Common use of Seller Warranties Clause in Contracts

Seller Warranties. Seller warrants that the Goods delivered under the Contract will be free and clear, from and after time of delivery, of any security interest, lien, claim or encumbrance and that Seller has good and merchantable title thereto. Seller agrees that should any lien, security interest or encumbrance be claimed against any Product sold hereunder, Xxxxxx will immediately cause the same to be discharged and terminated; and, will further, hold Buyer harmless therefrom; and indemnify Buyer from any cost or losses incurred as a result of such claim. Seller warrants that the Product delivered under the Contract meet Seller’s specifications in accordance with the Contract description. Seller warrants that the Goods delivered under the Contract are of the grade indicated. Buyer’s weights and measures are to govern in any dispute or settlement thereof. Product quantity shall be measured when and where the Product is loaded for deliver as follows: (a) for railcar, by means of the railcar’s gauging device and applicable outage tables; (b) for tank truck, by means of a weigh scale or metering device; and (c) for tank storage or pipeline, by means of meter or other mutually accepted method. All measurements shall be corrected for temperature of 60°F. Seller shall provide Buyer with RINS in a format compatible with the EPA’s RFS RIN Transaction Report system specs.

Appears in 5 contracts

Samples: Ethanol Purchase Terms and Conditions, Ethanol Purchase Terms and Conditions, Ethanol Purchase Terms and Conditions

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