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. 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 XXXXXXX-FIR AND OTHER SPECIES – SAWLOGS MIXED FIR SPECIES - TONWOOD * ALL SPECIES - PULP LOGS*** 8 8 16 *** 5.51 5.51 < 5.51 *** 33 1/3 33 1/3 33 1/3 *** 10 10 6 *** 2 2 1 *** *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. ***ALL SPECIES PULP LOGS are defined as all products not meeting sawlog or tonwood 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 rely solely on their own appraisal and estimate as to the quantum 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. 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. NSI warrants that Starter Kits sold to NSJ --------------- pursuant to this Agreement will be merchantable and of sufficient quality for sales within the Territory. If NSJ determines that certain Starter 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 Starter Kits are received in the Territory. NSI agrees to refund, or credit the account of NSJ, for the purchase price of such non-merchantable Starter Kits.
Merchantability. The gas shall not contain objectionable odors, solid matter, dust, gums and gum-forming constituents, biologicals, heavy metals, or any other substance which might interfere with the marketability of the gas, or cause injury to or interference with proper operation of the lines, meters, regulators, or other appliances through which it flows.
Merchantability. The products shall be merchantable and fit for human consumption. The products, and any and all related packaging, labels, point of sales materials, and other promotional materials shall be manufactured, packaged, and labeled in conformity with applicable federal, state, and local laws, rules, and regulations, including but not limited to the rules and regulations of the U.S. Alcohol and Tobacco, Tax and Trade Bureau, U.S. Department of Homeland Security, U.S. Food and Drug Administration, and California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop 65), which shall be applicable regardless of the law which otherwise would govern this Agreement.
