequately contained, packaged and labeled and conform to the premises and affirmations of fact made on the container and label. 11.2. The Buyer represents and declares that it is aware that the Products, by their very nature, are hazardous and shall apply the necessary professional and legal standards of diligence and the Seller's instructions regarding the use, handling, storage and maintenance of the Products. If any claim is brought subject to the conditions mentioned above, the Buyer must prove to the satisfaction of the Seller that the Buyer applied said standards and instructions. 11.3. This warranty is specifically made and limited to Buyer in respect of the Products actually manufactured by Seller, and in respect of other Products sold, but not manufactured, by Seller, to the extent of the liability assumed by Seller's supplier. No warranty is made to any other person, firm or company, whether subsequent Buyer or user, or to any bailee, licensee, assignee, employee, agent or otherwise. 11.4. Buyer must determine for itself, by preliminary tests or otherwise, the suitability of the Products for Buyer's purpose and the substances present or not present in the Products. Seller warrants only that the Products shall meet the specifications identified in Purchase Order. 11.5. Seller makes no other warranty, express or implied, except as expressly provided herein. In furtherance, and not in limitation, of the foregoing, Seller makes no warranty that the Products are merchantable or fit for any particular purpose, or with respect to freedom from infringement of any patent and/or copyright resulting from Buyer’s use of products or Seller’s information.

Warranties and Claims. TO THE EXTENT PERMITTED BY LAW, ALL CONDITIONS, WARRANTIES OR OBLIGAIONS OBLIGATIONS WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, INCLUDING SPECIFICALLY ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED AND THE PROVISIONS OF THE AGREEMENT SHALL APPLY IN LIEU THEREOF. 11.1. The • Seller warrants that that, as of the date of the delivery by Seller, Products delivered in accordance with the Agreement meet the Seller's ’s standard specification specifications for the Products or such other specifications as have been expressly agreed between the Seller and the Buyer and that the Products are adequately contained, packaged and labeled and conform to the premises and affirmations of fact made on the container and label. 11.2Buyer. The • Buyer represents and declares that it is aware that the Products, by their very nature, are hazardous and shall apply the necessary professional and legal standards of diligence and the Seller's ’s instructions regarding the use, handling, storage and maintenance of the Products. If any claim is brought subject to the conditions mentioned above, the Buyer must prove to the satisfaction of the Seller that the Buyer applied said standards and instructions. 11.3. • This warranty is specifically made and limited to Buyer in respect of the Products actually manufactured by Seller, and delivered in respect of other Products sold, but not manufactured, by Seller, to accordance with the extent of the liability assumed by Seller's supplierAgreement. No warranty is made to any other person, firm or company, whether subsequent Buyer or user, or to any bailee, licensee, assignee, employee, agent or otherwise. 11.4. • Buyer must determine for itself, by preliminary tests or otherwise, the suitability of the Products for Buyer's ’s purpose and the substances present or not present in the Products. Seller warrants only that the Products shall meet the specifications identified in Purchase Order. 11.5. • Seller makes no other warranty, express or implied, except as expressly provided herein. In furtherance, and not in limitation, of the foregoing, Seller makes no warranty that the Products are merchantable or fit for any particular purpose, or with respect to freedom from infringement of any patent and/or copyright resulting from Buyer’s use of products or Seller’s information.

Warranties and Claims. TO THE EXTENT PERMITTED BY LAW12.1. Common Sense warrants to Distributor that the Components supplied to the Distributor hereunder, ALL CONDITIONS, WARRANTIES OR OBLIGAIONS WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, INCLUDING SPECIFICALLY ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED AND THE PROVISIONS OF THE AGREEMENT SHALL APPLY IN LIEU THEREOF. 11.1. The Seller warrants that Products delivered when used properly in accordance with the Agreement meet the Seller's standard specification for the Products or such other specifications as have been expressly agreed between the Seller their instructions and the Buyer and that the Products are adequately containeduntil their expiry date, packaged and labeled and shall conform to the premises Components Specification thereof contained in ANNEX A ("COMPONENT WARRANTY"). If the Distributor provides a warranty to its customers and/or end-users other than the aforesaid warranty (or the translated version thereof) or any other warranties that are not approved in writing and affirmations in advance by Common Sense (the "DISTRIBUTOR WARRANTY"), Common Sense shall not be liable to the Distributor or any other person for any damage or loss of fact whatsoever nature resulted from such Distributor Warranty and the Distributor will assume full liability and indemnify and save Common Sense harmless against any and all loss, damage or expense of any kind arising out of any claim made on against Common Sense by any person, which is in excess of the container and labelwarranties of Common Sense contained in this section 13.1. 11.212.2. The Buyer represents and declares that it Distributor shall give Common Sense written notice of breaches of the Component Warranty as soon as practicable after the Distributor has learned of the facts giving rise to such breaches. 12.3. It is aware hereby specifically agreed by the Parties that the Productsobligation of Common Sense contained in section 7.5, by their very natureabove, are hazardous is Common Sense's sole obligation, responsibility and shall apply the necessary professional and legal standards of diligence and the Seller's instructions regarding the use, handling, storage and maintenance liability for a breach of the Productsabove Component Warranty, but does not limit or restrict in any respect any obligation, responsibility, and/or liability of Common Sense under Section 15 in connection therewith. If any claim is brought subject Common Sense shall not be responsible or liable to the conditions mentioned above, the Buyer must prove Distributor or any other person for any damage or loss of whatsoever nature due to the satisfaction a breach of the Seller that the Buyer applied said standards and instructionssuch warranty other than as stated in section 7.5 above or as provided under Section 15. 11.312.4. This warranty is specifically made and limited to Buyer in respect of the Products actually manufactured Except as otherwise required by Sellerapplicable law, and in respect of other Products sold, but not manufactured, by Seller, Common Sense shall have no liability hereunder to the extent of the liability assumed by Seller's supplier. No warranty is made any claim based upon (i) addition to any other person, firm or company, whether subsequent Buyer or user, or to any bailee, licensee, assignee, employee, agent or otherwise. 11.4. Buyer must determine for itself, by preliminary tests or otherwise, the suitability modification of the Products for Buyer's purpose and the substances present or not present in the Products. Seller warrants only that Components and/or the Products shall meet (other than additions or modifications made by or at the specifications identified written direction or with the written approval of Common Sense); (ii) Product's labeling materials which was prepared by the Distributor or by Common Sense in Purchase Order. 11.5. Seller makes no other warrantyaccordance with or using information or data provided in writing by Distributor (except if prepared by Distributor in accordance with or using information or data provided in writing by Common Sense); or (iii) misuse, express unauthorized use or implied, except as expressly provided herein. In furtherance, and not in limitation, negligent use of the foregoing, Seller makes no warranty that Components and/or the Products are merchantable or fit for any particular purpose, or with respect to freedom from infringement of any patent and/or copyright resulting from Buyer’s use of products or Seller’s informationthe Components/Products after their expiration date.