Common use of Warranties and Covenants of Seller Clause in Contracts

Warranties and Covenants of Seller. 7.1 In addition to and without prejudice to any and all other warranties, whether express, arising by operation of law or implied, the Seller represents, warrants and covenants to QVC that: 7.1.1 the Seller possesses all licences, permits, rights, power, and consents required, necessary or desirable to enter into the Contract and to grant to QVC the rights granted by the Contract; 7.1.2 the Seller has obtained all consents, licences, releases and otherwise cleared all rights in any and all material provided by the Seller to QVC for the use of QVC in the marketing and promotion of the Goods and/or QVC.; 7.1.3 the Seller has complied with all Laws and Regulations relating directly or indirectly to the Goods and to prices, advertising, allowances, discounts and other benefits offered by the Seller; 7.1.4 the Seller’s performance of this Contract and all Goods including but not limited to the production, sale, packaging, labelling, safety, import and transport of the Goods and all representations and advertising by the Seller made in connection with the Goods shall at all times comply with all Laws and Regulations; 7.1.5 where applicable, reasonable and representative tests as prescribed by Laws and Regulations have been performed or will be performed before delivery of the Goods to QVC; 7.1.6 the Goods are of satisfactory quality, conform to all instructions, Specifications, drawings, data or samples, and are of the quality, grade and content as represented by the Seller or as otherwise provided in the Purchase Order and are fit for any purpose made known to the Seller by QVC; 7.1.7 the Goods are new and free from all defects (including without limitation latent defects in workmanship, material and design) and shall not have been reworked, rebuilt or refurbished; 7.1.8 all manufacturers’ warranties are effective and enforceable by both QVC and its customer(s); 7.1.9 all Marks which are part of or appear in connection with the Goods are valid and genuine and the Goods (including without limitation all written, printed or other works constituting a part of or appearing on such Goods) and the promotion, sale, performance or other use of the Goods by QVC or its customers will not infringe any intellectual property rights of any third parties; 7.1.10 the Seller has the right and authority to grant the right under Condition 6.1.2 to QVC and QVC’s use of the Marks will not infringe the intellectual property rights of any third party; 7.1.11 neither the Goods nor any component part of them is subject to any duty, tariff, value added tax or penalty except as previously disclosed in writing by the Seller to QVC; 7.1.12 the Goods and similar goods are not and have not been subject to product liability claims or product recall notices; 7.1.13 the Seller shall maintain for the life of the Goods public liability insurance coverage on the Goods, including full products liability, infringement and advertising injury, for not less than £1,000,000 per Contract on standard terms and with an insurance company of repute acceptable to QVC and shall at the request of QVC promptly provide QVC with a certificate of insurance naming QVC as an additional insured.

Warranties and Covenants of Seller. 7.1 10.1 In addition to and without prejudice to any and all other warranties, whether express, arising by operation of law or implied, the Seller represents, warrants and covenants to QVC that: 7.1.1 10.1.1 the Seller possesses all licences, permits, rights, power, and consents required, necessary or desirable to enter into the Contract and to grant to QVC the rights granted by the Contract; 7.1.2 10.1.2 the Seller has obtained all consents, licences, releases and otherwise cleared all rights in any and all material provided by the Seller to QVC for the use of QVC in the marketing and promotion of the Goods and/or QVC.; 7.1.3 10.1.3 the Seller has complied with all Laws and Regulations relating directly or indirectly to the Goods and to prices, advertising, allowances, discounts and other benefits offered by the Seller; 7.1.4 10.1.4 the Seller’s performance of this the Contract and all Goods including but not limited to the production, sale, packaging, labelling, safety, import and transport of the Goods and all representations and advertising by the Seller made in connection with the Goods shall at all times comply with all Laws and Regulations; 7.1.5 10.1.5 where applicable, reasonable and representative tests as prescribed by Laws and Regulations have been performed or will be performed before delivery of the Goods to QVCthe Customer; 7.1.6 10.1.6 the Goods are of satisfactory quality, conform to all instructions, Specifications, drawings, data or samples, and are of the quality, grade and content as represented by the Seller or its sub-contractors or as otherwise provided in the Purchase Order and are fit for any purpose made known to the Seller by QVC; 7.1.7 10.1.7 the Goods are new and free from all defects (including without limitation latent defects in workmanship, material and design) and shall not have been reworked, rebuilt or refurbished; 7.1.8 10.1.8 all manufacturers’ warranties are effective and enforceable by both QVC and its customer(sthe Customer(s); 7.1.9 10.1.9 all Marks which are part of or appear in connection with the Goods are valid and genuine and the Goods (including without limitation all written, printed or other works constituting a part of or appearing on such Goods) and the promotion, sale, performance or other use of the Goods by QVC or its customers the Customers will not infringe any intellectual property rights of any third parties; 7.1.10 10.1.10 the Seller has the right and authority to grant the right under Condition 6.1.2 4 to QVC and QVC’s use of the Marks will not infringe the intellectual property rights of any third party; 7.1.11 10.1.11 neither the Goods nor any component part of them is subject to any duty, tariff, value added tax or penalty except as previously disclosed in writing by the Seller to QVC; 7.1.12 10.1.12 the Goods and similar goods are not and have not been subject to product liability claims or product recall notices; 7.1.13 10.1.13 the Seller shall maintain for the life of the Goods public liability insurance coverage on the Goods, including full products liability, infringement and advertising injury, for not less than £1,000,000 2,000,000 per Contract on standard terms and with an insurance company of repute acceptable to QVC and shall at the request of QVC promptly provide QVC with a certificate of insurance naming QVC as an additional insured.