Common use of Use of Products Clause in Contracts

Use of Products. Buyer is responsible for (a) ensuring that Products meet its needs, including that Products are approved for use in any intended application, and (b) familiarizing itself with any manufacturer requirements, restrictions, limitations, warnings, disclosures, and instructions. Buyer shall be responsible for familiarizing itself and keeping itself informed as to any hazards to persons or property actually or potentially caused by the Products or their containers, including any hazards caused by their handling or from their chemical composition, including those containing perfluoralkyl or polyfluoroalkyl substances (collectively, “PFAs”). Buyer shall be responsible for advising its employees, contractors, customers, and any others who handle the Products regarding the same. BUYER ACKNOWLEDGES THAT PRODUCTS MAY BE HAZARDOUS TO HUMAN HEALTH. BUYER ASSUMES ALL RISK RELATED TO THE USE OR MISUSE OF THE PRODUCTS, INCLUDING THEIR STORAGE, HANDLING, SALE, OR RESALE AND REGARDLESS OF WHETHER THE PRODUCTS ARE USED SINGLY OR IN COMBINATION WITH OTHER PRODUCTS. SELLER ASSUMES NO OBLIGATION OR LIABILITY FOR ANY ADVICE OR REPRESENTATIONS MADE BY SELLER WITH RESPECT TO PRODUCTS OR ANY REPRESENTATIONS REGARDING RESULTS WHICH MAY BE OBTAINED FROM THE SAME. BUYER RELIES UPON SUCH INFORMATION AT ITS SOLE RISK. Buyer shall defend and indemnify Indemnified Parties (defined herein) from any and all Claims (defined herein) associated with any employee’s, contractor’s, customer’s, or user’s use of any Product, including but not limited to any claims based upon failure to warn. Buyer will not package, process, sell, resell, certify, provide, or offer Products as Active Pharmaceutical Ingredients or to be used in medical devices or applications to any entity, either directly or through the use of third parties. Buyer represents and warrants that it will not use any Product or byproduct in relation to (a) nuclear weapons, (b) chemical weapons, (c) weapon systems, (d) military applications, (e) illicit drugs, or (f) research related to any of the same.

Appears in 2 contracts

Samples: www.emcochem.com, www.emcochem.com

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Use of Products. Buyer is responsible for (a) ensuring that Products meet its needs, including that Products are approved for use in any intended application, and (b) familiarizing itself with any manufacturer requirements, restrictions, limitations, warnings, disclosures, and instructions. Buyer shall be responsible for familiarizing itself and keeping itself informed as to any hazards to persons or property actually or potentially caused by the Products or their containers, including any hazards caused by their handling or from their chemical composition, including those containing perfluoralkyl or polyfluoroalkyl substances (collectively, “PFAs”). Buyer shall be responsible for advising its employees, contractors, customers, and any others who handle the Products regarding the same. BUYER ACKNOWLEDGES THAT PRODUCTS MAY BE HAZARDOUS TO HUMAN HEALTH. BUYER ASSUMES ALL RISK RELATED TO THE USE OR MISUSE OF THE PRODUCTS, INCLUDING THEIR STORAGE, HANDLING, SALE, OR RESALE AND REGARDLESS OF WHETHER THE PRODUCTS ARE USED SINGLY OR IN COMBINATION WITH OTHER PRODUCTS. SELLER ASSUMES NO OBLIGATION OR LIABILITY FOR ANY ADVICE OR REPRESENTATIONS MADE BY SELLER WITH RESPECT TO PRODUCTS OR ANY REPRESENTATIONS REGARDING RESULTS WHICH MAY BE OBTAINED FROM THE SAME. BUYER RELIES UPON SUCH INFORMATION AT ITS SOLE RISK. Buyer shall defend and indemnify Indemnified Parties (defined herein) from any and all Claims (defined herein) associated with any employee’s, contractor’s, customer’s, or user’s use of any Product, including but not limited to any claims based upon failure to warn. Buyer will not package, process, sell, resell, certify, provide, or offer Products as Active Pharmaceutical Ingredients or to be used in medical devices or applications to any entity, either directly or through the use of third parties. Buyer represents and warrants that it will not use any Product or byproduct in relation to (a) nuclear weapons, (b) chemical weapons, (c) weapon systems, (d) military applications, (e) illicit drugs, or (f) research related to any of the same.

Appears in 2 contracts

Samples: www.emcochem.com, www.emcochem.com

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