SAFE HANDLING OF PRODUCT AND PRODUCT ODORIZATION Clause Samples

SAFE HANDLING OF PRODUCT AND PRODUCT ODORIZATION. (a) The Seller has provided to the Buyer and by taking delivery of the Product under the terms of this Agreement the Buyer acknowledges receipt of the Seller's current Safety Data Sheet(s) concerning the properties of and safe handling procedures for the Product. The Buyer acknowledges that the Product is a hazardous material and represents and warrants that it is familiar with the properties of and safe handling procedures for the storage, handling, transportation and use of the Product. The Buyer will inform its customers of those safe handling procedures of the Product. (b) The Seller has no knowledge how its customers will handle, store, transfer, distribute or use the Product and makes no warranty regarding the Product after delivery to the Buyer. With respect to the Product, the Buyer acknowledges that the Seller has no feasible method for conveying safety or warning information to the Buyer's customers. It is recommended that the Buyer provide its employees and subsequent customers with information regarding the characteristics of the Product, and how those characteristics relate to the employees' or customers' use including the limitations of any chemical odorant including ethyl mercaptan. With proper handling, transportation and storage, adding an odorant such as ethyl mercaptan has proven to be a very effective warning device, but all odorants have certain limitations. The effectiveness of the odorant may be diminished by a person's sense of smell, by competing odors and by oxidation, any of which may cause a potentially dangerous situation. The Buyer acknowledges that no odorant is certain to be effective to warn every user 100 percent of the time. (c) It is understood and acknowledged by the Buyer that odorant can fade over a period of time, or fade if subjected to certain metals or conditions of metals, household surfaces such as masonry, concrete blocks and ▇▇▇▇▇ may, therefore, be undetectable. When it is indicated in the Sales Agreement that the Seller is to deliver stenched or odorized Product, Product shall be odorized in accordance with applicable laws and transport regulations at the Delivery Point. The Seller has no further responsibility to ensure that the Product remains properly odorized after the Delivery Point except where the Seller failed to properly odorize/stench the Product. The Buyer shall be responsible for ensuring the Product contains a quantity of odorant sufficient to meet the applicable laws of the jurisdiction of the ...
View SourceView Similar (3)

Related to SAFE HANDLING OF PRODUCT AND PRODUCT ODORIZATION

  • Supply of Product Salix shall use reasonable efforts to supply the Product during the Co-Promotion Period in sufficient quantities to satisfy the levels of Product sales forecasted in the then current Marketing Plan. Salix shall maintain reasonable inventory levels of the Product in order to ensure their ability to fulfill this obligation. Salix shall have the sole responsibility and right to fill orders with respect to the Product. Altana shall not solicit orders for the Product but, if for any reason, Altana shall receive an order for the Product, Altana shall promptly forward to Salix any such orders. All orders for Product shall be subject to acceptance by Salix, in its sole discretion, which acceptance shall not be unreasonably withheld. Salix may cancel any order for Product at any time after acceptance without incurring any liability to Altana. Salix shall be solely responsible for responding to requests from Target Physicians for individual patients who need the Product but are unable to afford it. Any such request shall be forwarded by Altana to Salix for processing. Salix shall have the sole right and responsibility for establishing and modifying the terms and conditions of the sale of the Product, including (a) the price at which the Product will be sold, (b) whether the Product will be subject to trade or quantity discounts, (c) whether any discount will be provided for payments on accounts receivable, (d) whether the Product will be subject to rebates, returns and allowances or retroactive price reductions, (e) the channels of distribution of the Product, and (f) whether credit [*] Confidential treatment requested; certain information omitted and filed separately with the SEC. is to be granted or refused in connection with any sale of Product. In the event that Salix fails to supply the Product as required pursuant to this Agreement for any reason other than a Force Majeure, which such failure results in lost sales for Altana, the Parties shall meet and attempt to negotiate a mutually agreeable and commercially reasonable solution. If the Parties cannot reach such an agreement within a reasonable period of time, the issue will be dealt with as contemplated under Section 4.4 of this Agreement.

  • Product Labeling The labeling of all Licensed Products sold or offered for sale under this Agreement shall expressly state that the Licensed Product is manufactured under a license from the Medicines Patent Pool.

  • PRICE LISTS AND PRODUCT INFORMATION Contractors should provide an electronic version of the proposed price list in an Excel format or pdf on a jump drive. Also provide a dealer list, if applicable in an Excel format with "read and write" capabilities on the same jump drive. No costs or expenses associated with providing this information in the required format shall be charged to the State of Arkansas. At the time of contract renewal contractor will furnish OSP with an updated dealer list and published price list.

  • Other Products and Services As our customer, you have access to a suite of financial products and services availed by ourselves, our affiliates and strategic partners designed to help you address and achieve your financial needs and goals. You agree that you can obtain information about such Products and Services via our website ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇.▇▇ and you further agree that we can from time to time communicate information in relation to such Products or Services to you specifically or generally to all cardmembers via such communication mode as we consider appropriate.

  • Product NYISO will provide Energy Resource Interconnection Service and Capacity Resource Interconnection Service to Developer at the Point of Interconnection.