Merchantability a. "Merchantable products" shall be those logs defined as merchantable by the Official Log Scaling, Westside Log Scaling Handbook.
Merchantability. Supplier agrees that the products and services supplied will confirm to the specifications stated in the Request for Proposals and Supplier’s Proposal, andwill function and conform to the standards of the industry.
Merchantability. NSI warrants that Introductory Kits it may sell to NSUSA pursuant to this Agreement will be merchantable and of sufficient quality for sales within the Territory. If NSUSA determines that certain Introductory Kits supplied under this Agreement are not merchantable, a claim for a refund of the price paid can be made within 45 days from the day the Introductory Kits are received in the Territory. NSI agrees to refund, or credit the account of NSUSA, for the purchase price of such non-merchantable Introductory Kits.
Merchantability. Trees, when designated for cutting, and products cut from those trees, shall equal or exceed the following minimum specifications. Product Specifications Tree Specifications Species and Product Length (Feet) Scaling Diameter (Inches) Net Scale in Percent of Gross Scale Net Scale (Board Feet) Number of Minimum-Size Products per Tree PONDEROSA PINE-- SAWLOGS 8 5.51 33 1/3 10 2 XXXXXXX-FIR AND OTHER SPECIES – 8 5.51 33 1/3 10 2 SAWLOGS MIXED FIR SPECIES - TONWOOD * 16 <5.51 33 1/3 6 1 FIREWOOD—DEAD XXXXXXX-FIR AND ** ** ** ** ** WESTERN LARCH** ALL SPECIES - PULP LOGS*** *** *** *** *** *** *MIXED FIR SPECIES – TONWOOD is defined as Xxxxxxx-fir, western larch, and grand fir logs having a scaling diameter between 4.0 and 5.50 inches inside bark that will be paid for on a gross scale per-ton basis. **FIREWOOD—DEAD XXXXXXX-FIR AND WESTERN LARCH—is defined as standing dead or downed Xxxxxxx-fir and/or western larch trees within timber sale harvest units not meeting sawlog or tonwood specifications which the Purchaser removes from the logging unit with intent of manufacture or sale. ***ALL SPECIES PULP LOGS are defined as all products not meeting sawlog, tonwood, or firewood product specifications, which the Purchaser removes from the logging unit with intent of manufacture or sale.
Merchantability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PRODUCTS.
Merchantability. Notwithstanding anything to the contrary contained in this Agreement, the Purchaser and UTI acknowledge that the Purchaser will acquire the Purchased Assets on an "as is" "where is" basis and that the Seller does not make any representation or warranty as to the fitness for purpose, condition or merchantability of the Purchased Assets or any of them, except as expressly provided otherwise in Article 5. Each of the Purchaser and UTI acknowledge and agree that they have relied and shall solely rely on their own appraisal and estimate as to the 15 -11- quantum of value of the Purchased Assets and the Purchased Business and that they have relied and shall rely on their own analysis related thereto, notwithstanding anything to the contrary contained in this Agreement.
Merchantability. In the event that BUYER determines in BUYER’s sole discretion, that any Masters delivered and paid for under this Agreement are not technically or mechanically fit, acknowledging that the vast majority of the Masters are re-recordings completed without the benefit of current technology, * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. BUYER may reject such delivery and SELLER shall either replace rejected Master with a replacement which BUYER in BUYER’s sole discretion deems acceptable or issue BUYER refund in the amount of [*].
Merchantability. 6.1 The Contractor Company warrants that at the time the risk of loss transfers to the PreZero Company, the goods/services shall comply with the state of the art and be of merchantable quality at the location of the PreZero Company's branch placing the order; specifically it warrants that all applicable requirements as to condition, quality, design, materials, safety and recyclability shall be met. The Contractor Company warrants that when providing goods/services on site, it shall comply with the applicable local laws and rules and regulations, in particular relating to consumer and environmental protection, occupational health and safety and hazardous substances or materials, as well as building codes and laws relating to public health. The Contractor Company shall conduct the necessary procedures in accordance with applicable legal requirements in its own name and on its own account, i.e., it shall procure the necessary permits, authorizations, licenses or registrations (including those within the scope of Regulation (EC) No 1907/2006 ("REACH")) and shall issue the necessary reports, notifications and disclosures. If necessary, the Contractor Company shall on its own account appoint a suitable representative, e.g., within the scope of REACH, as its only representative within the meaning of article 8 REACH.
Merchantability. Trees, when designated for cutting, and products cut from those trees, shall equal or exceed the following minimum specifications. Product Specifications Tree Specifications Species and Product Length (Feet) Scaling Diameter (Inches) Net Scale in Percent of Gross Scale Net Scale (Board Feet) Number of Minimum-Size Products per Tree PONDEROSA PINE-- SAWLOGS 8 5.51 33 1/3 10 2 XXXXXXX-FIR AND OTHER SPECIES – SAWLOGS 8 5.51 33 1/3 10 2 MIXED FIR SPECIES - TONWOOD * 16 <5.51 33 1/3 6 1 ALL SPECIES - PULP LOGS*** *** *** *** *** *** *MIXED FIR SPECIES – TONWOOD is defined as Xxxxxxx-fir, western larch, and grand fir logs having a scaling diameter between
Merchantability. SELLER represents and warrants for a period of ninety (90) days after end-user purchase that all items delivered pursuant to this Order will, in addition to any express warranty or guarantees heretofore or hereafter made by samples or other descriptions previously furnished by SELLER be free from any defect in material or workmanship, be merchantable at the time of delivery to BUYER and at the time of use by BUYER'S customers and be fit and safe for sale and any use by BUYER, or its customers for which such items are ordinarily intended and any particular intended use for which SELLER or its agents should have or do have knowledge of. SELLER will maintain and carry liability insurance which includes but is not limited to employer's liability, workers compensation, general liability, public liability, property damage liability, product liability, and contract liability in amounts set forth or incorporated in this order, with insurance carriers acceptable to BUYER and if no amounts are so set forth herein, amounts as acceptable to and approved by the BUYER, but in no event shall such amounts be less than minimum statutory requirements, if any. SELLER will, at BUYER'S request, furnish certificates of insurance from its carrier on the foregoing coverage's, which shall provide that such coverage shall not be reduced without thirty (30) days advance written notification to the BUYER from the carrier.