Common use of Warranty of Quality Clause in Contracts

Warranty of Quality. Seller represents and warrants that all Biodiesel supplied to the Buyer’s point of title transfer complies with the most current version of ***for use in *** or in the case of *** when it was *** to *** to ***. Seller further represents and warrants that the Biodiesel sold and delivered hereunder complies both with *** and the most current quality assurance standard observed by the *** or its successor, or in the case of ***, complied when it was *** immediately prior to blending to ***. Seller represents and warrants that the biodiesel is merchantable and fit for blending into petroleum diesel for on-road consumption. Seller will, at Buyer’s option and at Seller’s cost (including, but not limited to, laboratory costs, shipping, and handling), submit sufficient samples of Biodiesel to an independent third party laboratory of Buyer’s choosing for quality assurance testing that the Biodiesel meets all specifications described in the Warranty of Quality. Seller will, at Buyer’s option and at Seller’s cost (including expense of return and re-delivery), remedy the defect in, replace, or refund the purchase price of, any Biodiesel that fails to meet this warranty. Seller additionally represents and warrants that any Biodiesel sold to Buyer during the months of *** will have a *** of ***; and during the months of *** a *** of ***. If Buyer, after handling the Biodiesel in conformance with industry practices, experiences any problems with Biodiesel blending resulting from cold weather situations, both parties agree to work together to resolve the issue. With written agreement, Buyer and Seller may agree to waive this *** if weather conditions and/or other factors allow. ***, or diligently pursuing compliance, during the term of this contract.

Warranty of Quality. Seller represents and warrants that all Biodiesel supplied to the Buyer’s point of title transfer complies with the most current version of ***ASTM D-6751 Standard Specification for Fatty Acid Methyl Ester (FAME) B100 for use in *** compression ignition (diesel) engines (excluding the Appendixes), or in the case of *** B99.9, complied when it was *** B100 immediately prior to *** blending to ***B99.9. Seller further represents and warrants that the Biodiesel sold and delivered hereunder complies both with *** Sections 6426(c), 6427(e) and 40 A of the Internal Revenue Code and the most current quality assurance standard observed by the *** National Biodiesel Board or its successor, or in the case of ***B99.9, complied when it was *** B100 immediately prior to blending to ***B99.9. Seller represents and warrants that the biodiesel is merchantable and fit for blending into petroleum diesel for on-road consumption. Seller will, at Buyer’s option and at Seller’s cost (including, but not limited to, laboratory costs, shipping, and handling), submit sufficient samples of Biodiesel to an independent third party laboratory of Buyer’s choosing for quality assurance testing that the Biodiesel meets all specifications described in the Warranty of Quality. Seller will, at Buyer’s option and at Seller’s cost (including expense of return and re-delivery), remedy the defect in, replace, or refund the purchase price of, any Biodiesel that fails to meet this warranty. *** Confidential material redacted and filed separately with the Commission. Seller additionally represents and warrants that any Biodiesel sold to Buyer during the months of ***, ***, *** will have a *** maximum cloud point of ***; and during the months of *** a *, *** and *** a maximum cloud point of ***. If Buyer, after handling the Biodiesel in conformance with industry practices, experiences any problems with Biodiesel blending resulting from cold weather situations, both parties agree to work together to resolve the issue. With written agreement, Buyer and Seller may agree to waive this *** cloud point requirement if weather conditions and/or other factors allow. ***Seller will be BQ9000 compliant, or diligently pursuing compliance, during the term of this contract.

Warranty of Quality. Seller represents and warrants that all Biodiesel supplied to the Buyer’s point of title transfer complies with the most current version of ***ASTM D-6751 Standard Specification for Fatty Acid Methyl Ester (FAME) B100 for use in *** compression ignition (diesel) engines (excluding the Appendixes), or in the case of *** B99.9, complied when it was *** B100 immediately prior to *** blending to ***B99.9. Seller further represents and warrants that the Biodiesel sold and delivered hereunder complies both with *** Sections 6426(c), 6427(e) and 40 A of the Internal Revenue Code and the most current quality assurance standard observed by the *** National Biodiesel Board or its successor, or in the case of ***B99.9, complied when it was *** B100 immediately prior to blending to ***B99.9. Seller represents and warrants that the biodiesel Biodiesel is merchantable and fit for blending into petroleum diesel for on-road consumption. Seller will, at Buyer’s option and at Seller’s cost (including, but not limited to, laboratory costs, shipping, and handling), submit sufficient samples of Biodiesel to an independent third party laboratory of Buyer’s choosing for quality assurance testing that the Biodiesel meets all specifications described in the Warranty of Quality. Seller will, at Buyer’s option and at Seller’s cost (including expense of return and re-delivery), remedy the defect in, replace, or refund the purchase price of, any Biodiesel that fails to meet this warranty. Seller additionally represents and warrants that any Biodiesel sold to Buyer during the months of ***, ***, *** will have a *** maximum cloud point of ***; and during the months of *** a *, *** and *** a maximum cloud point of ***. If Buyer, after handling the Biodiesel in conformance with industry practices, experiences any problems with Biodiesel blending resulting from cold weather situations, both parties agree to work together to resolve the issue. With written agreement, Buyer and Seller may agree to waive this *** if weather conditions and/or other factors allow. ***will be BQ9000 compliant, or diligently pursuing compliance, during the term of this contract.

Warranty of Quality. Seller represents and warrants that all Biodiesel supplied to the Buyer’s point of title transfer complies with the most current version of *** *** Confidential material redacted and filed separately with the Commission. *** for use in *** *, or in the case of *** when it was *** immediately prior to *** blending to ***. Seller further represents and warrants that the Biodiesel sold and delivered hereunder complies both with *** and the most current quality assurance standard observed by the *** or its successor, or in the case of ***, complied when it was *** immediately prior to blending *** to ***. Seller represents and warrants that the biodiesel Biodiesel is merchantable and fit for blending into petroleum diesel for on-road consumption. Seller will, at Buyer’s option and at Seller’s cost (including, but not limited to, laboratory costs, shipping, and handling), submit sufficient samples of Biodiesel to an independent third party laboratory of Buyer’s choosing for quality assurance testing that the Biodiesel meets all specifications described in the Warranty of Quality. Seller will, at Buyer’s option and at Seller’s cost (including expense of return and re-delivery), remedy the defect in, replace, or refund the purchase price of, any Biodiesel that fails to meet this warranty. Seller additionally represents and warrants that any Biodiesel sold to Buyer during the months of *** will have a *** maximum cloud point of ***; and during the months of *** a *** maximum cloud point of ***. If Buyer, after handling the Biodiesel in conformance with industry practices, experiences any problems with Biodiesel blending resulting from cold weather situations, both parties agree to work together to resolve the issue. With written agreement, Buyer and Seller may agree to waive this *** if weather conditions and/or other factors allow. ***, or diligently pursuing compliance, during the term of this contract.

Warranty of Quality. Seller represents and warrants that all Biodiesel supplied to the Buyer’s point of title transfer complies with the most current version of **** for use in *** *, or in the case of ***, *** when it was *** to *** to ***. Seller further represents and warrants that the Biodiesel sold and delivered hereunder complies both with *** and the most current quality assurance standard observed by the *** or its successor, or in the case of ***, complied when it was *** immediately *** prior to blending to *** ***. Seller represents and warrants that the biodiesel is merchantable and fit for blending into petroleum diesel for on-road consumption. Seller will, at Buyer’s option and at Seller’s cost (including, but not limited to, laboratory costs, shipping, and handling), submit sufficient samples of Biodiesel to an independent third party laboratory of Buyer’s choosing for quality assurance testing that the Biodiesel meets all specifications described in the Warranty of Quality. Seller will, at Buyer’s option and at Seller’s cost (including expense of return and re-delivery), remedy the defect in, replace, or refund the purchase price of, any Biodiesel that fails to meet this warranty. Seller additionally represents and warrants that any Biodiesel sold to Buyer during the months of *** will have a *** of ***; and during the months of *** a *** of ***. If Buyer, after handling the Biodiesel in conformance with industry practices, experiences any problems with Biodiesel blending resulting from cold weather situations, both parties agree to work together to resolve the issue. With written agreement, Buyer and Seller may agree to waive this *** if weather conditions and/or other factors allow. ***, or diligently pursuing compliance, during the term of this contract.