WARRANTY-PRICE. a. The price to be paid by the Buyer shall be that contained in Seller’s bid which Seller warrants to be no higher than Seller’s current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller’s current prices on orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach or Seller’s actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of viciation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee.
Appears in 4 contracts
Samples: Purchase Order Agreement, Purchase Order Agreement, Sales Contract
WARRANTY-PRICE. a. The price to be paid by the Buyer shall be that contained in the Seller’s bid which Seller warrants to be no higher than Seller’s current process prices on orders by others for products of the kind bid and specification covered by this agreement for similar quantities under similar of or like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller’s current prices on orders by others, or in the alternative. , Buyer may cancel this contract without liability to Seller for breach or of Seller’s actual expense. .
b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of viciation or violation of this warranty the Buyer shall have the right in addition to any other right of or rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee.
Appears in 3 contracts
Samples: Purchase Agreement, Purchase Agreement, Purchase Agreement
WARRANTY-PRICE. a. The price to be paid by the Buyer shall be that contained in Seller’s 's bid which Seller warrants to be no higher than Seller’s 's current process prices on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of or like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller’s 's current prices on orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach or Seller’s 's actual expense. .
b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of viciation or violation of this warranty the Buyer shall have the right in addition to any other right of or rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee.
Appears in 3 contracts
Samples: Standard Terms and Conditions, Purchase Agreement, Purchase Agreement
WARRANTY-PRICE. a. The price to be paid by the Buyer shall be that contained in Seller’s 's bid which Seller warrants to be no higher than Seller’s 's current process prices on orders order by others for products of the kind and specification specifications covered by this agreement for similar quantities under similar of or like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller’s 's current prices on orders order by others, or in the alternative. , Buyer may cancel this contract without liability to Seller for breach or Seller’s 's actual expense. .
b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of or bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of viciation or violation of this warranty the Buyer shall have the right in addition to any other right of or rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee.
Appears in 1 contract
Samples: Purchase Agreement
WARRANTY-PRICE. a. The price to be paid by the Buyer shall be that contained in Seller’s bid which Seller warrants to be no higher than Seller’s current process prices on orders by others other for products of the kind and specification covered by this agreement for similar quantities under similar of or like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller’s current prices on orders by others, or in the alternative. , Buyer may cancel this contract without liability to Seller for breach or Seller’s actual expense. .
b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of viciation or violation of this warranty the Buyer shall have the right in addition to any other right of or rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage brokerage, or contingent fee.
Appears in 1 contract
Samples: Purchase Agreement
WARRANTY-PRICE. a. A. The price to be paid by the Buyer shall be that contained in Seller’s 's bid which Seller warrants to be no higher than Seller’s 's current process prices on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of or like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller’s 's current prices on orders by others, or in the alternative. , Buyer may cancel this contract without liability to Seller for breach or Seller’s 's actual expense. b. .
B. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of viciation or violation of this warranty warranty, the Buyer shall have the right in addition to any other right of or rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee.
Appears in 1 contract
Samples: Sales Contract
WARRANTY-PRICE. a. (a) The price to be paid by the Buyer shall be that contained in Seller’s bid which Seller warrants to be no higher than Seller’s current process prices on orders by others for products of the kind and specification covered by this agreement contract for similar quantities under similar of or like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller’s current prices on orders by others, or in the alternative. , Buyer may cancel this contract without liability to Seller for breach or Seller’s actual expense. b. (b) The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of viciation violation of this warranty warranty, the Buyer shall have the right in addition to any other right of or rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee.
Appears in 1 contract
Samples: Purchase Order Agreement