Common use of Warranties Disclaimer Clause in Contracts

Warranties Disclaimer. Seller warrants good and marketable title to the Oil and Feedstock sold to Buyer under this Agreement, free and clear of all Liens arising by, through or under Seller and, subject to any deficiencies that are taken into account through the Final Quality Differential, warrants the Oil and Feedstock sold to Buyer under this Agreement conforms to the quality specifications for the Grade of Oil or Feedstock Delivered by Seller. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, SELLER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY REPRESENTATION OR WARRANTY WITH RESPECT TO (A) ANY INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT; OR (B) THAT THE OIL AND FEEDSTOCK SOLD TO BUYER WILL (I) BE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE, (II) CONFORM TO MODELS OR SAMPLES, OR (III) MEET CERTAIN SPECIFICATIONS.

Appears in 3 contracts

Samples: Delivery and Services Agreement (PBF Energy Inc.), Delivery and Services Agreement (PBF Energy Inc.), Intercreditor Agreement (PBF Energy Inc.)

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Warranties Disclaimer. Seller warrants good and marketable title to the Oil and Feedstock sold to Buyer under this Agreement, free and clear of all Liens arising by, through or under Seller and, subject to any deficiencies that are taken into account through the Final Quality Differential, warrants the Oil and Feedstock sold to Buyer under this Agreement conforms to the quality specifications for the Grade of Oil or Feedstock Delivered by Seller. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, SELLER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY REPRESENTATION OR WARRANTY WITH RESPECT TO (A) ANY INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT; OR (B) THAT THE OIL AND FEEDSTOCK SOLD TO BUYER WILL (I) BE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE, (II) CONFORM TO MODELS OR SAMPLES, OR (III) MEET CERTAIN SPECIFICATIONS.

Appears in 3 contracts

Samples: Delivery and Services Agreement (PBF Energy Inc.), Delivery and Services Agreement (PBF Energy Inc.), Intercreditor Agreement (PBF Energy Inc.)

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